[HISTORY: Adopted by the Township Committee of the Township of Egg
Harbor 12-28-1988 by Ord. No. 50-1988. Amendments noted where applicable.]
The Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., as amended,
is hereby adopted by the Township of Egg Harbor as an ordinance of the Township
such that local enforcement of this Act can be and is now hereby mandated
through the offices of the Fire Official and the Police Department, which
said departments shall be henceforth authorized to enforce the provisions
of this chapter and said Act.
The Fire Official, with the approval of the chief executive officer
of the Fire Department and the Chief of Police of Egg Harbor Township, may
designate fire lanes on private property to which the public is invited or
which is devoted or utilized otherwise by the public for public use or access
if it is necessary to provide safety for the public or to provide proper access
for Fire Department operations and in other emergency situations. For each
such property so designated, it shall require a signature on a designation
form by the Fire Official, the chief executive officer of the Fire Department
and the Chief of Police.
When a determination has been made for the fire lane designation, pursuant to § 109-2 of this chapter, the Fire Official shall notify the owner of the property or the agent of the owner, in writing, by registered or certified mail or by hand delivering such notice, specifically describing the area designated and the reason for making the designation and specifying the method in which the area must be marked such that the designation is evident to the general public.
A.
The marking of fire lanes shall be the responsibility
of and at the sole expense of the property owner and shall be accomplished
within 30 days of receipt of the notification by the owner of the property
or the agent of said owner.
B.
Should the owner of the property in question or the owner's
agent fail to comply with the requirements of the notification by the Fire
Official of designation of a fire lane or otherwise fail to maintain the same
upon written notification to do so, such notification giving the owner or
his agent 30 days to comply, the Fire Official shall enforce this chapter
along with the State Uniform Fire Safety Act referenced above, as well as
any other appropriate enforcement remedies herein or under New Jersey law.
It shall be a violation of this chapter for any person to park a motor
vehicle in or to otherwise in any way obstruct a designated and marked fire
lane. The Fire Official shall enforce this chapter pursuant to the provisions
and procedures promulgated by the Uniform Fire Safety Act referenced above,
as well as any other enforcement remedies available to the Fire Official under
New Jersey State law. The Police Department, through its officers, shall enforce
this chapter by issuing an appropriate summons to the owner or operator of
said motor vehicle or the party who has otherwise obstructed the designated
and marked fire lane, requiring the summoned party to appear in the Municipal
Court of Egg Harbor Township.
[Amended 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this chapter shall, upon conviction thereof,
be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment
for a term not exceeding 90 days or by a period of community service not exceeding
90 days. Each and every violation shall be considered a separate violation.
Any person who is convicted of violating the provisions of this chapter within
one year of the date of a previous violation and who was fined for the previous
violation may be sentenced by the Court to an additional fine as a repeat
offender. The additional fine imposed as a repeat offender shall not be less
than the minimum or exceed the maximum fine provided herein, and same shall
be calculated separately from the fine imposed for the violation of this chapter.
