| FIRE PREVENTION CODE OF THE TOWNSHIP OF CENTER ORDINANCE NUMBER 229 SECTION 1 THIS ORDINANCE SHALL BE KNOWN AND MAY BE CITED AS THE ?FIRE PREVENTION CODE OF THE TOWNSHIP OF CENTER? SECTION 2 THAT FOR THE PROTECTION OF LIFE AND PROPERTY AGAINST THE HAZARDS OF FIRE AND EXPLOSION THE CODES, STANDARDS AND PRACTICES APPEARING IN THE LATEST REVISION OF THE NATIONAL FIRE CODES ANNUALLY PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, EXCEPT AS THE SAME IS HEREINAFTER MODIFIED, ARE HEREBY ADOPTED BY REFERENCE, AS IF THE SAME WERE FULLY SET FORTH AT LENGTH HEREIN, AS THE FIRE PREVENTION CODE OF THE TOWNSHIP OF CENTER. SECTION 3 THE 1970 EDITION OF THE FIRE PREVENTION CODE PUBLISHED BY THE AMERICAN INSURANCE ASSOCIATION, EXCEPT AS THE SAME IS HEREINAFTER MODIFIED, IS HEREBY ADOPTED AS THE OFFICIAL SUMMARY OF THE FIRE PREVENTION CODE OF THE TOWNSHIP OF CENTER AND REFERENCE THERETO AND CITATION THEREOF MAY BE MADE SOLELY FOR THE PURPOSE OF CONVENIENCE IN ALL CASES WHERE THE PROVISIONS OF THE OFFICIAL SUMMARY ARE EQUAL IN EXTENT AND DEGREE TO THE REQUIREMENTS, STANDARDS AND PRACTICES CONTAINED IN THE LATEST REVISION OF THE NATIONAL FIRE CODES ANNUALLY PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION. SECTION 4 THAT A BUREAU OF FIRE PREVENTION IS HEREBY ESTABLISHED TO ADMINISTER AND ENFORCE THIS ORDINANCE AND TO CAUSE DUE OBSERVATION OF THE ACTS OF ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA RELATING TO: (A) THE PREVENTION OF FIRES (B) THE STORAGE AND USE OF EXPLOSIVES AND FLAMMABLES (C) THE INSTALLATION AND MAINTENANCE OF AUTOMATIC AND OTHER FIRE ALARM SYSTEMS, AND FIRE EXTINGUISHING EQUIPMENT; (D) THE MAINTENANCE AND REGULATION OF FIRE ESCAPES (E) THE MEANS AND ADEQUACY OF EXIT IN CASE OF FIRE, FROM SHOPPING CENTERS, RETAIL AND WHOLESALE OUTLETS, FACTORIES, SCHOOLS, HOTELS, DORMINTORIES, ASYLUMS, HOSPITALS, NURSING HOMES, CHURCHES, HALLS, THEATRES, AMPHITHEATRES, AND OTHER PLACES IN WHICH NUMBERS OF PERSONS WORK, LIVE, OR CONGREGATE FOR ANY PURPOSE (F) THE INVESTIGATION OF THE CAUSE AND CIRCUMSTANCES OF FIRES. SECTION 5 THE BUREAU OF FIRE PREVENTION SHALL INVESTIGATE THE CAUSE AND CIRCUMSTANCES OF EVERY FIRE OR EXPLOSION OCCURRING IN THE TOWNSHIP OF CENTER AS A RESULT OF WHICH PROPERTY IS DAMAGED OR PERSONAL INJURY IS SUSTAINED AND, SO FAR AS POSSIBLE, SHALL DETERMINE WHETHER SAID FIRE OR EXPLOSION WAS THE RESULT OF CARELESSNESS OR DESIGN. SUCH INVESTIGATION SHALL BEGIN IMMEDIATELY UPON THE OCCURRENCE OF SUCH FIRE OR EXPLOSION