§ 78-67. Fire lanes; authority to prevent blocking of private ways and alleys.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Fire lane means an area designated by a fire official which provides access for department of fire vehicles to buildings, department of fire connections and fire hydrants. This includes all alleys, including private alleys, private ways or driveways, where parking of motor vehicles or other obstructions can interfere with ingress or egress of department of fire vehicles and equipment.

Fire official means a fire officer or other designated authority or the fire officer's or authority's duly authorized representative charged with the administration and enforcement of the fire prevention code adopted in this chapter.

Master plat means an original plat drawn in accordance with this section.

Plat means a map created by the property owner and approved by the fire official which depicts the location and boundaries of land and all existing fire lanes in accordance with this section. Maps shall be drawn to scale.

Property owner means each person, possessing any estate or leasehold right in the property being designated as a fire lane.

(b)

Authority. The fire chief or the chief's duly authorized fire official may properly designate fire lanes and prevent the blocking of any private alley, private way or driveway in the city by the parking of automobiles or otherwise.

(c)

Posting of signs. The property owner is required to post signs meeting the following criteria in areas designated as fire lanes:

(1)

Signs shall read: "No Parking—Fire Lane."

(2)

Signs must meet design specifications furnished by the department of fire.

(3)

One sign shall be posted at the beginning of the fire lane and one at the end of the fire lane and at intervals not more than 50 feet apart.

(4)

Signs posted shall not be more than four feet from the edge of the curb and shall be visible from both directions of the driving surface.

(d)

Painting of curbs. The fire chief or the chief's duly authorized fire official may order curbs adjacent to a fire lane to be painted red or another distinctive color.

(e)

Parking in fire lane. No person shall park any motor vehicle or place any other property in a fire lane; however, this section shall not apply to the parking of an authorized emergency vehicle.

(f)

Obstructing posted, private alley or driveway. Any person who shall park any vehicle of any character or place any other property in any private alley, private way or driveway which has been posted in accordance with this section and any person owning or occupying property abutting the private alley, private way or driveway who shall cause or permit the placing of anything therein which would impede or block the passage of fire trucks and equipment shall be guilty of an offense.

(g)

Plats. Property which falls within the corporate limits of the city upon which fire lanes have been designated shall have all fire lane delineations visually depicted on a plat. These plats shall be designed by the property owner and submitted to the department of fire when notified to do so by a fire official. Each plat shall identify all building exterior walls, traffic and parking lanes and sidewalks. The areas to be designated as fire lanes shall be delineated in red ink. The plat shall state a scale of measurement and shall be on paper or series of pages of 8½ inches by 11 inches. The plat shall specify the name of the property, the location of the property, a brief legal description of the property and the length and width of the fire lanes, as approved by the fire official with whom all master plats shall be filed.

(h)

Enforcement officials. Fire officials, police officers or other duly authorized law enforcement officials shall have the authority for enforcement of fire lanes. Fire officials, police officers or other duly authorized officials may cause to be removed to the nearest authorized place of impound or other place of safety any unattended vehicle or other property left standing in violation of this section.

(i)

Summons, notice of violation. Enforcement of this section shall be through an action in municipal court by the issuance of a summons, which notice shall be given to property owners by registered mail. If the owner is not in compliance of such notice within 60 days of such notice, the owner will be in violation of this section. The notice shall be either left with the vehicle or other property or delivered to the property owner or person in possession thereof. For the purpose of such action, it shall be presumed that the registered owner of a vehicle is in control or possession thereof.

(Code 1977, § 11-3007)

Cross reference

Stopping, standing and parking, § 150-86 et seq.