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Ord. 0441 06-14-82ORDINANCE NO. 441 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING THERETO A NEW ARTICLE V TO BE ENTITLED "FIRE LANES"; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. That Chapter 10 of the Code of Ordinances of the City of Pearland, Texas, Codified as Fire Prevention and Protection, be and the same is hereby amended by adding thereto a new Article V to be entitled Fire Lanes. Said Article V to hereafter read as follows: ARTICLE V. FIRE LANES Section 10-90. Definitions. For the purposes of this article and regulations contained therein, the following terms, phrases, words and their derivations shall have the meaning ascribed to them in this section; inthe event such terms are not defined in these regulations, they shall be con- strued in their common and usual significance: (a) A fire lane: is defined for the purposes of this article to mean any area appurtenant to entrances or exits of a building deemed necessary by the fire marshal to remain free and clear of parked vehicles for access to such building in case of fire or other emergency and designated by him as such, and may, in the discretion of the fire marshal include sidewalks, driveways, portions of parking lots, or any other area adjacent to or near the entrances or exits to any building. (b) A shopping center: is defined for the purposes of this article to mean a group of commercial business establishments, planned, developed, owned and managed as a unit, with off-street parking provided on the property, and related in location, size, and types of shops to the trade area that the unit serves. (c) A hospital: is defined for the purposes of this article to mean any public or private hospital, convalescent home or nursing home. Section 10-91. Designation and Location of Fire Lanes. The fire marshal of the City of Pearland is hereby authorized to designate fire lanes on the property of shopping centers and hos- pitals, as defined herein, appurtenant to buildings or the entrances or exits to stores, groups of stores or buildings, where in his opinion, such areas must be kept free of parked vehicles and other obstructions to provide ready access to such stores, groups of stores, or buildings, in case of fire or other emergencies. The designation by the fire'marshal of such fire lanes shall never be held to make the city responsible for the maintenance of such fire lanes on private property, but the owner of such property shall continue to be responsi- ble for the maintenance of such area. The official record of the designation and location of any such fire lane shall be kept in the office of the fire marshal of the City of Pearland and under the custody and control of the fire marshal of the City of Pearland. Section 10-92. Fire Lane Marking,. Upon the designation of a fire lane pursuant to this article, the fire marshal shall give notice of such designation to the owner of such shopping center or hospital, directing the owner to cause signs to be posted at the expense of the owner, at either extremity of such fire lanes, lettered "Fire Lane --No Parking at any time". Such signs shall be of a standard size and color, of standard lettering and mounting, such standards of size, coloring and lettering to conform to patterns, drawings or samples of same to be obtained from the Department of Traffic and Transportation of the City of Pearland and such standards of mounting, including but not limited to the height above the grade Page 2 at which such sign is to be mounted, to be adopted by the fire marshal of the City of Pearland. Section 10-93. Proposed Construction - Submittal of Plot Plans. The Building Inspector of the City shall hereafter submit plot plans of proposed shopping center or hospital construction, prior to the issuance of a building permit thereon, to the fire marshal for his review and approval of the adequacy of fire lanes provided therefor. Section 10-94. Parking Prohibited within Fire Lane. When signs are erected giving notice thereof, it shall be unlaw ful for the owner or operator of any motor vehicle to allow, cause or permit such vehicle to remain standing or parked within any fire lane hereafter designated by the fire marshal. Section 10-95. Summons and Penalty. (a) Summons - Any summons or notice to appear in answer to a charge of parking inviolation of Section 10-94 of this Article shall be issued on official forms therefore prescribed by the City of Pearland. Such '•forms may be issued,consecutively numbered, to the owner or lessee of the property upon which a fire lane has been established hereunder or to any person employed by or on behalf of such an owner or lessee who holds a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies pursuant to Article 4413(29bb), V.A.C.S., and he shall account to the police department for such forms. The owner or lessee of the property upon which a fire lane has been_ established hereunder shall file with the police department a list, which shall be corrected from time to time to reflect changes in personnel, of the designated private security officers who are authorized by him to issue the summons or notice herein provided for. Such summons or notice shall require the appearance of the violator before the Munici- pal Court of the City and all fines paid by the violator shall be paid to the Municipal Court Clerk's Department of the City. The summons or notice to appear in answer to a charge of parking in violation of this section, specifying the location of the fire lane in which such violation occurred and the date and time of such violation, Page 3 may be issued by any person employed by or on behalf of an owner or lessee of the property upon which a fire lane has been established hereunder who holds a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies pursuant to Article 4413(29bb), V.T.C.S., or by the fire marshal of the City or any member of the City of Pearland Police Department otherwise empowered to issue tickets for parking violations. (b) Penalty - An offense under this Article is punishable by a fine of not less than Twenty -Five Dollars. ($25.00) or more than Two Hundred • Dollars ($200.00) for each offense. II. If any section, paragraph, clause, or sentence shall be declared void or unenforceable or unconstitutional, it is hereby declared the intention of the City Council of the City of Pearland, Texas, that the remainder of such ordinance shall remain in full force and effect. III It is the intention of the City Council, and it is hereby ordained, that the provisions of this Ordinance shall be made part of the Code of Ordinances, City of Pearland, Texas, and the sections of this Ordinance may be renumbered to accomplish such intention. IV. This Ordinance shall be effective and in full force on the tenth` day after its publication in the official newspaper of the City of Pearland, Texas. PASSED and APPROVED ON FIRST READING this 4.4 day of Apr, A.D. 1982. - Attest: City Secretar Jan MAYOR, CITY OF PEARLAND, TEXAS Page 4 PASSED and APPROVED ON SECOND and FINAL READING this day of /r�P/ ,A.D. 1982. Attest: APPROVED AS TO FORM: #-City �rney EFFECTIVE DATE: June 29, 1982 /1 MAYOR, CITY OF PEARLAND, TEXAS VOTING RECORD: First Reading: 5/24/82 "aye" - Councilmen Frauenberger, Gray, Mack and Lentz. "no" - None VOTING RECORD: Second Reading: 6/14/82 "aye" —Councilmen Frauenberger, Gray, Mack - and Lentz. -- "no" r None Page 5