AND, IF IT APPEARS THAT THE SAME MAY HAVE BEEN CAUSED BY DESIGN, THE BUREAU OF FIRE PERVENTION SHALL TAKE CHARGE OF THE PHYSICAL EVIDENCE AND SHALL NOTIFY THE PROPER AUTHORITIES DESIGNATED BY LAW TO PURSUE THE FURTHER INVESTIGATION OF SUCH FIRE OR EXPLOSION. THE OWNER AND/OR OCCUPANT OF ANY STRUCTURE OR PREMISES DAMAGED OR LOST AS A RESULT OF FIRE OR EXPLOSION SHALL FURNISH A WRITTEN REPORT OF THE SAME TO THE BUREAU OF FIRE PREVENTION WITHIN NINETY-SIX (96) HOURS AFTER ITS OCCURRENCE; SUCH WRITTEN REPORT SHALL BE UPON A FORM PRESCRIBED BY THE BUREAU OF FIRE PREVENTION AND SHALL CONTAIN A STATEMENT OF ALL FACTS RELATING TO THE CAUSE AND CIRCUMSTANCES OF SUCH FIRE OR EXPLOSION, THE EXTENT OF THE DAMAGE RESULTING THEREFROM, THE INSURANCE UPON SUCH PROPERTY, AND SUCH OTHER INFORMATION AS MAY BE REASONABLY REQUESTED TO DETERMINE THE CAUSE AND EXTENT OF DAMAGE. ALL SUCH REPORTS SHALL BE MAINTAINED IN THE FILES OF THE BUREAU OF FIRE PREVENTION.ANY PERSON WHO SHALL VIOLATE SECTION 5 OF THIS ORDINANCE SHALL UPON CONVICTION THEREOF BE SENTENCED TO PAY A FINE IN SECTION 20 OF THIS ORDINANCE. SECTION 6 THAT THE BUREAU OF FIRE PREVENTION SHALL INSPECT, AS OFTEN AS MAY BE NECESSARY BUT NOT LESS THAN ONCE A YEAR, ALL STRUCTURES AND PROPERTY EXCEPT THE INTERIORS OF PRIVATE DWELLINGS, FOR THE PURPOSE OF DISCOVERING ANY CONDITION LIKELY TO CONTRIBUTE TO THE HAZARDS OF FIRE OR EXPLOSION, AND TO ENFORCE THEIR CORRECTION. ANY SUCH OWNER OR OCCUPANT FAILING WITHIN A REASONABLE TIME TO COMPLY WITH AN ORDER OF THE BUREAU OF FIRE PREVENTION TO CORRECT OR REMEDY ANY SUCH CONDITION, SHALL BE LIABLE TO THE PENALTY HEREINAFTER PROVIDED SECTION 6 SUCH ORDER MAY BE PERSONALLY SERVED UPON AN OCCUPANT OR OWNER OR UPON ANY ADULT PERSON IN CHARGE OF THE PREMISES; IN THE EVENT THAT PERSONAL SERVICE CANNOT BE MADE, THE NOTICE MAY BE POSTED IN A CONSPICUOUS PLACE NEAR OR UPON THE ENTRANCE OR APPROACH TO THE PREMISES. SUCH ORDER MAY BE SERVED UPON ANY OWNER NOT IN POSSESSION BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, DISPATCHED TO THE OWNER?S LAST KNOWN POST OFFICE ADDRESS. SECTION 7 THAT THE BUREAU OF FIRE PREVENTION SHALL ESTABLISH ?FIRE LANES? ON PRIVATE PROPERTY DEVOTED TO PUBLIC USE, INCLIDING WITHOUT LIMITATION, SHOPPING CENTERS, SCHOOLS, CHURCHES, THEATRES, FAIR GROUNDS AND INDUSTRIAL PARKS, WHERE THE PARKING OF MOTOR VEHICLES OR OTHER OBSTRUCTIONS MAY INTERFERE WITH THE FLIGHT OF PERSONS IN PANIC AND WITH THE INGRESS AND EGRESS OF FIRE FIGHTING VEHICLES FOR THE