XIV. County of Hanover. Board Meeting: July 27, 2016

Transcription

1 XIV. Agenda Item County of Hanover Board Meeting: July 27, 2016 Subject: Summary of Agenda Item: Public Hearing Ordinance 16-08, and Amendment of the Hanover County Code relating to the appointment of the Chief Fire Marshal, duties, fire lanes and fire hydrants. An ordinance to amend the Hanover County Code by amending section 9-18 appointment to provide that the Fire Marshal is the Chief Fire Official, and section 9-20 authority of duties, to require completion of a Fire Marshal course for certain fire officials before exercising police powers. An ordinance amending section parking in certain fire lanes to include fire lanes designated in public streets, private streets or on access roadways, and to exempt emergency vehicles and Hanover County Public Schools transportation vehicles from compliance. An ordinance amending Chapter 15, motor vehicles and traffic, to add section , blocking hydrants and connections to prohibit damage, defacement, obstruction from view and obstruction or restriction of access to any fire hydrant or fire department connection and to prohibit parking of vehicles within fifteen (15) feet of a fire hydrant. At times language in existing ordinances has made enforcement more difficult. These proposed changes will provide greater clarity. County Administrator s Recommended Board Motion: Motion to adopt Ordinance 16-08, and Amendment of the Hanover County Code relating to the appointment of the Chief Fire Marshal, duties, fire lanes and fire hydrants.

2 PUBLIC HEARING NOTICE HANOVER COUNTY BOARD OF SUPERVISORS The Hanover County Board of Supervisors will hold a public hearing on Wednesday, July 27, 2016 at 7:00 p.m. in the Board meeting room at the Hanover County Administration Building, 7516 County Complex Road, at Hanover Courthouse, Hanover, Virginia, on the following ordinances being proposed for adoption: ORDINANCE NO AN ORDINANCE AMENDING SECTION 9-18 OF THE HANOVER COUNTY CODE, APPOINTMENT, TO PROVIDE THAT THE FIRE MARSHAL IS THE CHIEF FIRE OFFICIAL, AND SECTION 9-20 OF THE HANOVER COUNTY CODE, AUTHORITY AND DUTIES, TO REQUIRE COMPLETION OF A FIRE MARSHAL COURSE BY CERTAIN FIRE OFFICIALS BEFORE EXERCISING POLICE POWERS. ORDINANCE NO AN ORDINANCE AMENDING SECTION OF THE HANOVER COUNTY CODE, PARKING IN CERTAIN FIRE LANES, TO INCLUDE FIRE LANES DESIGNATED IN PUBLIC STREETS, PRIVATE STREETS OR ON ACCESS ROADWAYS, AND TO EXEMPT EMERGENCY VEHICLES AND HANOVER COUNTY PUBLIC SCHOOLS TRANSPORTATION VEHICLES FROM COMPLIANCE. ORDINANCE NO AN ORDINANCE AMENDING THE HANOVER COUNTY CODE, CHAPTER 15, MOTOR VEHICLES AND TRAFFIC, TO ADD SECTION , BLOCKING HYDRANTS AND CONNECTIONS, TO PROHIBIT DAMAGE, DEFACEMENT, OBSTRUCTION FROM VIEW AND OBSTRUCTION OR RESTRICTION OF ACCESS TO ANY FIRE HYDRANT OR FIRE DEPARTMENT CONNECTION AND TO PROHIBIT PARKING OF VEHICLES WITHIN FIFTEEN FEET OF A FIRE HYDRANT, AND TO AMEND SECTION 15-44, WAIVER AND VOLUNTARY PAYMENT OF FINE; CONTEST OF CITATION, TO PERMIT WAIVER AND VOLUNTARY PAYMENT OF FINES FOR VIOLATIONS OF SECTION A complete copy of the proposed ordinances and related information is available at the office of the County Administrator any regular working day between 8:30 a.m. and 5:00 p.m. All persons wishing to comment on the proposal may appear at the stated time and place. Publish: July 14, 2016 and July 21, 2016 Cecil R. Harris, Jr., County Administrator

