The fire limits as now established in the city of Middletown and the provisions regulating the erection of buildings within such limits shall remain in force under this act, subject to the power of the common council to alter the same.
[Repealed by L. 1916, Ch. 200]
[Amended by L. 1922, Ch. 613]
The common council shall have power by ordinance, to regulate the construction of chimneys and compel the sweeping thereof to prevent a dangerous construction or condition of chimneys, fireplaces, hearthstones, stovepipes, ovens, boilers and apparatus used in any building or manufactory, and to cause the same to be removed or placed in a safe and secure condition when considered dangerous, to prevent the deposit of ashes in unsafe places, to regulate and prevent the carrying on of manufactories dangerous in causing or promoting fires, and to regulate and prevent the use of fireworks and firearms within the city limits, to compel the owners and occupants of houses and other buildings to have scuttles in roofs, and stairs and ladders leading to the same; to prohibit or regulate the keeping and conveying of gunpowder and other dangerous material, and the use of candles and lights in barns, stables and other buildings; also to prohibit or regulate the keeping and conveying of petroleum, earth or rock oil, benzol, benzine, naphtha, kerosene, camphene, or burning fluid of any kind or other dangerous material; and to provide for the inspection of the same by an inspector appointed by them; and in case of violation of the ordinances regulating the same, to provide for the forfeiture thereof, or for such penalties as by ordinance the common council may impose; to authorize the mayor, aldermen, or other officers of said city to enter upon and inspect any place or places for the purpose of ascertaining whether the same is or are in a safe condition, and if not, to direct or cause the same to be made so; to keep away from the vicinity of any fire all idle and suspicious persons, to compel all officers of said city and other persons to aid in the extinguishment of fires and in the preservation of property exposed to danger thereat, to require all such further and other acts to be done, and to regulate or prohibit the doing of all such further or other acts as they may deem proper to prevent the occurrence, and to provide for the extinguishment of fires in said city, designating such portions of said city as they may deem proper within which no building in whole or in part of wood or other combustible material shall be erected, repaired, reroofed, made larger or removed; to remove or provide for a removal thereof, if so erected, repaired, rebuilt, reroofed, made larger or removed. The common council shall also have the power to raze or demolish any building or erection which by reason of fire or any other cause may become dangerous to human life or health or tend to extend conflagration.
[Repealed by L. 1922, Ch. 613]
[Amended by L. 1922, Ch. 613; L. 1943, Ch. 710; L.L. No. 4-1954; L.L. No. 2-1961; L.L. No. 6-1963; L.L. No. 1-1993; L.L. No. 1-2011]
The Common Council shall purchase and procure fire engines and other apparatus used for the extinguishment of fires and shall provide fit and secure engine houses and other places for keeping and preserving the same, whenever authorized by a vote of the inhabitants of said City, and prescribed by this act, or whenever there are any unappropriated funds belonging to said City. The Mayor shall have the charge and control of the same as the chief executive officer of the City. The Common Council shall have power to organize fire, hook and ladder and hose companies. Said Council, upon recommendation of the Mayor, shall also prescribe the duties of the Chief Engineer, and three (3) assistants, clerk and treasurer, and said Council shall authorize the continued membership of any firemen or appoint as firemen a competent number of able and respected inhabitants of said City or of territory outside the City which is afforded fire protection by the fire department of the City, or any fire company thereof, pursuant to a contract for fire protection, or who, if by reason of their residence in the vicinity and their usual occupation will be available to render active services as volunteer firemen in the City or in territory which is afforded fire protection pursuant to a contract for fire protection by the fire department in the City or a fire company thereof. The Mayor, as the chief executive officer of the City, shall oversee the care and management of the engines and other apparatus and implements used or provided for the extinguishing of fires. The Chief Engineer shall report and be responsible directly to the Mayor with respect to the operations and needs of the Fire Department, and the Chief Engineer shall so report to the Mayor as required by the Mayor. After receiving recommendations from the Mayor, the Common Council shall prescribe the duties of firemen, and make rules and regulations for their government; shall impose such reasonable fines and forfeitures, as said Council may deem proper, upon said firemen for violation of said rules and regulations; and in the event of incapacity, neglect of duty or misconduct, and upon recommendation of the Mayor, the Common Council shall have the power to remove said firemen and to appoint others in their places.