PROTECTION OF PERSONS AND PROPERTY. SUCH LANES SHALL BE ESTABLISHED AFTER DUE CONFERENCE WITH THE OWNER AND OCCUPANT OF THE PROPERTY AND BY RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF CENTER PROVIDED, HOWEVER, THAT NO ENFORCEMENT OF THIS PROVISION OR THE PENALTY HEREINAFTER PROVIDED FOR ITS VIOLATION SHALL BE MADE AGAINST THE TRAVELING PUBLIC UNLESS APPROVED SIGNS ARE ERECTED DESIGNATING SUCH LANES AS MAY BE ESTABLISHED HEREUNDER.THE BUREAU OF FIRE PREVENTION MAY ENFORCE THIS SECTION WITH TOWNSHIP NOTICE FOR PARKING VIOLATION TICKET WITH FINE AS IN SECTION 20 (A) PROHIBITING PARKING IN SERVICE COURTS OF THE BEAVER VALLEY MALL SHOPPING CENTER SECTION 8 THE BUREAU OF FIRE PREVENTION WITHIN THIRTY DAYS FOLLOWING THE CONCLUSION OF EACH CALENDAR YEAR SHALL FILE ITS ANNUAL REPORT WITH THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF CENTER OF ALL VIOLATIONS OF THIS ORDINANCE AND ALL PROCEDINGS THEREUNDER. SUCH REPORT SHALL ALSO INCLUDE ANY RECOMMENDATION CONCERNING AMENDMENTS TO THIS ORDINANCE WHICH MAY APPEAR TO BE NECESSARY OR DESIRABLE. SECTION 9 THE BUREAU OF FIRE PREVENTION SHALL HAVE THE POWER AND FULL AUTHORITY TO MODIFY ANY OF THE PROVISIONS OF THE ORDINANCE WHERE THEIR STRICT APPLICATION WOULD RESULT IN UNNECESSARY HARDSHIP. PROVIDED, HOWEVER, THAT THE PURPOSE AND INTENT OF THIS ORDINANCE SHALL BE OBSERVED THE PUBLIC SAFETY SECURED AND SUBSTANTIAL JUSTICE DONE. THE PARTICULARS OF EACH MODIFICATION AS MAY BE ALLOWED SHALL BE FURNISHED IN WRITING TO EACH APPLICANT AND A COPY THEREOF RETAINED IN THE FILES OF THE BUREAU OF FIRE PREVENTION. SECTION 10 WHENEVER THE BUREAU OF FIRE PREVENTION SHALL DISAPPROVE AN APPLICATION FOR MODIFICATION OF ANY PROVISION OF THIS ORDINANCE OR SHALL REFUSE TO GRANT A PERMIT, OR WHEN IT MAY BE CLAIMED THAT THE PROVISIONS OF THIS ORDINANCE DO NOT APPLY OR THAT THE TRUE INTENT AND MEANING OF THIS ORDINANCE HAS BEEN MISCONSTRUED OR WRONGLY INTERPRETED, THE PERSON AGGRIEVED THEREBY MAY APPEAL FROM THE DECISION OF THE BUREAU OF FIRE PREVENTION TO THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF CENTER. SUCH APPEAL MUST BE MADE WITHIN THIRTY (30) DAYS FOLLOWING THE DATE OF THE DECISION OF THE BUREAU OF FIRE PREVENTION FROM WHICH RELIEF IS SOUGHT. SECTION 11 THE BUREAU OF FIRE PREVENTION SHALL BE SUPERVISED BY THE FIRE MARSHAL. THE FIRE MARSHAL SHALL BE ANNUALLY APPOINTED BY THE BOARD OF SUPERVISORS AT ITS REORGANIZATIONAL MEETING. THE FIRE MARSHAL SHALL SERVE AT THE PLEASURE OF THE BOARD OF SUPERVISORS