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HomeMy WebLinkAboutORD 95-25 - Fire ZonesORDINANCE No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING "SECTION 10.16.070 OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS, RELATING TO FIRE ZONES"; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the current parking code for the City of Georgetown establishes and maintains fire lanes only in those areas specifically listed in the city code; and WHEREAS, the City Council finds that there exist many more areas in the City of Georgetown which require fire lane designation other than those listed in the city code; and WHEREAS, the City Council finds it necessary to ensure access for emergency vehicles for the safety and protection of the citizens and property of the City of Georgetown; and WHEREAS, the City Council finds that access for emergency vehicles would be more easily and more effectively ensured and maintained if fire lanes were established as needed by the Fire Marshal, rather than limited to those listed in the city code; and WHEREAS, the City Council finds that the fire lane requirements and specifications contained herein are proper and necessary for the safety and protection of the citizens and property of the City of Georgetown; and WHEREAS, the fire lane requirements and specifications contained herein are found to be in accordance with National Fire Protection Association; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the Economic Development Policy of the Century Plan - Policy Plan Element, which states: "The City will encourage diversified growth and promote business opportunities to create jobs, broaden the tax base and minimize the impact of economic fluctuations," as well as End C of the Facilitates and Services Policy - Policy Plan Element which states, "The City should ensure that all sectors of the City are served by an adequate level of fire protection...," and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. Section 10. 16.070 of the Code of Ordinances of the City of Georgetown, Texas hereby amended to areas as follows: Section 10.16.070 Fire manes A. When required 1. No building of any type construction for occupancy shall be constructed in such a manner that any part of the structure is more than one hundred fifty feet (150') from a public street or highway; provided, however, that such structure may be erected at a greater distance if the owner designates, constructs, and maintains a fire lane having a minimum unobstructed width of twenty feet (20') and a minimum height clearance of fourteen feet (14') terminating within one hundred fifty feet (150') of the futherest set point of such structure; providing further, however, that no fire lane shall be required for any single family or duplex dwelling. 2. The Fire Marshal, Fire Chief, Incident Commander, or other authorized representative is hereby authorized to establish fire lanes during any fire, and to exclude all persons other than those authorized to assist in extinguishing the fire from within such lanes. u 3. The Fire Marshal or authorized representative is authorized to establish such other fire lanes as deemed necessary for the safe and adequate movement of fire trucks and apparatus. B. Specifications 1. Any fire lane more than one hundred feet (100') in length shall either connect at each end to a dedicated street or be provided with a turnaround having a minimum radius of eighty feet (80') when measured from curb to curb. All fire lanes must be maintained and kept in a state of good repair at all times by the owner, manager, or person in charge of the premises and the City of Georgetown bears no responsibility for the maintenance thereof. 2. All fire lanes shall have at least a twenty-five foot (25') inside turning radius and at least a fifty foot (50') outside turning radius. 3. Fire lanes shall be maintained free of all obstruction at all times. 4. The Fire Marshal, or his authorized representative, is authorized to designate adequate fire lanes and/or turnarounds to any building when deemed necessary for fire department access. The Fire Marshal, or his authorized representative, is authorized to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. The Fire Marshal, or his representative, may take into consideration the use 4 1 675 and occupancy of the property in marking fire lane and/or turnaround lane designation. Buildings specifically included in this particular category include, but are not limited to: schools, churches, hospitals, nursing homes, shopping centers, and places of assembly. 5. Fire lanes shall be established to prohibit parking within twenty feet (20') of the driveway entrance to any fire station and on the side of the street opposite of the entrance to any fire station within seventy-five feet (75') of said entrance. Co Fire Lane Markings 1. The owner, manager, or person in charge of any building or property to which fire lanes have been approved or required by the Fire Marshal, or his authorized representative, shall mark and maintain said fire lanes in the following manner: All curbs and curb ends shall be painted red with four inch (4") white lettering stating "NO PARKING - FIRE LANE - TOW AWAY ZONE. " Wording may not be spaced more than fifteen feet (15') apart. In areas where fire lanes are required but no continuous curb is available, one of the following methods shall be used, in conjunction with the curb markings, to indicate that the fire lane is continuous: Option #l: A sign twelve inches (12") wide and eighteen inches (18") in height shall be mounted in a conspicuous location at each entrance to the property. Option #2: From the point the fire lane begins to the point the fire lane ends, including behind all parking spaces which adjoin a fire lane, shall be marked with one continuous eight inch (8:) red stripe painted on the drive surface behind the parking spaces. All curbing adjoining a fire lane must be painted red. Red stripes and curbs will contain the wording "NO PARKING - FIRE LANE - TOW AWAY ZONE,'" painted in four inch (4") white letters. 