[Adopted 9-20-1994 by Ord. No. 755 (Ch. VII, Part 1, of the 1993 Code of Ordinances)]
The following term shall have the indicated meaning unless otherwise expressly provided herein:
PERSON
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 section 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.
[Amended 7-15-1997 by Ord. No. 787]
The Fire Chief shall enforce the code hereby adopted. The Fire Chief or his or her 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 Chief or his or her 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 Chief his or her 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 Chief or his or her duly authorized representatives.
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.
[Amended 7-15-1997 by Ord. No. 787]
A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Chief or his or her duly authorized representatives or to interfere with the compliance attempts of another individual.
[Amended 7-15-1997 by Ord. No. 787]
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 Chief or his or her duly authorized representatives.
[Amended 7-15-1997 by Ord. No. 787]
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 or the Fire Chief or his or her duly authorized representatives.
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.
[Amended 7-15-1997 by Ord. No. 787]
A person shall not, without authorization from the Fire Chief or his or her 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.
The driver of any emergency vehicle, as defined in § 228-7 of this article, 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.
A. 
The driver of an emergency vehicle may:
(1) 
Park or stand irrespective of the provisions of existing traffic regulations;
(2) 
Proceed past a red or stop signal or other sign but only after slowing down as may be necessary for safe operation;
(3) 
Exceed the prima facie speed limit so long as the action does not endanger life or property;
(4) 
Disregard regulations governing direction of movement or turning in specified directions.
B. 
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.
[Amended 7-15-1997 by Ord. No. 787]
A. 
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.
B. 
If, upon the expiration of the time mentioned in a notice of violation, obstructions or encroachments are not removed, the Fire Chief or his or her duly authorized representatives shall proceed to remove the same. Cost incurred in the performance of necessary work shall be paid from the municipal treasury on certificate of the Fire Chief or his or her duly authorized representatives and with the approval of the Borough Secretary. Borough Council may authorize the Borough Solicitor to institute appropriate action for the recovery of such costs.
[Amended 7-15-1997 by Ord. No. 787]
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 Chief or his or her duly authorized representatives and the Borough Manager. Borough Council may authorize the Borough Solicitor to institute appropriate action for the recovery of such costs.
[Amended 7-15-1997 by Ord. No. 787]
The Fire Chief shall recommend to the Borough Manager 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 Chief or his or her duly authorized representatives.
[Amended 7-15-1997 by Ord. No. 787]
All new and existing shipyards, 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 Chief and shall be connected to a water system in accordance with accepted engineering practices. The Fire Chief shall designate and approve the number and location of fire hydrants. The Fire Chief 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 Chief.
[Amended 7-15-1997 by Ord. No. 787]
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 Chief. 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 Chief.
[Amended 7-15-1997 by Ord. No. 787]
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 Chief, or which is not in proper working order, or the contents of which do not meet the requirements of 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.
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 Borough. The word "street," as used in this article, 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 Borough.
A. 
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Berks County.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The application of the above penalty shall not be held to prevent the enforced removal of the prohibited conditions.
Nothing in this article 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; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).