AND SHALL BE ENTITLED TO SUCH COMPENSATION AS MAY, FROM TIME TO TIME, BE DETERMINED BY THE BOARD OF SUPERVISORS.THE BOARD OF SUPERVISORS MAY ANNUALLY APPOINT INSPECTORS TO ASSIST THE FIRE MARSHAL IN THE ENFORCEMENT OF THIS CODE. SUCH INSPECTORS SHALL SERVE AT THE PLEASURE OF THE BOARD OF SUPERVISORS AND SHALL BE ENTITLED TO SUCH COMPENSATION AS MAY, FROM TIME TO TIME, BE DETERMINED BY THE BOARD OF SUPERVISORS.AN ADVISORY BOARD IS HEREBY CREATED TO ACT AS LIASON BETWEEN THE BUREAU OF FIRE PREVENTION AND THE CENTER TOWNSHIP VOLUNTEER FIRE DEPARTMENT AND, FURTHER, TO PROVIDE TECHNICAL ASSISTANCE TO THE FIRE MARSHAL IN SUCH CASES AS THE SAME MAY BE REQUIRED BY THE FIRE MARSHAL.THE ADVISORY BOARD SHALL BE COMPRISED OF THE CHIEF, ASSISTANT CHIEF AND THE THREE STATION CAPTAINS OF THE CENTER TOWNSHIP VOLUNTEER FIRE DEPARTMENT. THE MEMBERS OF THE ADVISORY BOARD SHALL SERVE WITHOUT COMPENSATION. PROVIDED, HOWEVER, THAT MEMBERS OF THE ADVISORY BOARD SHALL BE ELIGIBLE TO SERVE, AND TO RECEIVE COMPENSATION FOR SO SERVING, AS FIRE MARSHAL OR INSPECTORS. AND PROVIDED, FURTHER, THAT THIS SUBSECTION SHALL NOT PROHIBIT PAYMENT TO MEMBERS OF THE ADVISORY BOARD FOR THE PERFORMANCE OF FIREFIGHTING DUTIES AS MAY BE PROVIDED BY OTHER ORDINANCES AND RESOLUTIONS OF THE TOWNSHIP OF CENTER SECTION 12 NO BONFIRE OR OTHER OUTDOORS FIRE SHALL BE KINDLED OR MAINTAINED IN THE TOWNSHIP OF CENTER EXCEPT AS MAY BE HEREINAFTER ALLOWED OR PROVIDED: SECTION 12 (A) NO BONFIRE OR OTHER OUTDOOR FIRE SHALL BE KINDLED OR MAINTAINED UPON ANY PUBLIC STREET IN THE TOWNSHIP OF CENTER (B) NO BONFIRE OR OTHER OUTDOOR FIRE SHALL BE KINDLED OR MAINTAINED FOR THE PURPOSE OF BURNING GARBAGE, ANIMAL OR VEGETABLE WASTE, MANURE, RUBBER, PLASTIC, FURNITURE, BEDDINGS, CAR PRODUCTS OR ANY OTHER MATERIAL WHICH WILL CREATE NAUSEOUS OR NOXIOUS FUMES, SMOKE OR TOXIC CHEMICALS. PROVIDED, HOWEVER, THAT THIS SUBSECTION SHALL NOT PROHIBIT OUTDOOR FIRES KINDLED AND MAINTAINED FOR COOKING PURPOSES OR OUTDOOR BONFIRES KINDLED AND MAINTAINED FOR RECREATIONAL PURPOSESS. (C) NO BONFIRE OR OTHER OUTDOOR FIRE SHALL BE KINDLED OR MAINTAINED FOR THE PURPOSE OF BURNING RUBBISH, BRUSH, DRY GRASS OR LEAVES WITHOUT FIRST OBTAINING A PERMIT THEREFOR, AS HEREINAFTER PROVIDED. PROVIDED, HOWEVER, THAT NO PERMIT SHALL BE REQUIRED IF SUCH FIRE IS CONTAINED IN A WASTE BURNER APPROVED BY THE BUREAU OF FIRE PREVENTION, AND SUCH WASTE BURNER IS LOCATED MORE THAN 15 FEET FROM ANY STRUCTURE AND MORE THAN 15 FEET FROM ANY PROPERTY