[HISTORY: Adopted by the Town Council of
the Town of Standish 2-14-1989 as Order No. 135-88.
Amendments noted where applicable.]
The name of this chapter shall be the "Standish
Fire Lane Ordinance" (hereinafter "this chapter").
The purpose of this chapter shall be to:
A.
Establish fire lanes to those buildings and areas
within the town, public and private, within which and to which the
public will be invited, served or housed.
B.
Provide prompt and adequate emergency access and services
by law enforcement, fire fighters, rescue and emergency personnel
and related emergency apparatus and equipment to said buildings and
areas.
[Amended 7-14-1992 by
Order No. 96-92]
As used in this chapter, the following terms
shall have the meanings indicated:
An open space, with or without buildings, used for regular
or special events.
A designated, unobstructed passageway at least 20 feet in
width (with an outside turning radius of 50 feet), constructed and
maintained at all times in a manner to permit the free passage of
fire, police, rescue and emergency personnel and apparatus from a
public way to necessary areas and buildings.
An improved or unimproved lot used for the parking of motor
vehicles off a public or private way by the public, with or without
a fee.
The provisions of this chapter shall be applicable
to all proposed and existing parking areas involving buildings and
areas, including but not limited to the following:
A.
Apartment houses over four units.
B.
Athletic events.
C.
Carnivals, festivals, circuses, exhibitions and other
open-air events.
D.
Churches.
E.
Condominiums.
F.
Convalescent, rest, boarding and nursing homes having
more than three patients.
G.
Day-care centers or nursery schools with more than
12 students.
H.
Dormitories.
I.
Hospitals.
J.
Industrial buildings and parks.
K.
Motels and hotels.
L.
Multiple-occupant buildings with more than four units.
M.
Places of assembly having a capacity of 50 or more
people.
N.
Restaurants.
O.
Schools.
P.
Shopping centers.
Q.
Theaters.
A.
Site plan review. The Planning Board, upon reviewing
an application for site plan review, may request the Fire Chief to
review the application and make written recommendations to the Board
for the location of fire lane(s) for the project. Planning Board approval
of the project shall prescribe, in writing, the location and requirements
of any fire lane(s) after considering the Fire Chief's recommendations.
B.
Existing buildings and areas. Existing buildings and areas meeting the applicability requirements established in § 140-4 herein shall be reviewed by the Fire Chief to determine if a fire lane(s) should be designated on the premises. The Fire Chief, upon determining the need of a fire lane(s), shall notify the owner(s), occupant(s) or agent(s) thereof by certified mail of such decision, which shall include the requirements for and designated location of said fire lane(s). A copy of the Fire Chief's decision shall be filed with the Code Enforcement Officer, Planning Board and Town Clerk. Compliance with the Fire Chief's decision shall be within six months of the decision date.
C.
Parties aggrieved of the Fire Chief's decision may
file an appeal with the Town Clerk within 15 days of the decision
date, citing in writing the reason for such appeal. The Board of Appeals
shall hold a public hearing within 30 days of the appeal date, after
which the Board shall, within 30 days of the hearing, affirm, modify
or rescind the Fire Chief's decision.
Designated fire lanes shall be kept free of
ice, snow, rubbish containers and/or other obstructions by the owner(s),
occupant(s) or agent(s) of the premises. The owner(s), occupant(s)
or agent(s) thereof shall cause to be erected, installed and maintained
at his/her expense permanent, adequate signs bearing the words FIRE
LANE — NO PARKING — VEHICLES WILL
BE TOWED AT OWNER'S EXPENSE in or adjacent to said fire lane(s).
Notice of the designation of a fire lane(s)
shall prescribe a reasonable time for compliance. Failure to comply
or to maintain a fire lane(s) in accordance with this chapter shall
render the owner(s), occupant(s) or agent(s) of the premises liable
to a fine of $50 for each day this chapter is violated.
A.
Prohibition. No person shall park or permit to stand
a motor vehicle in any fire lane established in accordance with this
chapter except when actually picking up or discharging passengers
or actively loading or unloading a motor vehicle.
B.
Penalty. Any law enforcement officer or other authorized
person designated by the Town Manager may attach to any vehicle found
parked in violation of this chapter a notice that the vehicle has
been parked in violation of this chapter. The owner or operator shall
pay to the Town of Standish a sum of $25, the payment of which shall
be due within five business days of the issuance of the violation
notice. The registered owner of the motor vehicle shall be presumed
to be the operator. Any motor vehicle found parked or standing in
a fire lane, in addition to the foregoing, may be towed upon the direction
of a law enforcement officer or other authorized person designated
by the Town Manager to any public or private parking facility, and
all expenses of towing and subsequent storage shall be borne by the
registered owner.
[Amended 7-14-1992 by Order No. 96-92; 10-10-2006 by Order No. 122-06; 12-12-2008 by Order No. 161-07]
A building or area meeting the applicability requirements established in § 140-4 herein may be exempted from the requirements of this chapter by the Fire Chief after carefully reviewing the overall accessibility to the building or area and the distance from the public way.
Should any section, or portion thereof, of this
chapter conflict with any other town ordinance(s), the provisions
of this chapter shall prevail.
