Village of Tivoli, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Tivoli as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-31-1901]

§ 26-1 Composition.

The Fire Department shall consist of a Fire Chief and two Assistant Fire Chiefs and a number of firemen not to exceed 40 for each fire engine, 40 for each hook-and-ladder truck and 25 for each hose cart, which firemen shall be appointed by the Board of Trustees.

§ 26-2 Power of Fire Chief and assistants.

The Fire Chief and assistants shall have full and absolute power at all fires to order and direct the firemen in the management of the fire engines, hooks and ladders, hose and other fire apparatus for the extinguishment of fires.

§ 26-3 Assistant Fire Chiefs.

The Assistant Fire Chiefs shall be distinguished as "Assistant Fire Chief No. 1" and "Assistant Fire Chief No. 2." They shall assist the Fire Chief and obey his orders for the extinguishment of fires when on duty and, in the absence of the Fire Chief, take command according to rank.

§ 26-4 Election of foremen.

The foremen and assistant foremen of the different companies shall be elected by ballot by the companies to which they respectively belong, and the secretaries of the different companies shall notify the Board of Trustees of such election, and when elected shall hold their respective offices until others are elected in their places, unless the Board of Trustees shall otherwise direct.

§ 26-5 Chain of command.

A. 
In case of absence of the Fire Chief and his assistants from any fire, the senior foreman shall take command of the Fire Department.
B. 
The different fire companies shall be under the control and direction of a foreman and two assistants, and upon every alarm of fire they shall immediately repair thereto with the engines and other implements under their charge and there work and manage the same under the directions of the Fire Chief and his assistants, in the most effective manner, until dismissed by the Fire Chief.

§ 26-6 Records and reports.

A. 
The Fire Chief shall report annually to the Board of Trustees the condition of the engines, hose, hooks and ladders, and other fire apparatus, and recommend such alterations or improvements in the same as he may think necessary and proper; and whenever the engines or other fire apparatus shall want repairs to an amount not exceeding $250, he shall cause the same to be done immediately; it shall be his duty to superintend in person all repairs and to examine and certify all accounts for such repairs.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Fire Chief shall keep a record of the names of the members of the different companies, specifying the company to which each belongs, and all reductions of and accessions to such companies respectively, and report the same to the Board of Trustees annually.
C. 
The Fire Chief shall report, in writing, to the Board of Trustees on the first Monday of December in each year all accidents by fire that may happen in the city, with the causes thereof, as far as he is able, and the number and description of the buildings or other property destroyed or injured, together with the names of the owners or occupants.
D. 
The Fire Chief, or the person having command at fires, shall report to the Board of Trustees the names of such firemen as have disobeyed orders or neglected or refused to attend to their duty.

§ 26-7 Appointments and recommendations.

The Fire Chief shall recommend, in writing, to the Board of Trustees fit persons to fill vacancies in the respective companies. No person shall be appointed a fireman who is under the age of 18 years; and no person under the age of 21 years shall be allowed to join the Fire Department, unless by written consent of the parent or guardian of such applicant.

§ 26-8 Certificates of membership and exemption.

A. 
The Clerk shall keep a record of all certificates of membership and exemption, with the respective dates thereof, granted by the Board of Trustees.
B. 
Any fireman who shall apply for an exemption certificate shall, with such application, present to the Board of Trustees a statement verified by his oath of the time he was in actual service as a member of the Fire Department; also to what company or companies, and the term of such service and a certificate of the foreman of such company or companies of the term of his membership.
C. 
All certificates of membership or exemption granted by the Board of Trustees shall be delivered by the Clerk to the Fire Chief, and by him delivered to the foreman of the company of which the applicant is a member; and if such certificate of membership shall not be called for by such applicant within one month after its date, such certificate shall be void and returned by the Fire Chief to the Clerk.

§ 26-9 Manpower report; record of appointments.

A. 
The secretaries of the several companies shall report monthly to the Fire Chief the names of the members of their respective companies who have ceased to be firemen by removal from the village, or otherwise; and the names of the persons to be recommended to the Board of Trustees for appointment as firemen; and the names of all delinquent members thereof, with the nature of such delinquency.
B. 
The Clerk shall enter upon the book heretofore kept for that purpose the name of every person who shall hereafter be elected or appointed firemen or engineer in the Fire Department, together with the company to which any such person shall be attached from time to time, and the date of his appointment thereunto, and shall enter opposite to the name of every such person the date of his leaving or having moved from such company and from the Fire Department.

§ 26-10 Use of equipment; fire engines.

