[HISTORY: Adopted by the Board of Supervisors
of the Township of North Codorus as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-2-1980 by Ord. No. 59]
The short title of this chapter shall be "North
Codorus Township Fire-Fighting Control Ordinance."
No person, partnership, corporation or organization
shall interfere with or participate in any way in fire-fighting activities
in North Codorus Township or respond to any alarm of fire in North
Codorus Township unless such person, partnership or organization is
requested to so participate or respond by the North Codorus Township
Fire Chief or his duly appointed assistants.
[Added 6-18-2019 by Ord.
No. 275-05-2019[1]]
A.
Intent. It is the intent of the Board of Supervisors of North Codorus
Township to protect the health, safety and welfare of the general
public through limiting the use of fireworks. Fireworks by nature
contain incendiary or explosive combustible materials which present
unique fire hazards and can damage property and endanger human life.
This section regulates the use of fireworks by the general public
but allows for public displays of display fireworks by professional,
competent pyrotechnicians in a safe manner.
B.
BARN
CONSUMER FIREWORKS
DISPLAY FIREWORKS
OCCUPIED STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any building or permanent structure for the purpose of housing
and/or feeding livestock, or storing hay, straw, or grains for feeding
and/or bedding livestock.
Any firework or explosive device that falls within the meaning
of the term "consumer fireworks" as defined in 72 P.S. § 9401
(Definitions), and any subsequent amendments thereto.
Any firework or explosive device that falls within the meaning
of the term "display fireworks" as defined in 72 P.S. § 9401
(Definitions), and any subsequent amendments thereto.
A structure, vehicle or place adapted For:
C.
Restrictions on all fireworks. No fireworks use, whether consumer
fireworks or other types of fireworks, shall be permitted within the
Township unless the following regulations and restrictions, which
are hereby established, are strictly adhered to:
(1)
All fireworks use, whether consumer fireworks or other types of fireworks,
shall be restricted to between the hours of 6:00 a.m. and 11:00 p.m.
(2)
The use of fireworks, whether consumer fireworks or other types of
fireworks, shall be strictly prohibited at any location within 300
feet of any occupied structure.
(3)
The use of fireworks, whether consumer fireworks or other types of
fireworks, shall be strictly prohibited at any location within 300
feet of a bam or livestock.
(4)
The use of fireworks, whether consumer fireworks or other types of
fireworks, shall be strictly prohibited within any building or vehicle,
and no fireworks shall be thrown out of any building or thrown at
any vehicle.
(5)
The use of fireworks, whether consumer fireworks or other types of
fireworks, shall be strictly prohibited while the user is under the
influence of alcohol, a controlled substance, or another drug.
(6)
The use of fireworks, whether consumer fireworks or other types of
fireworks, shall be strictly prohibited for any person who is not
at least 18 years of age and meets the requirements of state law for
purchasing said fireworks.
(7)
The use of fireworks, whether consumer fireworks or other types of
fireworks, shall be strictly prohibited on any streets, sidewalks,
alleys, or public grounds within the Township. Notwithstanding the
foregoing prohibition, display fireworks may be permitted on public
property within the Township upon application to and permission from
the Township, together with a bond as required by state law.
(8)
The use of fireworks, whether consumer fireworks or other types of
fireworks, shall be strictly prohibited on any private property within
the Township without the express permission of the owner of the property.
(9)
The use of fireworks, whether consumer fireworks or other types of
fireworks, shall be strictly prohibited within 150 feet of pasture
land used for the purpose of grazing livestock or other cropland that
may be susceptible to igniting.
Nothing contained in this chapter shall be construed
to prevent or discourage any individual person or industrial fire
brigade from engaging in fire prevention or in emergency fire fighting
prior to the arrival of the North Codorus Township Fire Chief or his
duly appointed assistants at the scene of a fire.
[Amended 3-15-1989 by Ord. No. 108-3-89]
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a District Justice 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 costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
[Adopted 1-3-2022 by Ord. No. 283-01-2022]
This article shall be known as the "The North Codorus Township
Fire Insurance Escrow Act of 2022."
North Codorus Township ("Township") hereby authorizes the procedures
set forth in Act 93 of 1994, Act of October 13, 1994, P.L. 609, 40
P.S. § 638 ("Act").
