CHAPTER 135

FORMERLY

SENATE BILL NO. 21

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21, DELAWARE CODE BY ADDING A NEW CHAPTER 70 RELATING TO STOPPING, STANDING OR PARKING IN DESIGNATED FIRE LANES. AND AREAS ESSENTIAL TO FIRE SAFETY AND PROVIDING PENALTIES THEREFOR.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Part IV, Title 21, Delaware Code by adding thereto a new Chapter 70 to read as follows:

"Chapter 70 Fire Lanes

Subchapter 1. General Provisions

§7001. Stopping, Standing or Parking in Fire Lanes; Penalty

(a) No person shall stop, stand, or park a vehicle in any place which has been designated and properly identified as a fire lane pursuant to regulations of the State Fire Marshal, or in an area designated for a fire hydrant or stand pipe connection, except in compliance with the directions of a police officer or traffic control device.

(b) Any person authorized to make arrests for violations of this Chapter is hereby authorized to remove or cause to be removed, and stored at the owner's expense, any unattended vehicle left standing wholly or partially within a fire lane or any unattended vehicle left standing in a location so as to cause an obstruction to the accessibility to a fire lane, fire hydrant, or stand pipe connection.

(c) The State Fire Marshal and his deputies shall be authorized to enforce the provisions of this Chapter. Any fire officer in charge of firemen of a fire company responding to, operating at or returning from a fire, service call or other emergency, shall be authorized to enforce the provisions of this Chapter.

(d) The provisions of this Chapter shall apply upon highways and elsewhere throughout the State.

(e) Anyone violating any of the provisions of this Chapter shall be tined not less than ;10.00 nor more than ;100.00 for the first offense. For each subsequent like offense, he shall be tined not less than ;50.00 nor more than ;200.00 or imprisoned for not more than 30 days or both.

(f) Justice of the Peace Courts shall have jurisdiction of offenses under this section.

§7002. Immunity of Enforcement Officers, Deputies & Employees and Garagemen

No law enforcement officer, fire officer in charge, or his delegate or fire marshal or his deputy, enforcing the provisions of this Chapter and no one who removes a vehicle from a prohibited area as described in this Chapter or stores such a vehicle, having been directed to remove or store such vehicle by a person authorized to enforce the provisions of this Chapter, shall be liable for criminal prosecution for any conduct directly relating to the enforcement of this Chapter or be liable to any person for negligence, resulting in the injury to or loss or destruction of any real or personal property if such negligence arises out of the enforcement of the provisions of this Chapter, provided, however, that such persons

shall be liable for loss or destruction of any real or personal property caused by acts or omissions amounting to gross negligence or willful or wanton misconduct.

§7003. Owner Prima Facie Liable

If any vehicle found by a person authorized to enforce the provisions of this Chapter, to be in violation of any of the provisions of this Chapter is unattended, at the time the violation is discovered, and the identity of the operator is not apparent, the person in whose name such vehicle is registered as owner shall be held prima fade responsible for such violations."

Approved July 12,1979.