3 ORDINANCE NO AN ORDINANCE AMENDING SECTION 9-18 OF THE HANOVER COUNTY CODE, APPOINTMENT, TO PROVIDE THAT THE FIRE MARSHAL IS THE CHIEF FIRE OFFICIAL, AND SECTION 9-20 OF THE HANOVER COUNTY CODE, AUTHORITY AND DUTIES, TO REQUIRE COMPLETION OF A FIRE MARSHAL COURSE BY CERTAIN FIRE OFFICIALS BEFORE EXERCISING POLICE POWERS. WHEREAS Virginia Code authorizes a local governing body to adopt an ordinance in relation to the powers and duties of its fire department, and chiefs and other officers; WHEREAS Virginia Code provides for the appointment of a fire marshal by the local governing body; WHEREAS Virginia Statewide Fire Prevention Code provides for the selection of a fire official by a local governing body; WHEREAS Chapter 3 of Title 27 of the Code of Virginia establishes the authority and duties of fire marshals; and WHEREAS Virginia Statewide Fire Prevention Code 106 establishes the duties and powers of a fire official; that: NOW, THEREFORE, BE IT ORDAINED by the Hanover County Board of Supervisors 1. Section 9-18 of the Hanover County Code, Appointment, shall be amended to read in its entirety as follows: Sec Appointment There shall be a fire marshal appointed by the chief, subject to confirmation by the board of supervisors. The chief and the fire marshal shall be the county fire officials and shall have all the powers and duties set out in Title 27, Chapter 3 of the Code of Virginia pertaining to local fire marshals, including those powers and duties set out in the Statewide Fire Prevention Code. The fire chief and the deputies and assistants of the fire marshal shall also have those powers and duties, in the absence of the fire marshal and as otherwise directed by the fire marshal, and the term fire marshal when used in this division shall include deputies and assistants of the fire marshal. 2. Section 9-20 of the Hanover County Code, Authority and Duties, shall be amended to read in its entirety as follows: 1

4 Sec Authority and duties. (a) The fire marshal shall have the authority and duties set out in the Virginia Code Title 27, Chapter 3 of the Code of Virginia and in the Statewide Fire Prevention Code, including the power to arrest, to procure and serve warrants of arrest and to issue summons in the manner authorized by general law, for violation of fire prevention and fire safety laws and related ordinances. The fire marshal shall have the same police powers as a sheriff, police officer or law enforcement officer and the fire marshal, deputies, and assistants shall be responsible for investigation and prosecution of all offenses occurring within the county, including the Town of Ashland, involving hazardous materials, fires, fire bombings, bombings, attempts or threats to commit such offenses, false alarms related to such offenses, possession and manufacture of explosive devices, substances and fire bombs. (b) The police powers granted in this section shall only be exercised by the fire chief, fire marshal and the deputies and assistants of the fire marshal following satisfactory completion of a course for fire marshals with police powers, designed by the Virginia Department of Fire Programs in cooperation with the Virginia Department of Criminal Justice Services and approved by the Virginia Fire Services Board. 3. This ordinance shall be effective on the date of adoption. 2

5 ORDINANCE NO AN ORDINANCE AMENDING SECTION OF THE HANOVER COUNTY CODE, PARKING IN CERTAIN FIRE LANES, TO INCLUDE FIRE LANES DESIGNATED IN PUBLIC STREETS, PRIVATE STREETS OR ON ACCESS ROADWAYS, AND TO EXEMPT EMERGENCY VEHICLES AND HANOVER COUNTY PUBLIC SCHOOLS TRANSPORTATION VEHICLES FROM COMPLIANCE. WHEREAS Virginia Code Section authorizes a local governing body to regulate the parking, stopping and standing of vehicles within the locality and to designate an official of the locality to administer the provisions of such ordinance; WHEREAS Virginia Code authorizes the governing body of a locality to regulate parking on county-owned or leased property; WHEREAS Virginia Code provides that any ordinance regulating parking shall require the local administrative official or officials cause complaints, summons, or warrants to be issued for delinquent parking citations; WHEREAS Virginia Code sets forth conditions precedent to issuance of a summons for violation of a parking ordinance; and WHEREAS Virginia Statewide Fire Prevention Code authorizes fire officials to designate public and private fire lanes as deemed necessary for the efficient and effective operation of fire apparatus; that: NOW, THEREFORE, BE IT ORDAINED by the Hanover County Board of Supervisors 1. Section of the Hanover County Code, Parking in certain fire lanes, shall be amended to read in its entirety as follows: Sec Parking, blocking or obstructing certain fire lanes. (a) (b) (c) It shall be unlawful for any person to block, obstruct or park a vehicle within any fire lane designated by the county fire marshal and marked as such, on any parking lot open to the public designated to accommodate fifty (50) or more vehicles, public street, private street or access roadway designed to allow access for emergency vehicles. A violation of this section shall be punishable by a fine of one hundred fifty dollars ($150.00). Any person receiving a citation for violation of this section may waive his right to trial upon voluntary payment of one hundred dollars ($100.00) pursuant to section of this article. 1

