[Ord. 181, 1/19/1998, § 1]
The following terms shall have the indicated meanings unless
otherwise expressly provided herein:
Every natural person, corporation, firm, partnership, association
organization, any other group acting as a unit or an executor, administrator,
trustee, receiver or other representative appointed according to law.
Whenever used in any clause prescribing or imposing a penalty or fine,
as to partnerships or associations, the word shall include the partners
or members thereof, and as to corporations, shall include the officer,
agents or members thereof who are responsible for any violation of
such section.
[Ord. 181, 1/19/1998, § 1; as amended by Ord. 286,
10/19/2009, § 3]
The Fire Marshal or the Fire Chief of the Western Berks Fire
Company shall enforce the Code hereby adopted. The Fire Marshal, the
Fire Chief or any of their duly authorized representatives as may
be in charge at the scene of a fire or other emergency involving the
protection of life and property, is empowered to direct such operations
as may be necessary to extinguish or control any suspected or reported
fires, gas leaks or other hazardous conditions or situations or of
taking any other action necessary in the reasonable performance of
their duty. The Fire Marshal, the Fire Chief or any of their duly
authorized representatives may prohibit any person, vehicle or object
from approaching the scene and may remove or cause to be removed from
the scene any person, vehicle or object which may impede or interfere
with the operations of the Fire Department. The Fire Marshal, the
Fire Chief or any of their duly authorized representatives may remove
or cause to be removed any person, vehicle or object from hazardous
areas.
All persons ordered to leave a hazardous area shall do so immediately
and shall not reenter the area until authorized to do so by the Fire
Marshal, the Fire Chief or any of their duly authorized representatives.
[Ord. 181, 1/19/1998, § 1]
It shall be unlawful to interfere with, attempt to interfere
with, conspire to interfere with, obstruct or restrict the mobility
of or block the path of travel of any Fire Department emergency vehicle
in any way, or to interfere with, attempt to interfere with, conspire
to interfere with, obstruct or hamper any Fire Department operation.
[Ord. 181, 1/19/1998, § 1, as amended by Ord. 286,
10/19/2009, § 3]
A person shall not willfully fail or refuse to comply with any
lawful order or direction of the Fire Marshal, the Fire Chief of the
Western Berks Fire Company or any of their duly authorized representatives
or to interfere with the compliance attempts of another individual.
[Ord. 181, 1/19/1998, § 1; as amended by Ord. 286,
10/19/2009, § 3]
A vehicle shall not be driven or propelled over any unprotected
fire hose of the Fire Department when laid down on any street, alleyway,
private drive or any other vehicular roadway without the consent of
the Fire Marshal, the Fire Chief of the Western Berks Fire Company
or any of their duly authorized representatives.
[Ord. 181, 1/19/1998, § 1]
Authorized emergency vehicles shall be restricted to those which
are defined and authorized under the laws of the Commonwealth of Pennsylvania.
[Ord. 181, 1/19/1998, § 1, as amended by Ord. 286,
10/19/2009, § 3]
Upon the approach of any authorized emergency vehicle, giving
audible and visual signal, the operator of every other vehicle shall
immediately drive the same to a position as near as possible and parallel
to the right-hand edge or curb of the street or roadway, clear of
any intersection, and shall stop and remain in such position until
the authorized emergency vehicle or vehicles shall have passed, unless
otherwise directed by a police officer, the Fire Marshal, the Fire
Chief of the Western Berks Fire Company or any of their duly authorized
representatives.
[Ord. 181, 1/19/1998, § 1]
It shall be unlawful for the operator of any vehicle, other
than one on official business, to follow closer than 300 feet from
any fire apparatus traveling in response to a fire alarm or to drive
any vehicle within the block or immediate area where fire apparatus
has stopped in answer to a fire alarm.
[Ord. 181, 1/19/1998, § 1, as amended by Ord. 286,
10/19/2009, § 3]
A person shall not without authorization from the Fire Marshal,
the Fire Chief of the Western Berks Fire Company or any of their duly
authorized representatives cling to, attach himself to, climb upon
or into, board or swing upon any fire department emergency vehicle,
whether the same is in motion or at rest, or sound the siren, horn,
bell or other sound-producing device thereon, or to manipulate or
tamper with, or attempt to manipulate or tamper with any levers, valves,
switches, starting devices, brakes, pumps or any equipment or protective
clothing on, or a part of, any Fire Department emergency vehicle.