[Added by L.L. No. 5-1942; amended by L.L. No. 4-1963; L.L. No. 1-1993]
In addition to such provisions of law and regulations as may now be in force for the discipline of firemen of the city, the board of engineers of the fire department of the City of Middletown, consisting of the chief engineer, the first assistant engineer, the second assistant engineer and the third assistant engineer, or the Public Safety Committee of the Common Council, or Chief of the Fire Department, shall have the power to discipline and punish, in the manner herein provided, any paid fireman of the city, for neglect of duty or a violation of any of the rules and regulations of the Fire Department establish pursuant to law, or for disobedience of orders, absence from duty without leave or any conduct deemed by such Board or Public Safety Committee of the Common Council to be unbecoming a fireman. The powers and proceedings of the said Board of Engineers or the Public Safety Committee of the Common Council or Chief of the Fire Department to discipline or punish firemen, shall be the following:
a. 
Before the said Board of Engineers or the Public Safety Committee of the Common Council shall render any punishment or take any disciplinary action affecting any such fireman, the matter must be brought to the attention of the Board of Engineers or the Public Safety Committee of the Common Council by a charge in writing which may be made by any member of the Board or the Public Safety Committee of the Common Council, by one paid fireman against another paid fireman, as well as by a member of the public against a paid fireman. The paid fireman shall be served, in the manner hereinafter set forth, with a notice that charges thereof are preferred against him. The written charges shall set forth in detail the nature of the complaint against the paid fireman, and shall be signed and verified by the Chief of the Fire Department if the charges are preferred by any member of the Board of Engineers; or by the individual making the complaint, if the charges are not preferred by a member of the Board of Engineers; as hereinafter set forth, the verified statements of all witnesses shall be annexed to and form a part of the written charges.
b. 
A copy of the written charges shall be served either personally or by registered mail, addressed to his residence upon the paid fireman against whom the same have been preferred, together with a notice which shall set a time and place for a hearing thereon. The charges shall be heard and determined either by the Board of Engineers or by the Public Safety Committee of the Common Council, and it shall be the privilege of the accused paid fireman to select which duly constituted body shall hear and determine the charges. The time for the hearing shall not be less than ten (10) days after service made as aforesaid of a copy of the charges upon the paid fireman, who shall, within five (5) days after said service, send a written notice either to the Board of Engineers or to the Public Safety Committee of the Common Council which body he has selected to hear and determine the charges against him. If the accused paid fireman does not exercise his said privilege, then and in that event, the charges shall be heard and determined by the said Public Safety Committee of the Common Council. The original verified written charges shall be delivered either to the Board of Engineers or the Public Safety Committee of the Common Council, as the case may be, at least five (5) days before said Board or Committee is to hear and determine the charges. The originals of all written statements of witnesses relating to the charges shall be filed with the original verified written charges and copies thereof shall be attached to the copy of the written charges served upon the accused paid fireman. The accused paid fireman shall be allowed at least eight (8) days and not more than nine (9) days for answering the charges in writing. The said answer shall be filed with the Corporation Counsel of the City of Middletown within the time limits specified.
c. 
In instances where paid firemen prefer charges, they shall at the time of the alleged violation, call it to the attention of the individuals present, specifying its character and notifying them that they may be subject to being called as witnesses. Any attempted evasion of this duty on the part of the paid fireman, or the giving of false testimony, or the withholding of facts or other information, shall subject said paid fireman to charges.
d. 