The purpose and intent of this article is to comply with the
requirements of Act 93 of 1994, Act of October 13, 1994, P.L. 609,
40 P.S. § 638, relating to fire damage to buildings or structures
located within the Township which are at the time of such fire damage
insured by an insurance company, association or exchange doing business
in the Commonwealth of Pennsylvania.
A.
In the event of fire damage to a building or structure within the
Township, the Township Treasurer shall, upon written request of the
named insured, which written request shall specify the tax description
of the property, the name and address of the insurance company, association
or exchange, and the date of the receipt of a loss report of a claim,
furnish the identified insurance company, within 14 working days of
the request, the following:
(1)
A certificate or, at the discretion of the Township, a verbal notification,
that, as of the date specified in the request, there are no delinquent
taxes, assessments, penalties or user charges against the identified
property, and that, as of the date of the Treasurer's certificate
or verbal notification, neither the Township nor any other municipality
to the knowledge of the Treasurer, has certified any amount as total
costs incurred by the Township or other municipality for the removal,
repair or securing of a building or other structure on the property.
(2)
A certificate and bill showing the amount of delinquent taxes, assessments,
penalties and user charges against the property as of the date specified
and the requests that have not been paid as of the date of the certificate,
and also showing, as of the date of the Treasurer's certificate,
the amount of the total costs, if any, certified to the Treasurer
that have been incurred by the Township or any other municipality
known to the Treasurer, for the removal, repair or securing of a building
or other structure on the property. For purposes of this subsection,
the Township shall certify to the Treasurer the total amount, if any,
of such costs.
(3)
A tax, assessment, penalty or user charge becomes delinquent for
purposes of this section at the time and on the date a lien could
otherwise have been filed against the property by the Township under
applicable law.
(4)
Upon receipt of a certificate and bill pursuant to Subsection A(2) of this section, the insurance company, association or exchange shall return the bill to the Township Treasurer and transfer to the Treasurer an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill. The Township shall receive the amount and apply or credit it to payment of the items shown in the bill.
(5)
When the loss as determined by agreement between the insured and
the insurance company, association or exchange equals or exceeds 60%
of the aggregate limits of liability on all fire policies covering
the structure, the insurance company, association or exchange shall
transfer from the insurance proceeds to the Treasurer of the Township
in the aggregate $2,000 for each $15,000 and each fraction of that
amount of a claim, or, if at the time of a loss report the named insured
has submitted a contractor's signed estimate of the costs of
removing, repairing or securing the building or other structure in
an amount less than the amount calculated under the foregoing transfer
formula, the insurance company, association or exchange shall transfer
from the insurance proceeds the amount specified in the estimate.
In the event that the named insured submits a contractor's signed
estimate of the costs of removing, repairing or securing the building
or other structure after the transfer authorized in this subsection,
then the Township treasurer shall return the amount of the fund in
excess of the estimate to the named insured if the Township has not
commenced to remove, repair or secure the building or other structure.
A.
The following rules shall apply:
(1)
Upon receipt of proceeds by the Township as authorized by this article, the Township Treasurer shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the Township. When transferring the funds as required in § 98-9A(5) of this article, an insurance company, association or exchange shall provide the Township with the name and address of the named insured, whereupon the Township shall contact the named insured, certify that the proceeds have been received by the Township, and notify the named insured that the procedures under this section shall be followed.
(2)
The fund shall be returned to the named insured when repairs, removal or securing of the building or other structure have been completed, and the required proof received by the Township Secretary or Treasurer has not incurred any costs for repairs, removal or securing. If the Township has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund, and, if excess funds remain, the Township shall transfer the remaining funds to the named insured. Nothing in this article shall be construed to limit the ability of the Township to recover any costs for repairs, removal or securing of the building or other structure which exceed the fund provided in § 98-9 of this article.
(3)
Nothing in this article shall be construed to make an insurance company,
association or exchange liable for any amount in excess of the proceeds
payable under its insurance policy, for any other act performed pursuant
to this article, or to make the Township or a public official an insured
under a policy of insurance, or to create an obligation to pay delinquent
property taxes or unpaid removal liens or expenses other than as provided
in this article.
(4)
Any insurance company, association or exchange making payments of
policy proceeds under this article shall have the full benefit of
such payment, including all rights of subrogation and of assignment.
An exact copy of this article shall be filed with the Governor's
Center for Local Government Services, which is the designated successor
to the Department of Community Affairs, which was the designated recipient
in the Act, but which Department has been abolished.
