City of Caruthersville, MO
Pemiscot County
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Table of Contents
Table of Contents
Cross References — Buildings and building regulations, ch. 500; electricity, ch. 505; mechanical code, ch. 510; following fire apparatus, §340.010; crossing fire hose restricted, §340.020; plumbing, ch. 515.
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Cross References — Administration generally, chs. 110 and 115; police department, ch. 200.

Section 205.010 Organization — Compensation.

[Ord. No. 657 §10-17, 7-7-1986]
The Fire Chief shall enroll, organize and maintain a Fire Department consisting of the Fire Chief, Assistant Chief, Lieutenant, Captain and such number of members, paid and/or volunteer, as provided by the City Council from time to time.

Section 205.020 Duties.

[CC 1983 §10-18]
The duties of the Fire Department shall be to respond to the fire alarm and follow the directions of the Chief or his/her designee.

Section 205.030 Compensation of Personnel of Fire Department.

[CC 1983 §10-19]
Compensation of the personnel of the Fire Department shall be set by the Council from time to time by ordinance, resolution or motion.

Section 205.040 Loan or Hire of Fire Apparatus.

[CC 1983 §10-20]
The hose or other property belonging to the City Fire Department shall not be hired or loaned to any person, except in cases of disaster, approved by the Mayor.

Section 205.050 Injuring, Etc., Fire Apparatus Generally.

[CC 1983 §10-21]
Whosoever shall, in any manner, willfully injure, deface or destroy any engine, hose carriage or reel, hose or any other fire apparatus or property belonging to the Fire Department shall be deemed guilty of a misdemeanor.

Section 205.060 Riding on Fire Truck.

[CC 1983 §10-22]
Any person other than the members of the City Fire Department who shall ride on any fire truck belonging to the City Fire Department at a time when the truck is going to or from a fire or when the truck is out for the practice of the members shall be deemed guilty of a misdemeanor.

Section 205.070 Fire Chief — Appointment.

[CC 1983 §10-34]
Whenever there shall be a vacancy in the position of Fire Chief, it shall be the duty of the Mayor, with the approval of the Council, to appoint some suitable and competent person to the office of Fire Chief who may be suspended or discharged from his/her office at any time by the Mayor, with the approval of a majority of the elected Council.

Section 205.080 Fire Chief — Qualifications.

[CC 1983 §10-35]
No person shall be appointed to the office of Fire Chief who is not a citizen of the United States, a man of good moral character and a resident of the City. In addition to the foregoing qualifications, he/she must be a trained fireman or be experienced in the use of fire apparatus and agencies employed by the City in the suppression of fires.

Section 205.090 Fire Chief — Powers and Duties.

[CC 1983 §10-36]
The Fire Chief shall have command of the Fire Department of the City and shall exercise general supervision over the same, taking care that each member of the Fire Department is properly trained and drilled in the manner of discharging the duties that may be assigned to him/her. He/she shall make, or cause to be made, frequent inspections of all fire hydrants within the City and see that they are at all times in good repair and ready for use. He/she shall in like manner inspect all fire apparatus used by the City to ensure that the same are carefully preserved and kept in good condition for use in fire stations and of all property of the City under control of the Fire Department and shall take care that such property is always kept in good condition and repair and ready for immediate use. He/she shall attend all fires in the City as far as practicable and all orders given by him/her to the Fire Department or any member thereof, shall be promptly obeyed by such company or member. He/she may order the removal of any building, erection or fence for the purpose of checking the progress of any fire, and, with the advice and consent of the Mayor shall have the power to destroy or have destroyed any building or erection for the purpose of extinguishing or checking a fire.

Section 205.095 Duty of Fire Department Personnel to Maintain Financial Responsibility — Violations.

