[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 8-14-1967
by Ord. No. 869 (Art. 27 of the 1970 Revised Ordinances).
Amendments noted where applicable.]
It is hereby determined that the operation and parking of motor vehicles
within 30 feet of buildings devoted for public uses, including shopping centers,
nursing homes, hospitals, schools, public buildings, churches and similar
uses, constitutes a danger to public health, safety and welfare in that the
approach, operation and departure of fire equipment and other emergency vehicles
is impeded by such operation and parking of motor vehicles.
The Fire Chief of the Borough of Madison is hereby authorized, subject
to approval by resolution adopted by the Borough Council, to establish fire
zones on properties in the Borough of Madison devoted for public uses, including
but not limited to shopping centers, nursing homes, hospitals, schools, public
buildings, churches and similar uses, where the operation and parking of motor
vehicles within 30 feet of buildings located on such properties would prevent
adequate ingress, egress and operation of fire equipment and other emergency
vehicles.
The fire zones to be established pursuant to § 103-2 of this chapter shall be designated in such areas of such public properties as will ensure fire equipment and other emergency vehicles unobstructed means of ingress and egress to and operation on such properties in the event of fire or other emergency.
The number, location, width, length and marking of such fire zones shall
be determined by the Fire Chief of the Borough of Madison, subject to approval
by resolution adopted by the Borough Council of the Borough of Madison. Such
determination and approval shall be based upon the size, type of construction
and location of the building or buildings 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 existing means of ingress to and egress from 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 of Madison.
The Fire Chief of the Borough of Madison, subject to approval by resolution adopted by the Borough Council, is further authorized to promulgate regulations limiting, restricting or prohibiting the operation or parking of motor vehicles within the fire zones authorized to be established pursuant to § 103-2 of this chapter.
This chapter shall be enforceable by any member of the Borough Police
Department or the Fire Chief, or his duly authorized agent.
[Amended 5-11-1970 by Ord. No. 9-70; 6-10-1991
by Ord. No. 18-91; 4-11-1994 by Ord.
No. 5-94; 10-15-1997 by Ord. No. 22-97; 12-13-1999
by Ord. No. 42-99; 8-14-2000 by Ord.
No. 35-2000; 1-26-2004 by Ord. No. 1-2004; 6-28-2004
by Ord. No. 26-2004; 8-23-2004 by Ord.
No. 42-2004; 5-8-2006 by Ord. No. 19-2006]
Any person, firm, corporation or other organization violating § 103-5 of the Borough Code shall be subject to a penalty of $38 for the first offense and a penalty of $58 for the second offense. Any person, firm, corporation or other organization who violates § 103-5 more than twice or who violates any other provision of this chapter shall make a court appearance, and shall, upon conviction thereof, be punishable by one or more of the following in the discretion of the Judge: a fine of not to exceed $2,000; or by imprisonment for a term not exceeding 90 days; or by a period of community service not exceeding 90 days. In the event that a fine is imposed, pursuant to this section, such fine shall be no less than $100.