2. Signs may be required in lieu of curb markings when necessary at the discretion of the Fire Marshal or authorized representative. Do Fire Lane Signs: Tow -Away Zone Signs Appropriate signs shall be posted and maintained in conspicuous places along such fire lanes stating "No Parking - Fire Lane" by the owner or person in charge of any building once the fire lanes have been approved by the Fire Marshal or authorized 0X70 0 4:1 x > t representative. Such signs shall be twelve inches (12") wide eighteen inches (18") high. Any "No Parking - Fire Lane" sign shall be painted on a white background with symbols, letters and border in red. Drawings and samples of such signs may be obtained from Fire Services of the City of Georgetown. Standards for mounting, including but not limited to, the height above the grade at which such signs are to be mounted, shall be as adopted by the Fire Marshal of Georgetown or authorized representative. E. Destruction of Fire Lane or Tow -Away Signs It is hereby unlawful for any person, without lawful authority to attempt or in fact alter, destroy; deface, injure, knock down, or remove any sign designating a fire lane or tow -away zone erected under the terms of this code, or to deface a curb marking in any way. F. Abandonanent or Closing No owner, manager, or person in charge of any premises served by a required fire lane shall abandon or close such fire lane without written permission of the Fire Marshal of the City of Georgetown. G. Parking in Fire Lanes Prohibited No person shall park, place, allow, permit or cause to be parked, placed, or remain unattended, any motor vehicle, trailer, boat, or similar obstruction within or upon an area designated as fire lane and marked by an appropriate sign or curb marking. Any motor vehicle, trailer, boat or similar obstruction found parked or unoccupied within an are designated as fire lane as required by this section is hereby declared a nuisance per se and may be towed without notice. Any such motor vehicle, trailer, boat, or similar obstruction parked or unoccupied in such a manner as to obstruct in whole or in part any such fire lane shall be prima facie evidence that the registered owner unlawfully parked, place, or permitted to be parked or placed such obstruction within a fire lane. The records of the State Highway Department or the County Highway License Department showing the name of the person to whom the highway license or boat or trailer license is issued shall constitute prima facie evidence of ownership by the named persons. H. Modifications The Fire Marshal of the Fire Division, or authorized representative, shall have power to modify any of the provisions of the code hereby adopted upon application in writing by the owner of the property, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modifications when granted or allowed and the decision of the Fire Marshal of the Fire Division, or authorized representative, thereon shall be entered upon the records of the division and a signed copy shall be furnished to the applicant. I. Enforcement; Issuance of Citations; Impoundment of Obstructions The Fire Marshal, or any member of the Fire Division designated by the Fire Marshal, the Police Chief, or any member of the Police Division designated by the Police Chief are hereby authorized to issue parking citations for any motor vehicle, trailer, boat, or similar obstruction or by having said vehicle removed by towing it away without further notice. Such vehicle or obstruction may be redeemed by payment of the towage and storage charges at the owner's expense. No parking citations shall be voided nor shall the violator be relieved of any penalty assessed by -a judge of the Municipal Court for any violation of this provision by the redemption of the obstruction from the storage facility. �. Submission of Plot Plans; Duties of Contractors Prior to the issuance of a building permit, two (2) plot plans with designated fire lanes shall be submitted to the Building Inspection Department for review by the Fire Marshal, or authorized representative. The Fire Marshal, or authorized representative, will approve or disapprove the designated fire lanes and indicate the needed signs and pavement markings. One (1) of these plans shall be retained by the City of Georgetown and the other returned to the owner for his use. The contractor or person in charge of any construction site for commercial, industrial, mercantile, education, instructional, assembly, hotel, motel, multifamily dwelling, or mobile home park occupancies or for any other development for which the Fire Marshal, or authorized representative, deems appropriate shall provide and maintain during construction an approved all-weather fire lane, not less than twenty feet (20') in width, as shown on approved plot plans. Final paving of such fire lane shall be completed prior to issuance of any certificate of occupancy. K. Penalties Any person who shall violate any of the provisions of this Code hereby adopted or fail to comply herewith, or shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which not appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City of Georgetown, shall severally for each every `$ J 4e , violation and noncompliance respectively, be guilty of a misdemeanor. A violation of this ordinance is punishable by a fine not to exceed the maximum fine allowed by law as provided for by Article 4.14 of the Texas Code of Criminal Procedure, as amended. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. - If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of , 1995. PASSED AND APPROVED on Second Reading on the day of Jane, , 1995. Sandra Lee City Secretary Marianne Landers Banks City Attorney THE CITY OF GEORGETOWN By: V LEO WOOD Mayor