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Home My WebLink AboutOrdinance No. 84-08 . � . , � . . ' � � ORDINANCE N0. 84-8 ' � AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY ADDING TO CHAPTER 7 THEREOF A NEW SECTION 7-13 ; PRO- VIDING RULES AND REGULATIONS GOVERNING THE REQUIRE- MENTS, SPECIFICATIONS , MARKINGS , USE, AND ENFORCEMENT OF FIRE LANES ; PROVIDING FOR THE IMPOUNDMENT OF VEHICLES OBSTRUCTING FIRE LANES; PROVIDING A SEVER- ABILITY CLAUSE; AND PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED T'WO HUNDRED DOLLARS ($200.00) FOR VIO- LATION OF ANY PROVISION HEREOF. � � � � � BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT'Y OF FRIENDSWOOD, STATE OF TEXAS : Section l . The Friendswood City Code is hereby amended by adding to Chapter 7 thereof a new Section 7-13 to provide as follows : "Section 7-13 . FIRE LANES "(a) When Required . ` No building or any type of construction for occupancy shall be constructed in such a manner that any part of the structure is more than one hundred fifty (150) feet from a public street or highway ; provided , how- ever , that such structure may be erected at a Areater distance if the owner designates , constructs , and maintains a fire lane or access easement havin.� a minimum width of twenty (20) feet and a minimum height clearance of tcaenty (20) feet ter�inating within one hundred (100) feet of the furthest point of such ' structure; providing further , however , that no fire lane shall be required for any single family or duplex building. "(b) Spec_ifications .- Any fire lane more than one hundred (100) feet in length shall either connect at each end to a dedicated street or be provided with a turn-around having a minimum radius of fifty (50) feet , excluding cul-de- sac medians , when measured from curb to curb. All fire lanes shall be maintained and kept in a state of good repair at all times by the owner, manager, or person in charge of the premises , and the City of Friendswood shall never be responsible for the main- tenance thereof . The fire marshal or his authorized representative is hereby authorized to desiQnate ade- quate fire lanes and/or turnarounds to any building when deemed necessary for fire department access in the event of fire in such building. "(c) Markin�s . Fire Lane Signs • The owner , manager, or person in charge of any building to which fire lanes have been approved by the fire marshal or his authorized representative shall ' post and maintain appropriate signs in conspicuous places along such fire lanes stating : "NO PARKING - FIRE LANE. " Such signs shall be twelve (12) inches wide and eighteen (18) inches high, with a companion sign twelve (12) inches and six (6) inches high stating : "TOW-AWAY ZONE. " Any "NO PARKING - FIRE LANE" or "TOW-AWAY ZONE" sign shall be painted on a white background with symbols , letters , and border in red . Standards for mounting, including but not limited to the height above the grade at which such signs are to be mounted shall be adopted by the fire marshal of Friendswood . Where the placement of such signs is not appli- cable or when in the opinion of the fire marshal or his representative , such signs would cause a burden on the management , curb markings may be used . Fire Lane Curb Markings : Any "NO PARKING - FIRE LANE" or "TOW-AWAY ZONE" curb markings shall be painted on a red background with symbols and letters in yellow. Such lettering shall be a mini�um of four (4) inches in hei�ht . Such lettering shall state : "NO PARKING - FIRE LANE - TOW- AWAY ZONE. " " (d) Destruction of Fire Lane or Tow-Away Si¢n. � It is hereby unlawful for any person, without lawful authority to attempt or in fact alter , destroy , deface, in jure , knock down, or remove any s i�n des ig- nating a fire lane or tow-away zone erected under the terms of this Code. " (e) Abandonment or Closing . No owner , manager , or person in charge of any premises served by a required fire lane shall abandon or close such f ire lane w ithout wr i tten permiss ion of the f ire marshal of the City of Friendswood . " (f) Parkin� in Fire Lanes Prohibited No person shall park, place, allow, permit , or cause to be parked , placed or remain unattended , any motor vehicle, trailer , boat, or similar obstruction within or upon an area designated as a fire lane and marked by an appropriate marking. Any motor vehicle, trailer , boat , or similar obstruc- tion found parked or unoccupied within an area desig- nated as a fire