[HISTORY: Adopted by the Board of Commissioners of the Township of Manheim as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-27-1976 by Ord. No. 1976-12 (Part 10, Ch. 1, Art. B, of the 1976 Code of Ordinances)]
The Commissioners herewith recognize the Eden Fire Company No. 1, the Neffsville Fire Company and the Southern Manheim Township Fire Company as the official organizations responsible for protecting the Township from fires and for fighting fires within the Township.
No person shall place ashes, cinders, dirt, rubbish, building material or any other material of any kind whatsoever around or in close proximity to any fire hydrant in the Township so as to cause hindrance or delay in access thereto or prevent the free use thereof by the fire companies. No person shall, in any way, interfere with or tamper with any fire hydrant or attempt to take water therefrom without special authority from the Fire Chief or the person acting as such.
Without the consent of the Fire Chief or the Assistant Fire Chief, no person not an active member of a fire company shall at any time ride upon any of the fire apparatus of the fire companies, nor shall any person make use of any fire apparatus, hose, or other equipment of a fire company, other than for the purpose for which the same was intended, without the consent of the Fire Chief.
No person, not actually engaged in the extinguishment of a fire or the saving of property endangered thereby, shall enter any building in which a fire is being fought by a fire company, either during or after the fire, without the express consent of the owner or occupant of the building.
No person, except an active member or members of the fire company engaged in fighting a fire, shall at any time enter within the territory in the vicinity of any fire, when the same may be roped off, or access within the limits be denied by the police, or interfere by giving orders to any individual, unless requested so to do by the Fire Chief or the person acting as such.
No person shall, in any way, obstruct or prevent, or attempt to obstruct or prevent, the Fire Chief in the discharge of his duties, by denying or attempting to deny him access to any premises owned or occupied by the persons or by failing or refusing to furnish correct information requested by the Fire Chief in the investigation into the cause, origin or circumstances of any fire.
No person shall, in any way, obstruct or prevent, or attempt to obstruct or prevent, the Fire Chief while inspecting any construction, building or premises in the Township to determine the existence of any possible fire hazard, nor shall any person deny access to the premises for inspection thereof.
[Amended 12-12-1994 by Ord. No. 1994-28]
[Amended 7-12-1993 by Ord. No. 1993-16; 12-12-2000 by Ord. No. 2000-20]
The fire companies recognized by Manheim Township are hereby authorized to provide such services to the Township as maybe necessary for the protection of property and persons situate therein, which include, by way of example and not of limitation, the extinguishment and prevention of loss of life and property from fire, automobile accidents, medical emergencies, hazardous materials incidents, and other dangerous situations.
The fire companies may also provide nonemergency and public service functions, such as, again by way of example and not of limitation, removing water from property after storms, and assisting in the removal, abatement and prevention of damage or injury to persons or property, whether through natural causes or man-made situations.
The fire companies may also conduct and participate in such training activities and drills, either within or outside of the Township, as may be deemed necessary by the officers of the fire companies to maintain proficiency in providing service.
The fire companies may also respond to calls and provide services to municipalities outside of the Township.
The fire companies may recover the cost of equipment necessarily damaged or destroyed and the cost of fire-extinguishing agents used or consumed in the course of fighting fires or in the performance of their authorized duties from the persons, corporations or other entities for whom the fire company performed its services.
[Added 7-12-1993 by Ord. No. 1993-16]
In addition to actually participating in the activities of the fire companies as authorized above, or in going to or returning from any activity, the members of the fire companies recognized by the Township are also authorized to do the following things:
Engage in any type of drill, training, ceremony, practice, test or parade when duly called for or authorized by an officer or officers of the fire companies.
Engage in fund-raising activities for the fire companies, when authorized by an officer or officers of the fire companies, such as holding or participating in festivals or carnivals or such other lawful fund-raising activities as are appropriate for volunteer fire companies and their members, provided that all funds so raised shall be used solely for the benefit of the volunteer fire companies.