The hearing by the Board of Engineers or the Public Safety Committee of the Common Council, as the case may be, may be public or private, at the option of the paid fireman so charged. The accused paid fireman shall have the right to be present at said hearing, with legal counsel, to present evidence in his defense, and to examine and cross-examine witnesses. The hearing may be held and determination made by the Board of Engineers or the Public Safety Committee of the Common Council, or a majority of members thereto. In connection with any such hearing, the Board or the Committee, or any member thereof, shall have the power to issue subpoenas for the attendance of witnesses at such hearing, and any person duly served with a subpoena shall attend in obedience thereof, and the Board of the Committee shall have the same authority to enforce the subpoena and to punish for contempt thereof as is possessed by the County Court of Orange County.
e. 
The Chief of the Fire Department may by written notice suspend a fireman from duty without pay pending a hearing and determination upon charges before the Board or Committee, but any such suspension shall not be for a longer period than thirty days. The chief of the Fire Department shall notify in writing the City Clerk and Collector of any such temporary suspension from duty of the said fireman pending the hearing. If the accused fireman shall be found guilty by a majority of the Board of engineers or a majority of the Public Safety Committee of the Common Council, the penalty or punishment may consist of (a) reprimand, (b) a fine not to exceed one hundred dollars ($100.) to be deducted from the salary or wages of such Fireman, (c) suspension from duty and from pay for a period not exceeding two months, (d) demotion in grade and title or dismissal from the service, provided, however, that the time during which paid fireman is suspended without pay may be considered as part of the penalty, (e) any paid fireman who has been found guilty may appeal for relief to the Middletown Civil Service Commission or to the duly constituted Courts, (f) the Chief of the Fire Department shall have the power to summarily suspend from duty without pay for not more than five (5) days any paid fireman of the Fire Department of the City of Middletown for flagrant violations of the Rules and Regulations, or when the reputation and discipline of the Department would suffer if such action were not taken. He shall immediately report each suspension to the City Clerk and Treasurer. Paid fireman suspended from duty shall not appear in uniform. Paid fireman under suspension shall personally report to the Chief Officer or dispatcher by 9:00 a.m. daily, but after reporting shall not be assigned to any duties until the suspension is revoked. Paid fireman shall not receive any remuneration for the period of their suspension from duty, unless and until restored to duty after trial and thereupon the paid fireman shall receive remuneration from and after the date of suspension, except that he shall not receive remuneration for the period of suspension or portion thereof which shall be considered as part of the penalty, and except further that said remuneration shall be less any earnings during such period in any other employment earned during any period corresponding to his regular tour of duty and any unemployment insurance benefits accrued during such period and except as otherwise stated herein. Any paid fireman summarily suspended by the Chief of the Fire Department in accordance with subdivision (f) of paragraph "e" of Section 157-B shall have a right to appeal to the Board of Engineers or the Public Safety Committee of the Common Council provided he serves a notice of appeal in writing within ten (10) days after the first day of his suspension upon any member of the Board of Engineers or of the Public Safety Committee of the Common Council. Any determination of a majority of the Board or Committee shall be final.[1]
[1]
Editor's Note: This subsection was amended by L.L. No. 3-1981, which local law was deemed ineffective by L.L. No. 4-1983. Section I of L.L. No. 4-1983 provided as follows: "The Local Law No. 3 of 1981 is ineffective because it was never put to a mandatory public referendum. Therefore, any laws it attempted to replace remain intact and have never been changed."
[Amended by L. 1922, Ch. 613; repealed by L.L. No. 1-2009]
[Repealed by L.L. No. 1-2009]
[Added by L.L. No. 1-1937; amended by L.L. No. 1-1957; and by L.L. No. 1-2023]
The Mayor, after receiving recommendations from the Chief of the Fire Department, shall appoint qualified persons to be fire police of the City of Middletown. The Mayor shall appoint such number of persons to be fire police as he/she deems to be necessary and proper. The persons appointed as fire police shall hold office for one (1) year from time of appointment.