LINE OF PUBLIC STREET RIGHT OF WAY. (D) EXCEPT AS MAY BE EXPRESSLY ALLOWED BY ANY PRECEDING SUBSECTION, NO BONFIRE OR OUTDOOR FIRE SHALL BE KINDLED OR MAINTAINED WITHOUT A PERMIT: BEFORE PERMIT ISSUE FOR BONFIRE OR OUTDOOR FIRE, SHALL BE CHECKED BY BUREAU OF FIRE PREVENTION AND MEET THE CONDITIONS LISTED BELOW, IF CONDITIONS BELOW ARE NOT MEET OR BUREAU OF FIRE PREVENTION FOR SAFETY REASONS SECTION 13 WILL BE FOLLOWED.PERMITS MAY ISSUE FOR OPEN BURNING OF BRUSH, DRY GRASS AND LEAVES, AND OTHER LAWFUL PURPOSES SUBJECT TO THE FOLLOWING CONDITIONS:THE LOCATION OF SUCH FIRE IS MORE THAN 50 FEET FROM ANY STRUCTURE OR BUILDING AND MORE THAN 25 FEET FROM ANY PROPERTY LINE OR PUBLIC STREET RIGHT OF WAY AND ADEQUATE PROVISION IS MADE TO PREVENT FIRE FROM SPREADING TO WITHIN 50 FEET OF ANY STRUCTURE;SUCH FIRE SHALL BE CONSTANTLY ATTENDED BY A COMPETENT PERSON UNTIL SUCH FIRE IS EXTINGUISHED; SUCH PERSON SHALL HAVE A GARDEN HOSE CONNECTED TO THE WATER SUPPLY, OR OTHER FIRE EXTINGUISHING EQUIPMENT READILY AVAILABLE FOR USE; (E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO FIRE SHALL BE KINDLED BEFORE 7:00 O?CLOCK A.M. AND SUCH FIRE MUST BE WHOLLY EXTINGUISHED BEFORE 6:00 O?CLOCK P.M., PREVAILING TIMES; FIRE SHALL NOT BE KINDLED ON ANY SUNDAY OR MONDAY OR THE FOLLOWING LEGAL HOLIDAYS: NEW YEARS DAY, GOOD FRIDAY, THANKSGIVING DAY, CHRISTMAS DAY (F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE BUREAU OF FIRE PREVENTION MAY PROHIBIT ANY OR ALL BONFIRES AND OTHER OUTDOOR FIRES WHEN ATMOSPHERIC CONDITIONS OR LOCAL CIRCUMSTANCES MAKE SUCH FIRES HAZARDOUS. SECTION 13 THE FOLLOWING FEES SHALL BE PAID TO THE TREASURER OF THE TOWNSHIP OF CENTER FOR THE ISSUANCE OF A PERMIT TO KINDLE OR MAINTAIN A BONFIRE OR OTHER OUTDOOR FIRE: (A) BONFIRE OR OUTDOOR FIRE $5.00 THIS FEE SHALL BE IN ADDITION TO WAGES AT THE RATE OF $6.00 PER HOUR PER FIREMAN REQUIRED TO BE PAID TO FIREMEN FOR STANDBY DUTY AND A FLAT PER DIEM CHARGE OF $100.00 FOR EACH FIRE TRUCK REQUIRED TO STAND IN ATTENDANCE. SECTION 14 THAT WHENEVER THE WORDS ?CHIEF OF THE BUREAU OF FIRE PREVENTION?MAY BE USED IN THE NATIONAL FIRE CODES ANNUALLY PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION OR IN THE OFFICIAL SUMMARY THEREOF, THE SAME SHALL BE CONSTRUED TO MEAN THE CENTER TOWNSHIP FIRE MARSHAL. SECTION 15 THAT WHENEVER THE WORDS ?MUNICIPALITY?, ?TOWN? OR ?CITY? MAY BE USED IN THE NATIONAL FIRE CODES ANNUALLY PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION OR IN THE OFFICIAL SUMMARY