Engage in the performance of such other duties or activities as are appropriate for volunteer fire companies and their members and which have been duly authorized by an officer or officers of the fire companies.
[Adopted 2-10-1986 by Ord. No. 1986-2 (Part 10, Ch. 1, Art. C, of the 1976 Code of Ordinances)]
The fire control measures and regulations as set forth in this article are hereby adopted for the purposes of controlling conditions which could impede or interfere with fire-suppression forces.
Words and phrases used in this article shall have the meanings ascribed in the Fire Prevention Code of the Township.
The Fire Official or duly authorized representative, as may be in charge at the scene of a fire or other emergency involving the protection of life and/or 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 Official 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 operation of the Fire Department. The Fire Official 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 Official.
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, conspire to interfere with, obstruct or hamper any Fire Department operation.
A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Official or to interfere with the compliance attempts of another individual.
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 Official in command of said operation.
Authorized emergency vehicles shall be restricted to those which are defined and authorized under the laws of the commonwealth.
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 the Fire Official or a police officer.
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.
A person shall not, without proper authorization from the Fire Official in charge of said Fire Department emergency equipment, 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 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.
It shall be unlawful for any person to damage or deface any Fire Department emergency vehicle at any time or to injure or attempt to injure or conspire to injure Fire Department personnel while performing departmental duties.
The driver of any emergency vehicle, as defined in § 259-15, 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:
Park or stand irrespective of the provision of existing traffic regulations;
Proceed past a red or stop signal or other sign, but only after slowing down as may be necessary for safe operation;
Exceed the prima facie speed limit so long as the action does not endanger life or property;
Disregard regulations governing direction of movement or turning in specified directions.
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.
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 that are 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 Official shall proceed to remove the same. Cost incurred in the performance of necessary work shall be paid from the funds of the Township on certificate of the Fire Official and with the approval of the Township, and the Township shall institute appropriate action for the recovery of such costs.
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 Official and the water company having jurisdiction. This section shall not apply to the use of such hydrants by a person employed by, and authorized to make such use by, the water company having jurisdiction.
The Fire Official shall recommend to the Manager-Secretary of the Township 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 Official.
All new and existing shipyards, oil storage plants, lumberyards, 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 Official and shall be connected to a water system in accordance with accepted engineering practices. The Fire Official shall designate and approve the number and location of fire hydrants. The Fire Official 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 Official.
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 fire, training or testing purposes, recharging or making necessary repairs, or when permitted by the Fire Official. 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 Official.
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 Official, or which is not in proper working order, or the contents of which do not meet the requirements of the Fire Official. 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.
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 this article, means 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.
To the extent that any of the provisions of this article are in conflict with other ordinances or parts of ordinances of the Township, then, as to the subject matter of this article, this article shall prevail.
[Added 12-12-1994 by Ord. No. 1994-28]
Any person who violates any provision of this article shall, for every such violation, be subject to a fine or penalty of not less than $50 nor more than $1,000, and costs, and, in default of payment of fine or penalty and costs, to imprisonment for not more than 30 days, provided the penalty above prescribed in this section shall not apply to any situation where the act of violation can be prosecuted under the Vehicle Code or other statute of the Commonwealth of Pennsylvania, or any state regulation promulgated or adopted by authority of any statute of the Commonwealth of Pennsylvania.
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Added 2-10-1986 by Res. No. 1986-16]
The respective Fire Chiefs of Eden Fire Company No. 1, Neffsville Fire Company No. 1, and Southern Manheim Township Fire Company, or their duly appointed and authorized representatives, are hereby appointed, pursuant to this article, to act as the Fire Official to be in charge at the scenes of fire or other emergencies which occur within the specific geographical areas of the Township where each of their respective volunteer fire companies provide fire-fighting service.
The appointment and authority of such respective Fire Chiefs as Fire Officials shall be limited solely to the purposes and requirements of the Fire Official as set forth in this article, and such Fire Chiefs are not otherwise appointed and shall have no authority as the Fire Official provided for in the Fire Prevention Code of the Township or the remaining sections of this article.