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HomeMy WebLinkAboutO-1974-1002 . . . . e . ORDINANCE NO. 1002 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING THERETO ARTICLE IV, "FIRE LANES ON SHOPPING CENTER PROPERTY;" PROVIDING THAT ANY PERSON VIO- LATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The Code of Ordinances of the City of La Porte is hereby amended by adding thereto, an Article IV, "Fire Lanes on Shopping Center Property," to Chapter 10, "Fire Prevention and Protection," thereof, to-wit: "ARTICLE IV. Fire Lanes on Shopping Center Property "Sec. 10-45. Definitions. "(a) A fire lane is defined for the purposes of this article to mean-any area appurtenant to entrances or exits of a building deemed necessary by the fire marshal to remain free and clear of parked vehicles for access to such building in case of fire or other emergency and designated by him as such, and may, in the discretion of the fire marshal include sidewalks, driveways, portions of parking lots, or any other area adjacent to or near the entrances or exits, to any building. "(b) A shopping center is defined for the purposes of this article to mean a group of commercial business establishments, planned, developed, owned and managed as a unit, with off- street parking provided on the property, and related in location, size, and types of shops to the trade area that the unit serves. "Sec. 10-46. Penalty for violations. "Any person found guilty of a violation of this article shall, upon conviction, be subject to a fine not exceeding two hundred dollars ($200.00). Each day such violation is allowed to continue shall constitute a separate offense. "Sec. 10-47. Designation, location and maintenance of fire lanes on shopping centers; official records. "The fire marshal of the City of La Porte is hereby author- ized to designate fire lanes on the property of shopping cen- ters, as defined herein, appurtenant to buildings or the en- trances or exits to stores, groups of stores or buildings, where, in his opinion, such areas must be kept free of parked vehicles and other obstructions to provide ready access to such stores, groups of stores, or buildings, in case of fire or other emer- gencies. The designation by the fire marshal of such fire lanes shall never be held to make the city responsible for the maintenance of such fire lanes on private property, but the owner of such property shall continue to be responsible for the maintenance of such area. The official record of the desig- nation and location of any such fire lane shall be kept in the office of the fire marshal of the City of La Porte and under the custody and control of the fire marshal of the City of La Porte. '. . . e: . e Ordinance No. 1002 , Page 2. "Sec. 10-48. Approval of fire lanes on plot plans of proposed shopping centers. "The department of public works of the city shall hereafter submit plot plans of proposed shopping center construction, prior to the issuance of a building permit thereon, to the fire marshal for his review and approval of the adequacy of fire lanes provided therefor. "Sec. 10-49. Signs designating fire lanes. "Upon the designation of a fire lane pursuant to this article, the fire marshal shall give notice of such designation to the owner of such shopping center, directing the owner to cause signs to be posted at the expense of the owner, at either extremity of such fire lane, lettered 'Fire Lane--No Parking at any time.' Such signs shall be of a standard size and color, of standard lettering and mounting, such standards of size, coloring and lettering to conform to patterns, drawings or samples of same to be obtained from the department of public works of the City of La Porte and such standards of mounting, including but not limited to the height above the grade at which such sign is to be mounted, to be adopted by the fire marshal of the City of La Porte. "Sec. 10-50. Issuance of citations and impoundment of obstructions. "1. If any motor vehicle, trailer, boat, machinery or similar obstruction is found parked or unattended in or upon a properly marked fire lane which has either been designated or dedicated as a fire lane, the fire marshal or any assistant fire marshal, or any police officer, is hereby authorized to issue a citation for such violation, and may have such obstruc- tion removed by towing it to the city auto pound. Such vehicle or obstruction may be redeemed by payment of the towage and storage charges in the same manner and at the same rate as any vehicle impounded in the city auto pound. "2. No citation as provided for in paragraph 1 above shall be voided by the redemption of the obstruction from the auto pound, nor shall the violator be relieved of any penalty assessed by a judge of the municipal court for a violation of any provision of this section. "Sec. 10-51. Parking in fire lanes where signs erected deemed unlawful. "It is hereby declared to be unlawful to park any vehicle other than an authorized emergency vehicle of the City of La Porte in any fire lane as defined in section 10-45 hereof where the signs provided for herein have been erected. Pro- vided, however, if the signs provided for herein are not in proper position and sufficiently legible to be seen by an ordi- narily observant person, it shall be a defense to any alleged violation hereof. "Sec. 10-52. Alteration, defacing, etc., of signs unlawful. "It is hereby declared to be unlawful for any person, with- out lawful authority, to attempt to or in fact alter, deface, injure, knock down, or remove any sign designating a fire lane which has been erected under the terms of this article." . . . . e e Ordinance No. 1002 , Page 3. Section 2. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this the 4th day of September , 1974. CITY OF LA PORTE By t ~:7~ E. A. homas, Mayor ATTEST: ~~k~ APPROVED: i?ft!eY~ L ~