[1]
Prior ordinance history includes portions of Ordinance No.
1303.
[Ord. No. 11-13]
a.
The Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) was enacted
for the purpose of establishing a system for the enforcement of minimum
fire safety standards throughout the State of New Jersey.
b.
The Uniform Fire Safety Act authorizes municipalities to provide
for local enforcement and to establish Local Enforcement Agencies
(LEAs) to accomplish that purpose.
c.
The Mayor and Borough Council hereby determines it is in the best
interest of the Borough to have the Uniform Fire Safety Act enforced
locally.
d.
The Fire Department has agreed to the plan which is set forth herein,
for the administration and enforcement of the Uniform Fire Safety
Code.
[Ord. No. 11-13]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983.c.383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et
seq.) shall be locally enforced in the Borough of Tenafly.
[Ord. No. 11-13]
The Local Enforcement Agency (LEA) shall be the Bureau of Fire
Prevention. The Bureau of Fire Prevention shall hereinafter be known
as the local enforcing agency. Members of the Bureau of Fire Prevention
shall serve with compensation as fixed by salary ordinance.
[Ord. No. 11-13]
In addition to such other functions and duties specified by
ordinance, the Bureau of Fire Prevention shall enforce the Uniform
Fire Safety Act and the codes and regulations adopted under it in
all buildings, structures and premises within the established boundaries
of the Borough of Tenafly, other than owner occupied one- and two-family
dwellings used exclusively for dwelling purposes and buildings, structures,
and premises owned or operated by the Federal Government, interstate
agencies, or the State of New Jersey.
The Bureau of Fire Prevention shall faithfully comply with the
pertinent requirements of the Uniform Fire Safety Act and the Uniform
Fire Code.
[Ord. No. 11-13]
The Bureau of Fire Prevention established pursuant to subsection 11-1.3 shall be a part of the Tenafly Fire Department and be under the direct supervision and control of the Fire Official who shall report to the Borough Administrator.
The Bureau of Fire Prevention shall have at least one paid Fire
Official/Fire Inspector.
[Ord. No. 11-13]
a.
Fire Official.
1.
Appointment. The Fire Official shall be currently certified by the
N.J. Division of Fire Safety and appointed by the Mayor with the advice
and consent of the Borough Council in consultation with the Fire Chief.
2.
Term of Office. The Fire Official shall serve for a term of four
years. Any vacancy shall be filled for the unexpired term.
b.
Inspectors and Other Employees.
1.
Appointment. Such Fire Inspectors and other employees as may be necessary
in the Bureau of Fire Prevention shall be appointed by the Mayor with
the advice and consent of the Borough Council in consultation with
the Fire Official.
2.
Qualifications. All Fire Inspectors shall be currently certified
in Fire Code enforcement by the N.J. Division of Fire Safety.
c.
Appointment of Legal Counsel. The Mayor and Borough Council shall
specifically appoint legal counsel to assist the agency in enforcing
the Uniform Fire Code.
d.
Removal from Office. The Fire Official, Fire Inspectors and any other
employees of the Bureau of Fire Prevention shall be subject to removal
by the Mayor and Borough Council for inefficiency or official misconduct.
The Fire Official, Fire Inspectors or other employees to be so removed
shall be afforded an opportunity to be heard by the Governing Body
or a hearing officer designated by the same.
[Ord. No. 11-13]
The Bureau of Fire Prevention shall carry out the periodic inspections
of life hazard uses as those terms are defined in and are required
by the Fire Safety Act and the Uniform Fire Code on behalf of the
Commissioners of the Department of Community Affairs.
[Ord. No. 11-13]
In addition to the registration required by the Uniform Fire
Code, the Tenafly Fire Prevention Bureau shall carry out periodic
inspections and complaint investigations of all non-life hazard uses,
commercial establishments, multi-family dwellings and other structures,
and apply the regulations of the New Jersey Uniform Fire Code and
this section to the aforementioned facilities.