[Ord. No. 2008-12 §1, 7-21-2008]
A. 
Each member of the Caruthersville Fire Department shall keep and maintain the financial responsibility which conforms to the requirements of the laws of this State on each and every motor vehicle utilized to respond to fire alarm calls. Furthermore, no member of the Caruthersville Fire Department shall operate a motor vehicle owned by another while responding to a fire alarm call unless such member has knowledge that the owner currently maintains financial responsibility unless such member has financial responsibility which covers the person's operation of the other's motor vehicle.
B. 
It shall be the affirmative duty of each member of the Caruthersville Fire Department to keep and maintain on file with the Fire Chief of the City of Caruthersville current proof that such member has met the financial responsibility requirements of the Section with respect to each and every motor vehicle utilized by such member to respond to fire alarm calls.
C. 
Any member of the Fire Department who fails to comply with the provisions of either Subsection (A) or (B) above shall be subject to the termination of such person's appointment to the Fire Department.
D. 
The definitions of terms contained in Section 382.020 of the Code of Ordinances of the City shall apply to this Section.
E. 
Members of the Fire Department shall include all full- or part-time employees of the City assigned to the Caruthersville Fire Department and all volunteer firefighters appointed to the Caruthersville Fire Department.

Section 205.100 Subscription for Fire Protection for Rural Residents — Calls to Fires and Emergencies Outside City Limits — Fees.

[CC 1983 §10-3; Ord. No. 569 §§1 — 2, 9-18-1978; Ord. No. 748 §§1 — 2, 8-16-1993; Ord. No. 890 §1, 8-20-2001; Ord. No. 2009-2 §1, 2-17-2009; Ord. No. 2013-02 §1, 2-19-2013[1]]
A. 
There is hereby established a system for persons owning property located outside the City limits of Caruthersville within the City's area of fire protection service to subscribe for fire protection services to be provided by the Fire Department of the City of Caruthersville. The service shall be provided upon the following terms and conditions:
1. 
The subscription fee for fire protection services shall be one hundred dollars ($100.00) annually which shall cover the period from July 1 to June 30 of each year. Such fee shall be paid in advance each year. Persons who wish to participate in the subscription service shall apply for a subscription at the Caruthersville Fire Department on forms provided for such subscription. Following initial registration of a subscription, the Caruthersville Fire Chief or designee shall send a bill to each current subscriber in May or June of each year for the subscription fee for the next subscription period. Subscription fees are due on or before July 1 of each year. In the event the fee is not paid by July 1, the subscription shall be canceled. New subscriptions shall be prorated for the number of months (either whole or partial) remaining in the year.
2. 
The Caruthersville Fire Chief or designee shall keep and maintain a current registry of all active subscribers for fire protection services hereunder.
3. 
The subscription provided for herein shall apply to all property owned by the subscriber located within the area of service of the Caruthersville Fire Department.
4. 
Tenants of rental property shall be required to maintain their own subscriptions and may not rely on the subscription of the landlord. All tenants of rental property who do not maintain their own subscription shall be charged for an out-of-City fire or emergency call to the rental property even if their landlord has a subscription that protects his, her or its interests.
5. 
No out-of-City fire fees shall be charged to any individual who has an active, fully paid subscription in good standing at the time of the fire call.
B. 
Except as provided in Subsection (D) of this Section, in responding to emergencies of non-subscribers, the following fees shall be charged for each and every response to a fire or emergency outside the City limits of the City of Caruthersville by the Fire Department of the City of Caruthersville:
1. 
One hundred dollars ($100.00) for responding to an emergency or fire call;
2. 
Five hundred dollars ($500.00) for each hour or a proportional sum for each quarter hour spent in providing emergency services, commencing with the receipt of the emergency response call to the time when all responding personnel are released from the response and all equipment utilized is returned to standby service at the Caruthersville Public Safety Building; plus
3. 
An amount equal to one (1) year's subscription, which shall not be prorated.
C. 
Upon payment of the charges and fees set forth in Subsection (B) of this Section, the property owner or individual shall be deemed to be a subscriber in good standing until subscription payments are again due as set forth herein.
D. 
Exceptions.
1. 
The following exceptions shall apply to the fees established in Subsection (B) above:
a. 
No property owner or individual shall be liable for fees or charges under this Section if said property owner or individual notifies the Fire Chief in writing, prior to the occurrence of an emergency, not to respond to an emergency on or involving his property, in which case, no response shall be made.
b. 
No out-of-City response fee shall be charged to:
(1) 
Any municipal Fire Department with which the City has a mutual aid agreement when dispatched for mutual aid anywhere within that department's area of service, including rural areas;
(2) 
The State of Missouri or Pemiscot County for grass or other fires on their property or rights-of-way;
(3) 
The St. Francis Levee District of Missouri for fires on its rights-of-way;
(4) 
Any other political subdivision of the State of Missouri for which the City Council shall provide a waiver of the fee based upon mutual assistance.
2. 
The fees established herein shall be the responsibility of the owner and tenant of the property involved in the fire or emergency.
E. 
All fees charged and received for fires or emergencies outside the City limits of the City of Caruthersville shall be deposited in the General Fund of the City of Caruthersville.
F. 
When making a claim for loss to property, each owner of an insured property who is not a subscriber of the City's subscription service but who receives fire protection services from the City, shall notify his property or casualty insurance company of the name, address and billing statement from the City for the emergency response. Failure to comply with this requirement constitutes a class A misdemeanor pursuant to § 320.305, RSMo.
G. 
If payment is not made pursuant to Subsection (B), the City shall have a cause of action against the property owner or individual for full payment and for additional damages not to exceed ten thousand dollars ($10,000.00).
H. 
Nothing herein shall in any way limit the City's rights under Section 205.130 of this Code to recover its costs for any hazardous substance emergency response.
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Editor's Note: Section 3 of this ordinance provided as follows: "The subscription service provided for herein shall be established effective as of July 1, 2013. Subscription applications may be submitted to the City any time after the passage of this ordinance. Any subscription fee paid with an application shall be applied to the subscription period from July 1, 2013 to June 30, 2014. All other portions of this ordinance, including the fees for rural emergency calls shall be effective immediately upon its passage and approval."

