[Ord. 394, 5/12/1993; as added by Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Fire Company
Ordinance."
[Ord. 394, 5/12/1993; as added by Ord. 656, 4/9/2015]
For purposes of this Part, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
The duly elected Chief of the Fire Company.
The Moon Township Volunteer Fire Company, Inc., a non-profit
corporation organized and existing under the laws of the Commonwealth
of Pennsylvania.
The Township Fire Official duly appointed and/or designated
by the Board of Supervisors, the authorized designee of the Township
Manager and/or the authorized designee of the Board of Supervisors.
The Fire Chief or duly authorized Fire Company representative(s)
as may be in charge at the scene of a fire or other type of emergency.
[Ord. 394, 5/12/1993, § 4; as amended by Ord. 656,
4/9/2015]
The purpose of this Part is to designate the Fire Company as
the official fire protection agency of the Township and to state additional
authorized activities for the Fire Company firefighters for workers'
compensation purposes.
[Ord. 394, 5/12/1993, § 1; as amended by Ord. 656,
4/9/2015]
The Fire Company is designated as the official fire protection
agency for the Township.
[Ord. 394, 5/12/1993, § 2; as amended by Ord. 656,
4/9/2015]
1.
The Fire Company is authorized to provide such services to the Township
as may be necessary for the protection of property and persons situate
therein including, but not limited to, the extinguishment and prevention
of loss of life and property from fire, automobile accidents, medical
emergencies, hazardous materials incidents and other dangerous situations.
2.
The Fire Company may also provide nonemergency and public service
functions, including, but not limited to, 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.
3.
The Fire Company may also conduct and participate in such training
activities and drills, within or outside the Township, as may be deemed
necessary by the officers of the Fire Company to maintain proficiency
in providing services.
4.
The Fire Company may also respond to calls and provide services to
municipalities outside of the Township.
[Ord. 394, 5/12/1993, § 3; as amended by Ord. 656,
4/9/2015]
In addition to actually participating in the activities of the
Fire Company as authorized above or in going to or returning from
any activity, the members of the Fire Company are also authorized
to do the following things:
A.
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 Company.
B.
Engage in fundraising activities for the Fire Company when authorized
by an officer or officers of the Fire Company.
C.
Engage in the performance of any other duty or activity authorized
by any officer of the Fire Company.
[Ord. 273, 6/10/1987; as amended by Ord. 656, 4/9/2015]
The Fire Chief or firefighter(s) in charge are empowered to
direct such operations as may be necessary to extinguish or control
any suspected or reported fires or emergency situations or to take
any other action necessary in the reasonable performance of their
duty. The firefighter in charge may prohibit any person, vehicle or
object from approaching the scene and may cause to be removed from
the scene any person, vehicle or object which may impede or interfere
with the operation of the Fire Company. The firefighter in charge
may 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 firefighter
in charge.
[Ord. 273, 6/10/1987; as amended by Ord. 656, 4/9/2015]
1.
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 Company emergency vehicle in
any way or to interfere with, attempt to interfere with, conspire
to interfere with, obstruct or hamper any Fire Company operation.
2.
A person shall not, without proper authorization from the Fire Chief
or his designee in charge of such Fire Company equipment, cling to,
attach himself to, climb upon or into or swing upon any Fire Company
emergency vehicle, whether the same is in motion or at rest, or sound
the siren, horn, bell or other sound-producing devices or manipulate
or tamper with or attempt to manipulate or tamper with any Fire Company
vehicle in any way including, but not limited to, tampering with any
valves, levers, switches, starting devices, brakes, pumps or any equipment
or protective clothing on or part of any Fire Company vehicle.
3.
It shall be unlawful for any person to damage or deface or attempt
or conspire to damage or deface any Fire Company emergency vehicle,
building or equipment at any time or to injure or attempt to injure
or conspire to injure Fire Company personnel while performing Fire
Company duties.
[Ord. 273, 6/10/1987; as amended by Ord. 656, 4/9/2015]
1.
The Fire Official shall recommend to the chief administrative official
of the Moon Township Municipal Authority or his representative the
location or relocation of new, existing or proposed fire hydrants
located on public or private property.
2.
A person shall not use or operate any fire hydrant within the Township
unless such person first secures a permit for such use from the Moon
Township Municipal Authority. This section shall not apply to the
use of such hydrants by a person employed by or authorized to make
such use by the Moon Township Municipal Authority.
[Ord. 273, 6/10/1987; as amended by Ord. 656, 4/9/2015]
No person shall obstruct any fire hydrant in the Township in
any way so as to render the fire hydrant inaccessible for operation.
No trees, flowers or other landscaping materials shall be planted
within three-foot circumference of a fire hydrant nor otherwise obstruct
a fire hydrant so as to make it inaccessible for immediate usage by
the Fire Company or the Moon Township Municipal Authority. No filling
or grading shall be done in or around a fire hydrant which shall obstruct
the usage of the fire hydrant by raising the surface of the ground
around the fire hydrant to the extent that there shall be less than
15 inches of clearance between the ground and the center of the main
steamer cap connection of the fire hydrant. If any obstructive condition
exists in or around any fire hydrant, it shall be the responsibility
of the property owner to correct such condition immediately.
[Ord. 273, 6/10/1987; as amended by Ord. 656, 4/9/2015]
The terms of this Part shall not impose a duty upon any person
to guarantee that any fire hydrant is mechanically workable or to
guarantee that the water pressure is adequate, but rather shall apply
to actions or activities which may obstruct access to fire hydrants
which may adversely affect the ability of the Fire Company and the
Moon Township Municipal Authority to manually engage and use the fire
hydrants.
[Ord. 273, 6/10/1987; as amended by Ord. 656, 4/9/2015]
Obstruction of fire hydrants, or the failure to remove obstructions
or excess fill, shall be determined by the Fire Official, who shall
have the power to enforce this Part.
[Ord. 273, 6/10/1987; as amended by Ord. 414, 4/13/1994,
§ 100-8; by Ord. 449, 6/19/1996; by Ord. 460, 4/9/1997;
and by Ord. 656, 4/9/2015]
Any person, firm, or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist and for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, the Fire Official, the authorized designee of the Township
Manager, and to any other officer or agent that the Township Manager
or the Board of Supervisors shall deem appropriate.