In addition to the inspection and permit fees established by
the New Jersey Uniform Fire Safety Act and pursuant to the regulations
of the New Jersey Department of Community Affairs and the New Jersey
Division of Fire Safety, the following additional annual local registration
fees for non-life hazard use groups shall be collected for each individual
use and occupancy as described below:
|
Use Group
|
Description
|
Fee
|
|---|---|---|
|
A
|
Assembly/Recreation
| |
|
A-1
|
Assembly occupancy with an occupancy load between
1 and 50 not defined as a life hazard use in the NJ Uniform Fire Code
|
$50
|
|
A-2
|
Assembly occupancy with an occupancy load greater
than 50 and not defined as a life hazard use in the NJ Uniform Fire
Code
|
$80
|
|
A-3
|
House of Worship
|
$50
|
|
B
|
Business/Professional
| |
|
B-1
|
All business use occupancies which do not exceed
2,500 square feet
|
$50
|
|
B-2
|
All business use occupancies which are greater than
2,500 square feet but less than 5,000 square feet
|
$80
|
|
B-3
|
All business use occupancies which are greater than
5,000 square feet but less than 10,000 square feet
|
$100
|
|
B-4
|
All business use occupancies which are greater than
10,000 square feet
|
$125
|
|
F
|
Factory/Manufacturing
| |
|
F-1
|
All factory use occupancies which do not exceed
6,000 square feet
|
$75
|
|
F-2
|
All factory use occupancies which are greater than
6,000 square feet but less than 12,000 square feet
|
$150
|
|
F-3
|
All factory use occupancies which are greater than
12,000 square feet and not defined as a life hazard use in the NJ
Uniform Fire Code
|
$225
|
|
M
|
Mercantile/Retail
| |
|
M-1
|
All mercantile use occupancies which do not exceed
2,000 square feet
|
$50
|
|
M-2
|
All mercantile use occupancies which are greater
than 2,000 square feet but less than 4,000 square feet
|
$80
|
|
M-3
|
All mercantile use occupancies which are greater
than 4,000 square feet but less than 8,000 square feet
|
$100
|
|
M-4
|
All mercantile use occupancies which are greater
than 8,000 square feet but less than 12,000 square feet
|
$150
|
|
R
|
Residential
| |
|
R-2A
|
Residential use occupancies of 3 to 10 dwelling
units
|
$50
|
|
R-2B
|
Residential use occupancies of 11 to 20 dwelling
units
|
$75
|
|
R-2C
|
Residential use occupancies of 21 to 30 dwelling
units
|
$100
|
|
R-2D
|
Residential use occupancies of 31 to 40 dwelling
units
|
$125
|
|
R-2E
|
Residential use occupancies of 41 to 50 dwelling
units
|
$150
|
|
R-2F
|
Residential use occupancies of more than 50 dwelling
units
**Plus $6 for each dwelling unit over 50 dwelling
units
|
$150**
|
|
R-3
|
Residential one- and two-family, non-owner occupied
dwelling units (per unit)
|
$35
|
|
S
|
Storage/Warehouse
| |
|
S-1
|
All storage use occupancies which do not exceed
6,000 square feet
|
$75
|
|
S-2
|
Which are greater than 6,000 square feet but less
than 12,000 square feet
|
$150
|
|
S-3
|
All storage use occupancies which are greater than
12,000 square feet and not defined as a life hazard use in the NJ
Uniform Fire Code
|
$225
|
|
U
|
Miscellaneous Structures/Telecommunication Sites
| |
|
U-1
|
Telecommunication sites
|
$50
|
|
U-2
|
All structures not covered by the aforementioned
use groups
|
$50
|
|
In the discretion of the Fire Official, vacant buildings or
use groups shall be registered and inspected according to the previous
use of the building or structure.
|
[Ord. No. 11-13]
a.
Permits. The permit fees shall be those fees currently established
under the New Jersey Uniform Fire Code, as amended from time to time.
b.
Certificate of Fire Code Status. Upon the request of the owner or
purchaser of a building or structure over which the Fire Official
has jurisdiction and upon obtainment of a fee in the sum of $35, the
Bureau of Fire Prevention shall issue a Certificate of Fire Code Status
either enumerating the violations indicated by its records to be unabated
and the penalties or fees indicated to be unpaid, or stating that
its records indicate that no violations remain unabated and no penalties
or fees remain unpaid at the time of the request.
c.