Section 205.110 False Alarms.

[Code 1961 §9.15; CC 1983 §10-4; Ord. No. 822 §1, 3-16-1998]
A. 
No person shall willfully give, sound or make any false fire alarms.
B. 
Any person violating the provisions of Subsection (A) of this Section shall reimburse the City the amount of two hundred dollars ($200.00) for each such false fire alarm in addition to the penalties provided in Section 100.120.
C. 
Every person who has a fire alarm system protecting their property shall keep such alarm system in a good state of repair so as to prevent false fire alarms. Each such person shall be granted two (2) false fire alarms in each calendar year without reimbursing the City for such false fire alarms. For each subsequent false fire alarm in that calendar year, the person whose property is protected by the fire alarm system shall reimburse the City the amount of two hundred dollars ($200.00).

Section 205.120 Assistance at Fires.

[Code 1961 §9.18; CC 1983 §10-5]
Every person who shall be present at any fire shall be subject to and obedient to the orders of the Chief of the Fire Department and his/her assistants in extinguishing such fire and the removal and protection of property.

Section 205.130 Hazardous Substances Emergency Response Cost Recovery Provisions.

[Ord. No. 2009-3 §1, 2-17-2009]
A. 
The Fire Chief, on behalf of the City of Caruthersville, is hereby authorized and directed to participate in the State of Missouri's Hazardous Substances Emergency Response Cost Recovery Program in accordance with Sections 260.500 to 260.550, RSMo.
B. 
The Fire Chief is directed to provide an itemized statement for all eligible costs to all responsible parties within sixty (60) days from the date of the response to any hazardous substances emergency situation. Such statement shall be submitted in compliance with guidelines established by the Missouri Department of Natural Resources.