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Home My WebLink AboutPO 6182: AMENDING FIRE PREVENTION CODE PORT ARTHUR FIRE DEPARTMENT MEMORANDUM TO: Stephen Fitzgibbons, City Manager FROM: Larry Richard, Fire Chief Mark Mulliner, Fire Marshal DATE: October 27, 2011 SUBJECT: Proposed Ordinance No. 6182 RECOMMENDATION The Fire Department recommends that the City Council approve Proposed Ordinance No. 6182 amending Section 503.3 of Chapter 5 of the 2009 International Fire Code. BACKGROUND The City of Port Arthur currently operates under the 2009 International Fire Code. We have recently learned that the citations being issued for fire lane violations where there is not a driver of the vehicle present at the time and place of the offense, the charges were being dismissed. The City Prosecutor has provided information that the reason this is occurring is because there is no `Presumption' section within our fire code to allow for the vehicle registered owner to be responsible for the violation. Handicap parking violations are enforceable without the driver being present because an existing `Presumption' section in the transportation code. This proposed ordinance will address amending the following section to allow the Municipal Court to charge the responsible party for fire lane violations where there is no driver present. (D) Section 503.3 of Chapter 5, FIRE SERVICE FEATURES SUMMARY The Fire Department recommends that the City Council approve Proposed Ordinance 6182 amending the 2009 International Fire Code. "Remember, we are here to serve the citizens of Port Arthur" • Chapter 38 FIRE PREVENTION AND PROTECTION Article 11, Standards "Section 38 -32. Amendments to the International Fire Code. The International Fire Code, 2009 Edition, including Appendix Chapters, hereinafter referred to as "Fire Prevention Code ", Published by the International Code Council, Inc., adopted by City Ordinance No. 11 -12, is hereby altered, changed and amended as follows: (C) Section 503.3 of Chapter 5, FIRE SERVICE FEATURES, of the Fire Prevention Code, and excluding Appendix D, Section 103.6, is hereby amended to read by adding a new subsection 503.3.2, as follows: 503.3 Marking. Where required by the fire official, fire lanes shall be clearly marked on the surface with an exterior red paint forming a perimeter line at least six (6) inches wide with printed legends, 'FIRE LANE — TOW AWAY ZONE' in not less four (4) inch height letters of two (2) inch strokes, white in color and of the same type paint; provided, however, that where the fire lane is adjacent to a curb of four (4) inch height in lieu of the foregoing legend, said curb shall be painted red with exterior paint and the legends painted on the curb in white exterior paint with three (3) inch letter, and clearly legible. Such legends shall be no more than fifty (50) feet apart. In addition, metal signs on posts shall be posted bearing the aforementioned legend and near such fire lane as deemed necessary by the Chief of the Bureau of Fire Prevention. 503.3.1 Responsibility. The owner or person responsible for the structure(s) being protected shall keep the fire lane clearly marked and /or signed at all times, provided, however, that where said fire lane is to be upon a public street, the owner or person responsible shall not mark or designate such area, but shall make application to the City for such designation and marking. The owner or his representative of a building protected by the fire lane shall be responsible for keeping the fire lane free of obstructions. "503.3.2 Parking Presumption. A person commits an offense where a vehicle in violation of Section 504 Obstruction of Fire Apparatus Access Roads, of the International Fire Code, is found to be an unattended parked motor vehicle on a public street or private facility where the fire lane has been designated: (1) it is presumed that the registered owner of the vehicle is the person who drove and parked the motor vehicle at the time and place the offense occurred; and (2) the Texas Department of Transportation's computer - generated record of the registered vehicle owner is prima facie evidence of the contents of the record. Exception: It shall be an affirmative defense that the registered owner of the vehicle provides the Municipal Court with the accurate and sufficient 2 P. O. No. 6182 10/28/11 mm ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38 (FIRE PREVENTION AND PROTECTION) OF THE CODE OF ORDINANCES BY ADDING SUBSECTION 503.3.2 TO SECTION (D) SECTION 503.3 OF CHAPTER 5, FIRE SERVICE FEATURES, PERTAINING TO VIOLATION OF REQUIREMENTS OF THIS CODE BY INDIVIDUALS LEAVING A VEHICLE UNATTENDED WITHIN DESIGNATED FIRE LANES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATIONS BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS, AS PROVIDED IN SECTION 5 OF THIS CODE OR AS MAY BE OTHERWISE IMPOSED BY STATE LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION. WHEREAS, Section 217.042(a) of the Local Government Code allows the City to define and prohibit any nuisance within the limits of the municipality and within 5,000 feet outside the municipality; and WHEREAS, Chapter 34 of the City Code defines nuisances in the city; and WHEREAS, Section 217.042(b) of the Local Government Code allows the City to enforce all ordinances necessary to prevent and summarily abate and remove a nuisance; and WHEREAS, the following amendments to the fire code are necessary to prevent and summarily abate a nuisance; and WHEREAS, these amendments to the fire code may be enforced in the City, as well as within 5,000 feet of its corporate limits. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That Chapter 38, Section 38.32, International Fire Code Adopted, Subsection (C) 503.3 of Chapter 5, Fire Service Feature, is hereby amended by adding 503.3.2 Parking Presumption to read as follows: 1 identification of the individual who was the driver of the motor vehicle at the time and place that the offence occurred." Section 2. That said provisions are to be inserted in the affected Code of Ordinances in the sequence required by their designation. Section 3. That if any portion of this Ordinance is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such holding shall not affect the validity of the remaining portions hereof. Section 4. That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed, but only to the extent of the conflict. Section 5. That any person who violates any provision of this Ordinance shall be guilty of a misdemeanor as provided in Section 1— 13, and each day the violation is permitted to exist shall constitute a separate offense; a violation of a provision of this Ordinance governing fire safety, zoning, or public health and sanitation, including dumping of refuse, shall be punished by a fine not less than two hundred ($200.00) dollars, nor more than two thousand ($2,000.00); provided, however, said fine shall not exceed the maximum fine authorized by state law. Section 6. That this Ordinance or its caption and penalty shall be published at least one (1) time within ten (10) days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after the date of such publication. Section 7. That a copy of the caption of this Ordinance shall be spread upon the minutes of the City Council. 3 READ, ADOPTED AND APPROVED this the day of , A.D., 2011 at a regular meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR: COUNCILMEMBERS: NOES: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: IpP 9 RNE . )� o-,2 6 �y ey / APPROVED FOR ADMINISTRATION: CITY MANAGER FIRE CHIEF 4