Fire Report. A fee in the amount of $50 is hereby established for
a Fire Report in order to defray the cost of investigations as to
the cause and origin of afire.
d.
Disposition. All fees collected pursuant to this section shall be
paid into the Borough Treasury and shall thereafter be appropriated
to the Bureau of Fire Prevention for enforcement of the Uniform Fire
Safety Act.
[Ord. No. 11-13]
The Fire Official shall submit a monthly report to the Borough
Administrator. The report shall contain all proceedings under the
Uniform Fire Code, a breakdown of all fees collected thereunder, the
number of inspections performed by each Fire Inspector and such statistics
as the Fire Official may wish to include therein. The Fire Official
shall also recommend any amendments to the Uniform Fire Code or this
section which, in his/her judgment, shall be desirable.
[Ord. No. 11-13; Ord. No. 13-15]
The following articles or sections of the Uniform Fire Code
(N.J.A.C. 5:70) are modified as follows.
a.
Add the following subsection to SECTION 310 SMOKING.
|
310.5.1.
|
Penalty. Persons smoking in an area posted with a conspicuous
"No Smoking" sign may receive a summons immediately without previous
other written or verbal warning and shall be subject to a fine of
not less than $25 but not more than $100 for a summons returnable
in the in the Tenafly Municipal Court. All fees collected pursuant
to this section shall be paid into the Borough Treasury and shall
thereafter be appropriated to the Bureau of Fire Prevention for enforcement
of the Uniform Fire Safety Act.
|
b.
Modify the following subsections of SECTION 503 FIRE APPARATUS ACCESS
ROADS.
|
Subsection 503.1.1.1. shall be replaced with the following.
| |
|
503.1.1.1.
|
Fire lanes or fire zones shall be required for all uses in the
Borough except one- and two-family homes as established by the Fire
Official in consultation with the Chief of the Fire Department, whether
or not the use or occupancy has been the subject of site plan approval
from other appropriate agencies of the Borough.
|
|
Add the following subsection as 503.1.1.2:
| |
|
503.1.1.2.
|
Owners, lessees or invitees permitting the blocking of or blocking
any fire land or fire zone shall be amenable for summons returnable
in the Tenafly Municipal Court, and the Fire Official, and the Police
Department are jointly charged with the responsibility for enforcing
the terms of this section.
|
|
Add the following subsection as 503.3.1:
| |
|
503.3.1.
|
Identification and Responsibility. The marking of fire lanes
or fire zones shall be the responsibility of, and at the expense of
the property owner. Fire lanes shall be marked with a minimum of a
three-inch wide yellow border line and permanently mounted metal sign(s)
where required. The signs shall be a minimum of 18 inches by 12 inches
in dimension with reflective red letters stating: "No Parking Fire
Lane" or "No Parking Fire Zone" on a white background. The sign shall
be posted a minimum of seven feet above grade level facing approaching
traffic. A maximum of 20 feet spacing is permitted between signs.
|
|
Add the following subsection as 503.4.1:
| |
|
503.4.1.
|
Removal of Obstruction. Any obstruction or vehicle may be removed
by the authority having jurisdiction with all expenses incurred being
paid by the owner of that obstruction of vehicle. In the event the
owner of the obstruction or vehicle cannot be determined, the removal
expense shall be borne by the owner of the property in which the obstruction
lies.
|
|
Add the following subsection as 503.4.2:
| |
|
503.4.2.
|
Jurisdiction. The Bureau of Fire Prevention and the Police Department
of the Borough of Tenafly shall have concurrent jurisdiction to enforce
Sections 503.4 and 503.4.1.
|
|
Add the following subsection as 503.4.3:
| |
|
503.4.3.
|
Penalties. Any person, firm or corporation, who shall violate
any of the provisions Section 503.4 Obstructions, shall upon conviction
by a Court of competent jurisdiction, be punished by a fine of not
less than $70 nor exceed $500 or by imprisonment in the County Jail
for a period not to exceed 90 days, or by both such fine and imprisonment.