6 (d) (e) A summons or citation for violation of this section may be issued by authorized personnel of the county sheriff s office or authorized personnel of the county Fire-EMS department. This section shall not apply to emergency vehicles parked while responding to an emergency or other call for service, or to transportation vehicles belonging to Hanover County Public Schools parked on school property for the purpose of loading and unloading students at times designated by Hanover County Public Schools officials. 2. This ordinance shall be effective on the date of adoption. 2

7 ORDINANCE NO AN ORDINANCE AMENDING THE HANOVER COUNTY CODE, CHAPTER 15, MOTOR VEHICLES AND TRAFFIC, TO ADD SECTION , BLOCKING HYDRANTS AND CONNECTIONS, TO PROHIBIT DAMAGE, DEFACEMENT, OBSTRUCTION FROM VIEW AND OBSTRUCTION OR RESTRICTION OF ACCESS TO ANY FIRE HYDRANT OR FIRE DEPARTMENT CONNECTION AND TO PROHIBIT PARKING OF VEHICLES WITHIN FIFTEEN FEET OF A FIRE HYDRANT, AND TO AMEND SECTION 15-44, WAIVER AND VOLUNTARY PAYMENT OF FINE; CONTEST OF CITATION, TO PERMIT WAIVER AND VOLUNTARY PAYMENT OF FINES FOR VIOLATIONS OF SECTION WHEREAS Virginia Code authorizes a local governing body to regulate parking, stopping and standing of vehicles within the locality, including any vehicle blocking access to and preventing use of fire hydrants; WHEREAS Virginia Code authorizes the governing body of any county to prohibit parking within fifteen feet of any fire hydrant or in any way obstructing a fire hydrant on county-owned or leased property; WHEREAS Virginia Code provides that any ordinance regulating parking shall require the local administrative official or officials to cause complaints, summons, or warrants to be issued for delinquent parking citations; and WHEREAS Virginia Code provides for the uncontested payment of citation penalties for a violation of a county ordinance regulating parking; that: NOW, THEREFORE, BE IT ORDAINED by the Hanover County Board of Supervisors 1. Section of the Hanover County Code, Blocking hydrants and connections, shall be added to Chapter 15, Motor Vehicles and Traffic, and read in its entirety as follows: Sec Blocking hydrants and connections. (a) (b) (c) It shall be unlawful to damage, deface, obscure from view, obstruct or restrict access to any fire hydrant or any fire department connection for the pressurization of fire suppression systems, including fire hydrants and fire department connections on private property. It shall be unlawful for any person to park any vehicle within fifteen (15) feet of a fire hydrant or fire department connection in any direction. A violation of this section shall be punishable by a fine of one hundred fifty dollars ($150.00). 1

8 (d) (e) (f) Any person receiving a citation for violation of this section may waive his right to trial upon voluntary payment of one hundred dollars ($100.00), pursuant to section of this article. A summons or citation for violation of this section may be issued by authorized personnel of the county sheriff s department or authorized personnel of the county Fire-EMS department. This section shall not apply to emergency vehicles, county waterworks personnel, or service contractors using such fire hydrant or fire department connection for the purpose of firefighter training, recharging, maintenance, repair, or for other reasons designated by the Department of Public Utilities. 2. Section of the Hanover County Code, Waiver and voluntary payment of fine; contest of citation, shall be amended and read in its entirety as follows: Sec Waiver and voluntary payment of fine; contest of citation. (a) Any person receiving a citation that he has violated section 15-41, 15-42, or 15-43, or may waive his right to appear and be tried for the offense set forth in the citation. Such waiver shall be effective upon voluntary payment of the amount specified in the citation to the county treasurer s office, within thirty (30) days from the date written on the citation, or upon voluntarily placing the amount specified in the citation in the reply mail envelope on which the citation is printed and mailing it to the county treasurer s office, so that it is postmarked within thirty (30) days from the date written on the citation. Such person shall not thereafter be required to appear before the general district court for trial upon the charge set forth in the citation. Uncontested payment of parking citation penalties shall be collected and accounted for by the county treasurer s office. (b) Any person who wishes to contest the charged violation must appear in person before the Clerk of the Hanover County General District Court within thirty (30) days from the date written on the citation to have his case placed on the court docket for a hearing. The contest by any person of any parking citation shall be certified on an appropriate form to the Hanover County General District Court. 3. This ordinance shall be effective on the date of adoption. 2