lane as required by this Section is hereby declared a nuisance per se and any such motor vehicle, trailer , boat , or similar obstruction parked or unoccupied in such manner as to obstruct in whole or in part any such fire lane shall be prima facie evidence that the registered owner unlawfully parked , placed , or permitted to be parked or placed such obstruction caithin a fire lane. The records of the state highway department of the county highway license department showing the name of the person to whom the Texas highway license or boat or trailer license is issued shall constitute prima facie evidence of ownership by the named person. -2- " (g) Modifications . The fire marshal shall have the power to modify any of the provisions of the Code hereby adopted upon appli- cation in writing by the owner or lessee , or his duly authorized agent , when there are practical diffi- culties in the way of carrying out the strict letter of the Code; provided that the spirit of the Code shall be observed , public safety secured , and sub- stantial justice done. The particulars of such modi- fication when granted or allocaed and the decision of the fire marshal thereon shall be entered upon the records of the City and a signed copy shall be furnished to the applicant . "(h) Enforcement; Issuance of Citations ; Impoundment of Obstructions . The f ire marshal or any member of the f ire marshal ' s office designated by the fire marshal ; the chief of police, or any member of the police department desig- nated by the chief of police ; is hereby authorized to issue parking citations for any motor vehicle, trailer , boat or similar obstruction found parked or unattended in or upon a designated fire lane and may have such obstruction removed by towing it away. Such vehicle or obstruction may be redeemed by payment of the towage and storage charges . No parking citations shall be voided nor shall the violator be relieved of any penalty assessed by a judge of the municipal court for any provision by the redemption of the obstruction from the storage facility. (i) Submission of Plats ; Duties of _Contractors . Prior to the issuance of a building permit , plats with designated fire lanes shall be submitted to the build- ing inspection department for review by the fire marshal , who then will approve or disapprove the designated fire lanes and indicate the needed si¢ns and pavement markings . One (1) of these plats shall be retained by the fire marshal of Friendswood . The contractor or person in charge of any construction site for commercial , industrial , mercantile , educa- tional , institutional , assembly , hotel , multi family dwelling, or mobile home park occupancies shall pro- vide and maintain during construction an approved all- weather fire lane, not less than twenty (20) feet in width, as shown on approved plats . Final paving of such fire lane shall be completed prior to issuance of any certificate of occupancy. "(j) Penalties . Any person who shall violate any provisions of the Code hereby adopted or fails to comply herewith , or who shall violate or fail to comply with any order made thereunder , or who shall build in violation of any detailed statement of specifications or plans sub- mitted and approved thereunder , or any certificate or permit issued thereunder, and from which no appeal has been taken , or who shall fail to comply with such an order as affirmed or modified by the City of Friends- wood , shall severally for each and every violation and n anco�pliance respectively be guilty of a misdemeanor , punishable by a fine of not less than twenty dollars ($20. 00) nor more than two hundred dollars ($200. 00) . " -3- � . £, , � . .. � 1 .. Section 2. In the event any section , paragraph , subdi- vision , clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or cir- cu�stance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction , it shall not affect , i�pair , or invalidate this Ordinance as a w�ole or any part or provision hereof other than the part declared to be invalid or unconstitutional ; and the City Council of the City of Friendswood , Texas , declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional , or whether there be one or more parts . PASSED AND APPROVED on first reading this �5th day of ,�Marc.h , 1984. PASSED AND APPR6VED on second reading this � 19th day ofM_azch , 1984. PASSED, APPROVED AND ADOPTED on third and final reading this 2nd day of Anril , 1984. � � Mayor ATTEST: City ecretary -4-