A. 
No foreman or other person having charge of an engine or other fire apparatus shall suffer or permit the same to be used at any time on trial of skill or of the power and capacity of the machine or for any other purpose than as provided in § 26-5B and Subsection C of this section, without the consent, in writing, of the Fire Chief, or shall make or suffer to be made any alteration of any engine or other apparatus (except as in this article provided), without the consent of the Board of Trustees.
B. 
It shall be the duty of each foreman to report to the Fire Chief monthly, or oftener, if necessary, the state and condition of the several engines and other implements under his charge and the repairs, if any, that may be required.
C. 
The foreman having charge of the fire engines or other fire apparatus shall have the same kept in the best order for immediate use and have the engines washed and cleaned by the firemen belonging thereto once every month from the first day of March to the first day of November in each year and at such other times as may be required by the Fire Chief.
D. 
No fire engine, hook-and-ladder nor hose cart or carriage shall, in going to or returning from any fire, or at any other time, be run, drawn, wheeled or placed upon any sidewalk.

§ 26-11 Negligence of duty.

If any fireman shall neglect to attend at fires without a sufficient excuse therefor; or refuse to do his duty in working the engine or other apparatus to which he may be attached; or disobey the orders of the Fire Chief or his assistants or the officers in command, or the officers of his company; or write or cause to be written or printed anything disrespectful to their superior officers or the Board of Trustees of the village, he shall be liable to expulsion from the Fire Department.

§ 26-12 Hydrants and hoses.

A. 
The foreman and assistants and members of hose companies shall, under the direction of the Fire Chief, have the charge and management of the fire hydrants and the hose used in connection therewith.
B. 
Any hose company laying a line of hose from a hydrant at a fire shall retain possession of the hydrant, unless otherwise ordered by the person in command.

§ 26-13 Hats.

A. 
The Fire Chief shall, as far as practicable, wear a fire hat painted white with "Fire Chief" painted on the front piece; and the Assistant Fire Chiefs shall wear fire hats painted white with "First Assistant Fire Chief" and "Second Assistant Fire Chief" painted on the front piece of their caps, respectively.
B. 
All the members of fire engines and hose companies, excepting the officers, shall wear fire hats painted black with number of company to which they are attached painted on the front piece in white. The members of hook-and-ladder companies shall wear fire hats painted red with number of company painted on the front piece.
C. 
The foreman and assistant foremen of the different companies, except the hook-and-ladder companies, shall wear hats painted black with a white front piece, with the grade of their office and number of the company to which they respectively belong painted thereon in black.
D. 
The foremen and assistants of hook-and-ladder companies shall wear fire hats painted red, with white front piece, and with grade of office and number of company to which they belong painted on said front piece in black.

§ 26-14 Authorized attendance.

A. 
If any fire occurs outside the limits of the village, no fire company of this village shall attend unless upon the consent of the President or the Clerk or any Trustee or Fire Chief of the Fire Department.
B. 
No fire apparatus or any company as a body shall leave the Village of Tivoli, except under the conditions specified in Subsection A, without the consent of the Board of Trustees.

§ 26-15 Badges.

A. 
From and after the passage of this article, a uniform badge shall be worn as provided by the Board of Trustees by all members of the Fire Department when attending fires.
B. 
A register shall be kept at the office of the Clerk in which he shall enter the names of the firemen and the name of the company and the number of the badge.
C. 
Each person on receiving his badge shall pay to the village, through the Clerk, such fee as will cover the expense of furnishing said badge and, on resigning or otherwise leaving the department, shall return the same to the Clerk, and it shall be the duty of the secretary of each and every company to at once notify the Fire Chief of the expulsion, resignation or death of a member in possession of a badge.
D. 
No badge shall be delivered by the Clerk, except upon satisfactory evidence from the secretary of the company to which the applicant belongs that he is entitled to wear the same.
E. 
Any fireman disposing of or giving away his fire badge shall incur a penalty, upon conviction, of a fine of not more than $250 or imprisonment for not more than 15 days, or both, and be subject to expulsion from the Fire Department; any fireman returning his badge to the Clerk shall by the village be refunded the amount paid for the same.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
All members of the Fire Department of the Village of Tivoli shall hereafter, when on duty, wear the firemen's badge provided by the village on penalty of expulsion from the Fire Department for nonconformity herewith.

§ 26-16 Ejection and exclusion of unauthorized personnel.

The police officers on duty at fires be empowered to exclude and eject from the fire grounds all persons not wearing a badge as provided for by the provisions of this article.[1]
[1]
Editor's Note: Former Section 37, dealing with false alarms, and former Section 38, dealing with violations of said former Section 37, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 5-14-1984]

§ 26-17 Authorization.

This Village Board of Trustees authorizes the participating by the Tivoli Fire Co. No. 5 in the Dutchess County Fire Mutual Aid Plan[1] and certifies to the Dutchess County legislators, through its County Fire Coordinator, that no restrictions exist against outside service by such fire company or Fire Department named herein within the meaning of § 209 of the General Municipal Law which would affect the power of such fire company or Fire Department to participate in such plan.
[1]
Editor's Note: Said plan is on file in the village offices.

§ 26-18 Copy to be filed.

A copy of this article shall be filed with the County Fire Coordinator.