Each violation of any of the provisions of Section 503.4, and each
day the same is violated shall be deemed and taken to be as a separate
offense at the direction of the Court. All fees collected pursuant
to this article shall be paid into the Borough Treasury and shall
thereafter be appropriated to the Bureau of Fire Prevention for the
enforcement of the Uniform Fire Safety Act.
|
c.
Add the following subsection to Section 505 "PREMISES IDENTIFICATION":
|
505.3.
|
Alarm Indication. All buildings or structures having a fire
alarm, fire detection, fire protection or a fire suppression system,
other than owner occupied one- and two-family dwellings used exclusively
for dwelling purposes, shall have an audible/visible device connected
to the aforementioned systems, installed on the exterior of the building
or structure. The audible/visible device shall be mounted so it is
visible from the street side of the building in a location approved
by the Fire Official.
|
d.
Add the following paragraph to Section 506.1 "WHERE REQUIRED":
|
The following described buildings and structures shall be equipped
with a Key Box in a location set forth by the Fire Official and/or
the Fire Chief.
| ||
|
A)
|
Commercial, industrial or assembly buildings or structures.
| |
|
B)
|
Municipal and government buildings or structures, not exempt
under the provisions of the N.J. Uniform Fire Code.
| |
|
C)
|
Multi-family residential buildings or structures having three
or more units that have restricted access through locked doors to
common corridor(s) for access to the living units, or contain elevators,
utility/fire alarm/fire sprinkler rooms, storage rooms or enclosed
parking garages.
| |
|
D)
|
Owner occupied one- and two-family dwellings shall be exempt
from the requirement.
| |
|
E)
|
Any other building or structure registered as a life hazard
use under the New Jersey Uniform Fire Code.
| |
|
F)
|
Any other building or structure deemed appropriate as determined
by the Fire Official and/or the Fire Chief.
| |
e.
Delete Subsection 506.3 "ADMINISTRATION" and replace it with the
following new Section 506.3:
|
506.3.
|
Key Box Installation Requirements. The Key Box shall be installed
in the immediate vicinity of the main entrance to the building or
structure at a height of six to eight feet above the level of the
entrance. The location and method of installation shall be pre-approved
by the Fire Official and/or the Fire Chief.
| |
|
506.3.1.
|
Alternate Location. With the approval of the Fire Official in
consultation with the Fire Chief, the Key Box may be installed in
the immediate vicinity of the Fire Department Connection to the building
or structure at a height of six to eight feet above the level of the
grade if it cannot be installed at the main entrance or other approved
location.
| |
|
506.3.2.
|
Keys Required. The owner or person in control of the building
or facilities described in Section 506.1 which is required to have
a Key Box shall have in such unit keys to the following areas and
have each key clearly marked:
| |
|
A)
|
All entrance and exit doors.
| |
|
B)
|
The fire sprinkler control room(s) and all controls.
| |
|
C)
|
All mechanical and utility rooms.
| |
|
D)
|
All fire alarm control panel rooms and the fire alarm control
panels.
| |
|
E)
|
All electrical rooms.
| |
|
F)
|
The elevator keys and elevator mechanical room keys, if elevators
are present.
| |
|
G)
|
Any special keys or tools needed to reset the manual pull stations
or other fire protection devices.
| |
|
H)
|
All other rooms as deemed necessary by the Fire Official and/or
the Fire Chief.
| |
|
506.3.3.
|
Access to Buildings. The owner or person in control of any building
described in Section 506.1 that is required to have a rapid entry
Key Box shall be present, themselves or through their agent, during
access to a Key Box by the Fire Department or Fire Prevention Bureau
except when the Fire Department is responding to an emergency at the
property. Any active, non-probationary firefighter acting in his/her
official capacity responding to an emergency and any full-time fire
prevention inspectors of the Borough of Tenafly shall be the only
persons authorized to have access to the Key Boxes which contain the
master keys.
| |
f.
Add the following subsection to SECTION 912 FIRE DEPARTMENT CONNECTIONS:
|
912.4.1.
|
Indicator. All fire department connections serving sprinkler
systems or standpipe systems shall have an illuminated red indicator
light installed above such connections in a location approved by the
Fire Official. Such lights shall be a minimum of a 15 watt bulb and
shall be continuously illuminated.
|
[Ord. No. 11-13]
Pursuant to Section 15 and 17 of the Uniform Fire Safety Act
any person aggrieved by any order of the Fire Official under the Uniform
Fire Code shall have the right to appeal to the Construction Board
of Appeals of the County of Bergen.
