HomeMy WebLinkAboutOrdinance No. 2020-12 ORDINANCE NO. 2020-12
AN ORDINANCE AMENDING THE CODE OF ORDINANCES,
CHAPTER 82, TRAFFIC AND VEHICLES,ARTICLE II.,FIRE
LANES BY AMENDING SECTIONS 82-62 THROUGH 82-71
REGARDING FIRE LANE REQUIREMENTS,
ENFORCEMENT AND PENALTIES FOR VIOLATION OF
DIVISION; PROVIDING A PENALTY OF AN AMOUNT NOT
TO EXCEED$2,000.00 FOR EACH VIOLATION; REPEALING
ALL OTHER ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PUBLICATION AND AN
EFFECTIVE DATE.
* * * * * * * * * * *
WHEREAS, the City Council of the City of Friendswood, Texas (the "City") is continually
reviewing the provisions of the Code of Ordinances addressing the health, safety and well-being of
residents, citizens and habitants; and
WHEREAS, the City Council finds and determines that the following amendment will
promote the public health, safety and welfare of the citizens of the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE
OF TEXAS:
Section 1. That Chapter 82 of the Code of Ordinances entitled "Traffic and Vehicles",
Article II., Fire Lanes, is hereby amended by amending Sections 82-62 through 82-71, to read as
follows:
"DIVISION 2.—FIRE LANES
Sec. 82-62. 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 150 feet from a public street or
highway; provided, however, that such structure may be erected at a greater distance if
the owner designates, constructs and maintains a fire lane or access easement having a
minimum width of 20 feet and a minimum height clearance of 20 feet terminating within
100 feet of the furthest point of such structure; provided, further, however, that no fire
lane shall be required for any single-family or duplex building.
Sec. 82-63. - Specifications.
Any fire lane more than 100 feet in length shall either connect at each end to a
dedicated street or be provided with a turnaround having a minimum radius of 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 shall never be responsible for the
maintenance thereof. The fire marshal or his authorized representative is hereby
authorized to designate adequate fire lanes and/or turnarounds to any building when
deemed necessary for fire department access in the event of fire in such building.
Sec. 82-64. - Markings.
(a) Signs.
(1) The owner, manager, or person in charge of any building, for 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 12 inches wide and 18
inches high,with a companion sign 12 inches wide and six inches high stating:
"Tow-Away Zone."
(2) Any "No Parking-Fire Lane" or "Tow-Away Zone" sign shall be painted on a
white background with symbols, letters and borders in red, using not less than
two-inch lettering. Signs shall be permanently affixed to a stationary post and
the bottom of the sign shall be six feet, six inches above finished grade. Signs
shall be spaced no more than 30 feet apart. Signs may be installed on buildings,
walls or fences, as approved by the fire marshal.
(3) Where the placement of such signs is not applicable or when, in the opinion of
the fire marshal or his representative, such signs would cause a burden on the
management, curb markings or striping may be used.
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(b) Curb markings/striping. Any "No Parking-Fire Lane" or "Tow-Away Zone"
curb markings or striping shall be painted on a red background,with symbols
and letters in white. Such lettering shall be a minimum of four inches in height
at 30- foot intervals on the red background markings along both sides of the
fire lanes. Such lettering shall state: "No Parking-Fire Lane-Tow-Away
Zone." Fire lanes marked on pavement surfaces shall be marked by lines of
red traffic paint 12 inches in width to show the boundaries of the lane. Where
a curb is available, the striping shall be in the vertical face of the curb.
Sec. 82-65. -Destruction of fire lane or tow-away sign.
It is hereby declared unlawful for any person, without lawful authority, to attempt to
or in fact alter, destroy, deface, injure, knock down, or remove any sign designating a
fire lane or tow-away zone erected under the terms of this division.
Sec. 82-66. -Abandonment or closing.
No owner, manager or person in charge of any premises served by a required fire lane
shall abandon or close such fire lane without written permission of the city fire marshal.
Sec. 82-67. -Parking prohibited.
(a) 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.
(b) Any motor vehicle, trailer, boat or similar obstruction found parked or
unoccupied within an area designated as a fire lane as required by this division
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 within a fire lane.
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(c) The records of the state highway department or the county highway license
department showing the name of the person to whom the state highway license
or boat or trailer license is issued shall constitute prima facie evidence of
ownership by the named person.
Sec. 82-68. - Modifications to requirements of division.
The fire marshal shall have the power to modify any of the provisions of this division
upon application in writing by the owner or lessee, or his duly authorized agent, when
there are practical difficulties in the way of carrying out the strict letter of this division,
provided that the spirit of this division shall be observed, public safety secured, and
substantial justice done. The particulars of such modification when granted or allowed
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.
Sec. 82-69. - Enforcement; issuance of citations; impoundment of obstructions.
(a) The fire marshal or any member of the fire marshal's office designated by the
fire marshal, or the chief of police or any member of the police department
designated by the chief ofpolice,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 towing and storage charges.
(b) No parking citation shall be voided nor shall the violator be relieved of any
penalty assessed by a judge of the municipal court for any provision of this
division by the redemption of the obstruction from the storage facility.
Sec. 82-70. - Submission of plats; duties of contractors.
(a) Prior to the issuance of a building permit, plats with designated fire lanes shall
be submitted to the building inspection department for review by the fire
marshal, who then will approve or disapprove the designated fire lanes and
indicate the needed signs and pavement markings. One of these plats shall be
Ord No.2020-12 4
retained by the fire marshal.
(b) The contractor or person in charge of any construction site for commercial,
industrial, mercantile, educational, institutional, assembly, hotel, multifamily
dwelling, or mobile home park occupancies shall provide and maintain during
construction an approved all-weather fire lane, not less than 20 feet in width, as
shown on approved plats. Final paving of such fire lane shall be completed prior
to the issuance of any certificate of occupancy.
Sec. 82-71. - Penalties for violation of division.
That a person who violates any provision of this Ordinance shall be deemed guilty of a
misdemeanor and upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day
of violation shall constitute a separate offense."
Section 2. That all other ordinances or parts of ordinances inconsistent or in conflict
herewith are,to the extent of such inconsistency or conflict, hereby repealed.
Section 3. That in the event any clause phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstances shall for any reason be
adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect,
impair, or invalidate this Ordinance as a whole 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, whether there be one or more parts.
Section 4. That this Ordinance shall become effective upon publication as required by the
City Charter.
PASSED AND APPROVED on first reading this 2nd day of March,2020.
PASSED, APPROVED, and ADOPTED on second and final reading this 6th day of
April,2020.
ike Fo e pan
Mayor
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ATTEST:
W4Dirc,LLI---CALQ03(Z____. ... .. . ..
Melinda Welsh, TRMC .•y U • ENO •.
City Secretary 'Ui. �'��.
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