[HISTORY: Adopted by the Board of Commissioners of the Township
of Shaler 5-14-2019 by Ord. No.
1951. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Lanes — See Ch. 123
This chapter shall be known and designated as the "Fire Hydrant
Obstruction Ordinance of the Township of Shaler."
Posts, fences, vehicles, certain plants, trees, growth, trash,
landscaping materials, rock materials, storage and other materials,
structures or objects shall not be placed or kept near fire hydrants,
fire department inlet connections or fire protection system control
valves (collectively referred to as "fire hydrants" or "fire protection
equipment") in a manner that would prevent fire hydrants or other
fire protection equipment from being immediately discernible or readily
accessible. The Fire Department shall not be deterred nor hindered
from gaining immediate and safe access to any such fire hydrants or
other fire protection equipment.
A three-foot clear space shall be maintained around the circumference
of fire hydrants and other fire protection equipment except as otherwise
required or approved by the Commissioners upon the recommendation
of the Chief of Police and/or Fire Marshal. No grass, plants or other
objects within this three-foot radius shall exceed six inches in height.
No loose rocks or any other objects which may pose a tripping hazard
shall be permitted within the foregoing radius. In conjunction with
the three-foot radius, all fire hydrants and other fire protection
equipment must have an unimpeded view range of at least two feet to
each side along the roadway.
Any person violating any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000,
plus costs, and, in default of payment of said fine and costs, to
a term of imprisonment not to exceed 30 days. Each violation of any
provision of this chapter shall constitute a separate offense. In
addition, in any civil enforcement action brought by the Township
to collect unpaid fines or penalties imposed pursuant to this chapter,
the Township shall also be entitled to collect all costs, expenses,
and attorneys fees associated with such action.
In addition to any other penalties and remedies provided herein
or otherwise available under law, upon the failure of the owner or
person in charge of or in possession of the property to remove any
offending obstruction in violation of this chapter after receiving
a notice of violation, any duly authorized employee or contractor
of the Township, water authority, water company, or other entity having
jurisdiction or control over the fire hydrant or the premises upon
which the fire hydrant is located may, without further notice to the
owner or persons in charge or possession of such property, enter upon
the premises and cause the removal of all offending obstructions to
the fire hydrant or other fire protection equipment. The costs of
any such action to remove the offending obstruction shall be charged
against the owner(s) or other person(s) in charge of said premises
and shall also be charged against the real estate upon which the fire
hydrant and the offending obstructions are located and shall be a
lien upon such real estate.
Nothing in this chapter shall be interpreted as limiting in
any manner the right of the Township, water authority, water company,
or any other entity having jurisdiction or control over any fire hydrant
to entering upon any right-of-way, easement or other premises upon
which any fire hydrant or other fire protection equipment is located
to cause the removal of any and all obstructions or other objects
or structure whose presence is inconsistent with the right to gain
unfettered access to and to maintain such fire hydrant or other fire
protection equipment and/or appurtenant rights-of-way, easements or
other premises upon which such fire protection equipment is located.
Nor shall any person be entitled to the return of, or to any compensation
for, any offending obstructions removed or for any damages caused
to any such obstructions or to the premises by or as a result of the
entry and removal of such obstructions.
In the event that any section or sections of this chapter, or
parts of the same, shall be declared to be invalid by any court of
competent authority, the remaining provisions of this chapter shall
continue in full force and effect notwithstanding.
Any other ordinance or part(s) of any ordinance(s) which conflicts
with the terms and provisions of this chapter are hereby repealed
insofar as the same affects this chapter.
This chapter shall take effect immediately as provided under
law.