THEREOF, THE SAME SHALL BE CONSTRUED TO MEAN THE TOWNSHIP OF CENTER. SECTION 16 THAT WHENEVER THE WORDS ?CORPORATION COUNSEL? MAY BE USED IN THE NATIONAL FIRE CODES ANNUALLY PUBLISHED BY YHE NATIONAL FIRE PROTECTION ASSOCIATION OR IN THE OFFICIAL SUMMARY THEREOF, THE SAME SHALL BE CONSTRUED TO MEAN THE SOLICITOR OF THE TOWNSHIP OF CENTER. SECTION 17 THE TERRITORIAL LIMITS OF THE TOWNSHIP OF CENTER ARE HEREBY DESIGNATED AS THE LIMITS OF DISTRICTS IN, WHICH THE FOLLOWING MATTERS, ARE PROHIBITED OR RESTRICTED: (A) STORAGE OF FLAMMABLE LIQUIDS IN OUTSIDE ABOVE GROUND TANKS (ARTICLE 16, 1970 EDITION OF THE OFFICIAL SUMMARY) SECTION 17 (B) BULK STORAGE OF LIQUEFIED PETROLEUM GASES (ARTICLE 21, 1970 EDITION OF THE OFFICIAL SUMMARY) (C) STORAGE OF EXPLOSIVE AND BLASTING AGENTS (ARTICLE 12, 1970 EDITION OF THE OFFICIAL SUMMARY) SECTION 18 THE FOLLOWING MOTOR VEHICLE ROUTES ARE HEREBY ESTABLISHED FOR VEHICLES TRANSPORTING EXPLOSIVES AND BLASTING AGENTS (ARTICLE 12, 1970 EDITION OF THE OFFICIAL SUMMARY) AND HAZARDOUS CHEMICALS OR OTHER DANGEROUS ARTICLES (ARTICLE 20, 1970 EDITION OF THE OFFICIAL SUMMARY): (A) BEAVER VALLEY EXPRESSWAY, ROUTE 1023; AND (B) CONSTITUTION BOULEVARD L.R. A-254 SECTION 19 THAT THE LATEST REVISION OF THE NATIONAL FIRE CODES ANNUALLY PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION IS HEREBY MODIFIED TO INCLUDE THE FOLLOWING IN ITS PROVISIONS RELATING TO FIRE PROTECTION EQUIPMENT (ARTICLE 14, 1970 EDITION OF THE OFFICIAL SUMMARY): IN ALL NEW AND EXISTING STRUCTURES, WATER AND ELECTRIC ALARMS, SPRINKLER SYSTEMS AND STANDPIPE SYSTEMS SHALL CONTAIN A WATER FLOW ALARM LOCATED OUTSIDE OF THE BUILDING, WHICH SHALL ELECTRICALLY TRANSMIT A SIGNAL ALARM TO THE BASE STATION OF THE CENTER TOWNSHIP FIRE DEPARTMENT. IN THE EVENT THAT TWO OR MORE WATER FLOW ALARMS ARE REQUIRED TO BE INSTALLED THEN EACH WATER FLOW ALARM SHALL BE CONNECTED INTO A CODED MASTER CONTROL SYSTEM AT THE BASE STATION OF THE CENTER TOWNSHIP FIRE DEPARTMENT.EXISTING STRUCTURES SHALL BE PERMITTED A PERIOD OF SIX MONTHS AND SUCH REASONABLE EXTENSIONS THERETO, NOT EXCEEDING AN ADDITIONAL SIX MONTHS, AS MAY BE ALLOWED FOR CAUSE BY THE FIRE MARSHAL IN ORDER TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.THE COST AND INSTALLATION OF THE ALARM SYSTEM REQUIRED TO BE INSTALLED HEREUNDER, INCLUDING CONNECTION TO THE BASE STATION AND MODULAR ELECTRONIC EQUIPMENT REQUIRED IN CONNECTION THEREWITH, SHALL BE BORNE SOLELY AND EXCLUSIVELY BY THE OWNER AND / OR OCCUPANT OF