[Ord. No. 11-13]
The fees incurred by violations of subsection 4-1.8, False Alarm, shall be paid to the Borough Treasurer and shall thereafter be appropriated to the Bureau of Fire Prevention for enforcement of the Uniform Fire Safety Act.
[Ord. No. 11-13]
There is hereby established a Fire Investigation Squad to consist
of the Chief of the Tenafly Fire Department or his designee, the Fire
Official or his designee, and a member of the Police Department designated
by the Chief of Police. No individual may serve as a member of the
Squad unless they are a certified Fire/Arson Investigator. The Squad
shall investigate, or cause to be investigated, every reported fire
or explosion occurring in the Borough of Tenafly that involves the
loss of life or serious injury or causes destruction or damage to
property. The Squad shall report to the Fire Official, the Fire Chief,
the Police Chief, the Borough Administrator their findings as may
be permitted by law. All such report shall remain confidential as
may be required by law.
[Ord. No. 1303 § 20]
There is hereby adopted by the Borough the fire control measures
and regulations as herein set forth for the purposes of controlling
conditions which could impede or interfere with fire suppression forces.
[Ord. No. 1303 § 20]
The Fire Chief or duly authorized representatives, 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 Chief 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 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.
[Ord. No. 1303 § 20]
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. No. 1303 § 20]
A person shall not willfully fail or refuse to comply with any
lawful order or direction of the Fire Chief or to interfere with the
compliance attempts of another individual.
[Ord. No. 1303 § 20]
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 in command of the operation.
[Ord. No. 1303 § 20]
Authorized emergency vehicles shall be restricted to those which
are defined and authorized under the laws of the State of New Jersey.
[Ord. No. 1303 § 20]
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 the Fire Chief or a Police Officer.
[Ord. No. 1303 § 20]
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. No. 1303 § 20]
A person shall not, without proper authorization from the Fire
Chief in charge of the 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 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. No. 1303 § 20; Ord. No. 04-30]
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 to injure or conspire
to injure Fire Department personnel while they are performing departmental
duties.
[Ord. No. 1303 § 20]
The driver of any emergency vehicle, as defined in subsection 11-2.6, shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulation, except when the 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
an 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. No. 1303 § 20]
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
Chief shall proceed to remove the same. Cost incurred in the performance
of necessary work shall be paid from the Borough Treasury on certificate
of the Fire Chief; and the legal authority of the Borough shall institute
appropriate action for the recovery of such costs.
[Ord. No. 1303 § 20]
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
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.
[Ord. No. 1303 § 20]
The Fire Chief shall recommend to the chief administrative official
of the Borough 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.
[Ord. No. 1303 § 20]
All new and existing shipyards, oil storage plants, lumber yards,
amusement or exhibition parks, 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.
[Ord. No. 1303 § 20]
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 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 non-approved fire
appliances or equipment shall be replaced or repaired as directed
by the Fire Chief.
[Ord. No. 1303 § 20]
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 the units are permanently
disfigured or marked with a permanent sign identifying the unit as
junk.
[Ord. No. 1303 § 20]
A person 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 subsection 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 street and highways within the boundaries of the Borough.
[Ord. No. 1303 § 21]
a.
Except as otherwise specifically provided, any person who shall violate
any of the provisions of this chapter hereby adopted, or fail to comply
therewith, or who shall violate or fail to comply with any order made
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
has been taken, or who shall fail to comply with such an order as
affirmed or modified by the Mayor and Borough Council or by a Court
of competent jurisdiction, within the time fixed herein, shall severally
for each and every such violation and noncompliance respectively,
be guilty of a misdemeanor, punishable by a fine of not less than
$100 nor more than $200 or by imprisonment for not less than 10 days
nor more than 30 days or by both such fine and imprisonment. The imposition
of one 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 violations or defects within a reasonable time, and
when not otherwise specified, each 10 days that prohibited conditions
are maintained shall constitute a separate offense.
b.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