[Ord. 181, 1/19/1998, § 1]
It shall be unlawful for any person to damage or deface, or
attempt or conspire to damage or deface, any Fire Department emergency
vehicle at any time or to injure, or attempt or conspire to injure,
Fire Department personnel while performing departmental duties.
[Ord. 181, 1/19/1998, § 1]
The driver of any emergency vehicle, as defined in Section 207
of this Part, shall not sound the siren thereon or have the front
red lights on or disobey any existing traffic regulation, except when
said vehicle is responding to an emergency call or when responding
to, but not upon returning from, a fire. Tactical strategies such
as, but not restricted to, move-ups do not constitute an emergency
call. The driver of an emergency vehicle may:
(a)
Park or stand irrespective of the provisions of existing traffic
regulations;
(b)
Proceed past a red or stop signal or other sign but only after slowing
down as may be necessary for safe operation;
(c)
Exceed the prima facie speed limit so long as the action does not
endanger life or property;
(d)
Disregard regulations governing direction of movement or turning
in specified directions;
(e)
The exemptions herein granted to an emergency vehicle shall apply
only when the driver of any such vehicle while in motion sounds audible
signal by bell, siren or exhaust whistle as may be reasonably necessary,
and when the vehicle is equipped with at least one lighted lamp displaying
a red light visible under normal atmospheric conditions from a distance
of 500 feet to the front of such vehicle.
[Ord. 181, 1/19/1998, § 1, as amended by Ord. 286,
10/19/2009, § 3]
It shall be unlawful to obscure from view, damage, deface, obstruct
or restrict the access to any fire hydrant or any Fire Department
connection for the pressurization of fire suppression systems, including
fire hydrants and fire department connections located on public or
private streets and access lanes or on private property.
If, upon the expiration of the time mentioned in a notice of
violation, obstructions or encroachments are not removed, the Fire
Marshal, the Fire Chief of the Western Berks Fire Company or any of
their duly authorized representatives shall proceed to remove the
same. Costs incurred in the performance of necessary work shall be
paid from the municipal treasury on certificate of the Fire Marshal,
the Fire Chief or any of their duly authorized representatives and
with the approval of the Township Board of Supervisors. The Board
of Supervisors may authorize the Township Solicitor to institute appropriate
action for the recovery of such costs.
[Ord. 181, 1/19/1998, § 1, as amended by Ord. 286,
10/19/2009, § 3]
A person shall not use or operate any fire hydrant intended
for use of the Fire Department for fire suppression purposes unless
such person first secures a permit for such use from the Fire Marshal,
the Chief of the Western Berks Fire Company or any of their duly authorized
representatives and the Board of Supervisors. The Township Supervisors
may authorize the Township Solicitor to institute appropriate action
for the recovery of such costs.
[Ord. 181, 1/19/1998, § 1, as amended by Ord. 286,
10/19/2009, § 3]
The Fire Marshal, the Fire Chief of the Western Berks Fire Company,
the Code Enforcement Officer of the Township or any of their duly
authorized representatives shall recommend to the Board of Supervisors
the location or relocation of new or existing fire hydrants and the
placement or replacement of inadequate water mains located upon public
property and deemed necessary to provide an adequate fire flow and
distribution pattern. A fire hydrant shall not be placed into or removed
from service until approved by the Fire Marshal, the Fire Chief, the
Code Enforcement Officer or any of their duly authorized representatives.
[Ord. 181, 1/19/1998, § 1, as amended by Ord. 286,
10/19/2009, § 3]
All new and existing ship yards, oil storage plants, lumber
yards, amusement or exhibition parks, and educational or institutional
complexes and similar occupancies and uses involving high fire or
life hazards, and which are located more than 150 feet from a public
street or which require quantities of water beyond the capabilities
of the public water distribution system shall be provided with properly
placed fire hydrants. Such fire hydrants shall be capable of supplying
fire flows as required by the Fire Marshal, the Fire Chief of the
Western Berks Fire Company or the Code Enforcement Officer of the
Township and shall be connected to a water system in accordance with
accepted engineering practices. The Fire Marshal, the Fire Chief or
the Code Enforcement Officer shall designate and approve the number
and location of fire hydrants. The Fire Marshal, the Fire Chief or
the Code Enforcement Officer may require the installation of sufficient
fire hose and equipment housed in accordance with the approved rules
and may require the establishment of a trained fire brigade when the
hazard involved requires such measures. Private hydrants shall not
be placed into or removed from service until approved by the Fire
Marshal, the Fire Chief or the Code Enforcement Officer.