THE PREMISES, AND NO PORTION OF SUCH COST OR THE COST OF MAINTENANCE OF SUCH ALARM SYSTEM SHALL BE BORNE BY THE GENERAL FUND OF THE FIRE HYDRANT FUND OF THE TOWNSHIP OF CENTER. SECTION 20 THE FOLLOWING FINES SHALL BE PAID TO THE TREASURER OF THE TOWNSHIP OF CENTER FOLLOWING CONVICTION FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE: (A)ANY PERSON WHO SHALL VIOLATE SECTION 5 OF THIS ORDINANCE SHALL FURNISH A WRITTEN REPORT WITHIN NINETY-SIX (96) HOURS AFTER ITS OCCURRENCE, UPON CONVICTION THEREOF BE SENTENCED TO PAY A FINE OF NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00) NOR MORE THAN FIFTY DOLLARS ($50.00) (B) ANY PERSON WHO SHALL VIOLATE SECTION 7 OF THIS ORDINANCE BY PARKING OR LEAVING AN UNATTENDED MOTOR VEHICLE STANDING IN A PROPERLY MARKED FIRE LANE SHALL, UPON CONVICTION THEREOF, BE SENTENCED TO PAY A FINE OF FIFTEEN DOLLARS ($15.00) AND COSTS OF PROSECUTION. (C) ANY PERSON WHO SHALL VIOLATE SECTION 12 OF THIS ORDINANCE BY KINDLING OR MAINTAINING A BONFIRE OR OTHER OUTDOOR FIRE WITHOUT A PERMIT WHERE REQUIRED HEREUNDER OR OTHERWISE SHALL UPON CONVICTION THEREOF, BE SENTENCED TO PAY A FINE OF NOT LESS THAN FIFTY DOLLARS ($50.00) NOR MORE THAN ONE HUNDRED DOLLARS ($100.00) AND COSTS OF PROSECUTION. (D) ANY PERSON WHO SHALL VIOLATE ANY OTHER SECTION OF THIS ORDINANCE SHALL, UPON CONVICTION THEREOF, BE SENENCED TO PAY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS ($500.00) NOR MORE THAN ONE THOUSAND DOLLARS ($1000.00) AND / OR SHALL UNDERGO IMPRISONMENT FOR A PERIOD NOT EXCEEDING THIRTY (30) DAYS. (E) THE IMPOSITION OF A FINE OR PENALTY FOR A VIOLATION OF THE PROVISIONS OF THIS ORDINANCE SHALL NOT PERMIT THE CONTINUANCE OF SUCH VIOLATION. ALL SUCH VIOLATIONS SHALL BE REMEDIED WITHIN A RESONABLE TIME AS MAY BE PRESCRIBED BY THE BUREAU OF PREVENTION AND, WHEN NOT OTHERWISE PRESCRIBED, EACH SEVEN (7) DAYS THAT CONDITIONS ARE MAINTAINED WHICH ARE PROHIBITED BY ANY SECTION OF THIS ORDINANCE SHALL CONSTITUTE A SEPARATE OFFENSE. SECTION 21 THE PROVISIONS OF THIS ORDINANCE SHALL BE SEVERABLE, AND IF ANY PROVISION THEREOF SHALL BE HELD TO BE UNCONSTITTUTIONAL, INVALID OR ILLEGAL BY ANY COURT OF COMPETENT JURISDICTION OF THIS ORDINANCE. IT IS HEREBY DECLARED AS A LEGISLATIVE INTENT THAT THIS ORDINANCE WOULD HAVE BEEN ENACTED HAD SUCH UNCONSTITUTIONAL, INVALID OR ILLEGAL PROVISIONS NOT BEEN INCLUDED THEREIN. SECTION 22 THIS ORDINANCE SHALL BECOME EFFECTIVE APRIL 14, 1972 |
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