(1) 
All applicants for appointment as a fire policeman, shall be citizens of the United States, over the age of twenty-one (21) years, residents of the City of Middletown, and members of a volunteer fire company organized in the City of Middletown. No person shall be appointed as a fire policeman who shall have been previously convicted of a felony or a misdemeanor involving moral turpitude.
(2) 
All persons appointed as fire policemen shall take an oath of office as prescribed by New York General Municipal Law Section 209-c or any successor statute.
(3) 
No person may take the oath of office as a fire policeman without first completing all of the training required for peace officers and fire police by New York State law and the Division of Criminal Justice Services ("DCJS"), including training in the use of firearms and other weapons and in the use of physical and deadly physical force.
(4) 
Upon filing the oath of office with the City Clerk, such appointees shall thereupon, as required by New York State law, become vested while on duty with all the powers and shall discharge all the duties of peace officers.
(5) 
The Chief of the Middletown Fire Department or his/her designee must submit a Peace Officer Registry Entry/Certification of Initial Appointment form to DCJS for each new appointee. However, Section III of this form does not have to be completed; nor does the form have to include the signature of the City's Civil Service Administrator. Additionally, the Chief or his/her designee must annually transmit to DCJS no later than January 15th a list of those peace officers who are members of the fire police squad or those who have ceased to serve in the previous twelve months.
(6) 
It shall be the duty of the fire police, to detect and prevent fires; to place fire lines so as to provide facilities for the Fire Department to work advantageously; to keep unauthorized persons outside such fire lines; to aid and assist the police department in regulating highway traffic to and from all fires; to enforce all ordinances of the City relating to the protection of the fire department apparatus and members. The fire police shall obey all orders, rules and regulations as promulgated by the Chief or any assistant Chief of the Fire Department. Additionally, fire policemen, when not engaged in actual firefighting duties, are subject to and subordinate to the authority of all police officers, State Troopers, and County Sheriff's deputies.
(7) 
Fire police are not authorized to carry firearms or weapons while on duty, unless specifically authorized to do so by the Mayor for a specified event; however, no member of the fire police can carry a firearm on duty unless he/she possesses the appropriate license to do so pursuant to Section 400.00 of the New York Penal Law.
(8) 
The Mayor may at any time he/she deems necessary and for the public interest deputize and appoint for such period as he/she may direct, any fire policeman as a special police officer as provided by § 129 of this Charter and such fire police shall thereupon become vested with and shall discharge all the duties of police officers.
(9) 
Any fire policeman during the tenure of his/her appointment shall be accorded and possessed with the same rights and privileges if injured or killed while in the active performance of his/her duties as are now accorded and possessed by volunteer firemen by the laws of the State of New York.
(10) 
Fire police are to be disciplined in the same manner as paid firemen in accordance with Section 157-B of this Chapter. Fire police are subject to and entitled to the protections of all provisions of Section 157-B.
(11) 
For the purpose of furthering the objects for which they are appointed and in conformity with the requirements of the Fire Department, the fire police are authorized and empowered to form an organization to be known as the Middletown Fire Police; to elect one captain, one sergeant, one roundsman, a secretary and a treasurer, as their officers, and to adopt by-laws for the guidance of the organization not inconsistent with the provisions of this Charter, which by-laws must be approved by the Mayor and Common Council. Such fire police may adopt a uniform, cap and badge for their better identification, subject to the approval of the Chief of the Fire Department.
[Added by L.L. No. 2-1957, § 5]
The salaries and compensation of the paid firemen (drivers) of the City of Middletown, New York, shall be fixed by the Board of Estimate and Apportionment of the City, but no such salaries or compensation shall be effective until approved by the Common Council; provided, however, that the salaries and compensation to be received by the paid firemen (drivers) of said Fire Department, during the fiscal year beginning December 1, 1957 and during each subsequent fiscal year, shall not be less than the amount with increments as set forth in the schedule thereof in Title IV, Section 64, as amended by Section 1 of this local law.