[Ord. 181, 1/19/1998, § 1, as amended by Ord. 286,
10/19/2009, § 3]
A person shall not obstruct, remove, tamper with or otherwise
disturb any fire hydrant or fire appliance required to be installed
or maintained under the provisions of the Fire Prevention Code except
for the purpose of extinguishing a fire, training or testing purposes,
recharging or making necessary repairs or when permitted by the Fire
Marshal, the Fire Chief of the Western Berks Fire Company or the Code
Enforcement Officer of the Township. Whenever a fire appliance is
removed as herein permitted, it shall be replaced or reinstalled as
soon as the purpose for which it was removed has been accomplished.
Defective and nonapproved fire appliances or equipment shall be replaced
or repaired as directed by the Fire Marshal, the Fire Chief or the
Code Enforcement Officer.
[Ord. 181, 1/19/1998, § 1, as amended by Ord. 286,
10/19/2009, § 3]
A person shall not sell, trade, loan or give away any form,
type or kind of fire extinguisher which is not approved by the Fire
Marshal or the Fire Chief of the Western Berks Fire Company, or which
is not in proper working order, or the contents of which do not meet
the requirements of the Fire Marshal or the Fire Chief. The requirements
of this section shall not apply to the sale, trade or exchange of
obsolete or damaged equipment for junk when said units are permanently
disfigured or marked with a permanent sign identifying the unit as
junk.
[Ord. 181, 1/19/1998, § 1]
A person or persons shall not erect, construct, place or maintain
any bumps, fences, gates, chains, bars, pipes, wood or metal horses
or any other type of obstruction in or on any street, within the boundaries
of the Township. The word "street", as used in the Part, shall mean
any roadway accessible to the public for vehicular traffic, including,
but not limited to, private streets or access lanes, as well as all
public streets and highways within the boundaries of the Township.
[Ord. 181, 1/19/1998, § 1]
In all matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
commonwealth promulgated by authority of law, such laws or regulations,
as the case may be, shall control where the requirements thereof are
the same as or more limiting than the provisions of this Part. The
Code shall control in all cases where the State requirements are not
as strict as those contained in this Part.
[Ord. 181, 1/19/1998, § 1]
Any person who shall violate any provision of the code hereby
adopted, or who shall fail to comply therewith, or who shall violate
or fail to comply with any order issued thereunder, or who shall build
in violation of any detailed statement of specifications or plans
submitted and approved thereunder, or any certificate or permit issued
thereunder, and from which no appeal shall have been taken, or who
shall fail to comply with such order as affirmed by the Board of Supervisors,
or by a court of competent jurisdiction, within the time fixed therein,
shall severally for each and every such violation and noncompliance,
respectively, be guilty of a violation of the code hereby adopted,
and, upon conviction thereof, be sentenced to pay a fine of not more
than $1,000 and costs of prosecution, and in default of payment, to
imprisonment for not more than 30 days. The imposition of any penalty
for any violation shall not excuse the violation or permit it to continue;
and all such persons shall be required to correct or remedy such violation
or defect within a reasonable time; and when not otherwise specified,
each 10 days that any prohibited condition is maintained shall constitute
a separate offense.
The application of the above penalty shall not be held to prevent
the enforced removal of the prohibited conditions.
[Ord. 181, 1/19/1998, § 1]
The provisions of this Part are severable. If any of its provisions,
terms or clauses are for any reason declared invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect or impair
any of the remaining provisions of this Part. It is hereby declared
to be the intent of the Board of Supervisors of Lower Heidelberg Township
that this Part would have been adopted had such invalid or unconstitutional
provisions not been included.
[Ord. 181, 1/19/1998, § 1]
All ordinances or parts of ordinances conflicting with the provisions
of this Part are hereby repealed insofar as they are inconsistent
with this Part.
[Ord. 181, 1/19/1998, § 1]
Nothing in this Part or in the Fire Prevention Code hereby adopted
shall be construed to affect any suit or proceedings impending in
any court, or any rights acquired, or liability incurred, or any cause
or causes of action acquired or existing, under any act or ordinance
hereby repealed as cited in Section 222 of this chapter; nor shall
any just or legal right or remedy of any character be lost, impaired
or affected by this Part.
