Thursday, April 9, 2020
AN ORDINANCE OF THE BOROUGH OF MENDHAM, COUNTY OF MORRIS, AND STATE OF NEW JERSEY TO SUPPLEMENT CHAPTER 106, FIRE CODE, UNIFORM, WITH THE ADDITION OF ARTICLE II, FIRE LANES
BE IT ORDAINED, by the Municipal Council of the Borough of Mendham, in the
SECTION 1. Chapter 106, Fire Code, Uniform, of the aforesaid Revised General Ordinances is hereby supplemented to establish newly created Article II, “Fire Lanes” to read as follows:
§ 106-12. Purpose.
It is determined that the operation and parking of motor vehicles in close proximity to buildings and areas devoted for public uses, including shopping centers, malls, banks, restaurants, stables, bars, gas stations, theaters and other places of public assembly, nursing homes, hospitals, schools, public buildings, churches and similar uses, fire hydrants, cisterns, and other fire department connection and suction points, constitute a danger to public health, safety and welfare in that the approach, operation and departure of fire equipment and other emergency vehicles are impeded by such operation and parking of motor vehicles.
§ 106-13. Authority to establish fire lanes.
A. The Bureau of Fire Prevention is hereby authorized, subject to approval by resolution adopted by the Borough Council, to establish fire lanes on properties in the Borough devoted to public uses, including but not limited to those uses described in § 106-12, where the operation and parking of motor vehicles in close proximity to buildings and designated areas located on such properties would prevent adequate ingress, egress, and operation of fire equipment and other emergency vehicles.
B. The fire lanes to be established pursuant to this section shall be designated in such areas of such properties as will ensure fire equipment and other emergency vehicles unobstructed means of ingress, egress and operation to such properties in the event of fire or other emergency.
§ 106-14. Factors for determination of fire lanes.
The number and location of such fire lanes shall be determined by the Fire Prevention Bureau, subject to approval by resolution adopted by the Borough Council. Such determination and approval shall be based upon the size, type of construction and location of the building, buildings or suction point involved; the use to which the property, building or buildings is put; the number of motor vehicles operated or parked upon the property; the number of persons using and occupying the property, building or buildings; the total area of the property, including the size of the parking lot; and all other factors which are relevant to the public health, safety and welfare of the inhabitants of the Borough. The actual dimensions of the fire lanes shall be the measurements established pursuant to Section F-311.0 of the New Jersey State Fire Prevention Code, which is adopted and enforced by the Borough in accordance with § 106-1.
§ 106-15. Establishment in front of hydrants, cistern and other fire department connections.
Fire lanes are to be established and maintained in front of any fire hydrant, cistern or other fire department connection located on both public and private property.
§ 106-16. Posting of signs; Marking of fire lanes.
All fire lanes within the Borough of Mendham shall be stripped and signs posted in the following manner:
(1) All signs shall be 12 inches by 18 inches in size.
(2) Light-reflective material shall be used for the sign background and lettering.
(3) All signs, whether wall- or post-mounted, shall be placed 100 feet apart, center to center. Whenever the fire lane changes angle or direction more than 60°, a sign is to be placed at the point of change, and a sign is required at the beginning and end of the lane. In all circumstances, a sign shall be visible from another sign. Additional signs may be required at the discretion of the Fire Prevention Bureau.
(4) The sign shall be placed at a height of seven feet, as measured from the ground surface to the bottom of the sign at an angle of 45° facing the direction of the flow of traffic.
(5) The fire lane sign shall state "
(1) Strips shall be three inches wide.
(2) All fire lanes shall be stripped at a width of four feet, as specified by the Fire Prevention Bureau.
(3) The lettering "
(4) The letters shall be 18 inches in height and shall be placed within the center of the fire lane.
(5) Paint for all letters and stripping shall be yellow in color and be of a reflective-type material.
C. Upon the designation of any such area as a fire lane, the Chief of the Fire Prevention Bureau shall promptly notify the owner of the premises of such designation. Within 30 days of his receipt of such notification, the owner of the premises shall cause to be erected on the premises, at such location or locations as shall be designated by the Chief of the Fire Prevention Bureau, signs and stripping indicating that parking is not permitted in said fire lanes.
§ 106-17. Erection of signs by Borough.
In the event the owner or owners of property fail or refuse to erect signs in accordance with the directions and specifications of the Borough as expressed in § 106-16, the Borough shall be permitted to enter onto the property and erect such signs and bill the property owner for the cost of the work. Failure of the property owner to pay to the Borough the full amount due within 10 days from a demand by the Borough shall be considered a violation of this chapter.
§ 106-18. Enforcement.
The Bureau of Fire Prevention and the Borough Police Department shall have concurrent jurisdiction to enforce the provisions of this section.
§ 106-19. Parking in or obstructing fire lanes.
No person shall at any time park or leave unattended a motor vehicle in any area designated as a fire lane, nor shall any person, firm or corporation place or construct any structure in a designated fire lane nor place any obstruction thereon which will impair the free passage and access of fire-fighting vehicles, apparatus or firemen or impair the free use of an exit or exit discharge from any building.. This shall not apply to emergency vehicles or firemen while engaged in the actual performance of official duties.
§ 106-20. Violations and penalties.
Any person, firm or corporation violating this article shall be assessed a fine of $100.00 per occurrence.
§ 106-21. Removal of vehicle as additional penalty.
In addition to the penalty provided in § 106-20, when any motor vehicle shall be found to be improperly parked within any fire lane in violation of this article, any enforcing officer, in addition to any other remedies provided herein, may order the motor vehicle to be removed by a towing service. The owner of the vehicle, in addition to any other responsibilities incurred herein, shall be responsible for all towing and storage charges incurred.
SECTION 2. All ordinances of the Borough of Mendham, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of such inconsistency.
SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance.
SECTION 4. This Ordinance shall take effect immediately upon final passage, approval, and publication as required by law.
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