[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 9-10-1996 by L.L. No. 2-1996; amended in its entirety 9-15-1998 by L.L. No.
5-1998. Subsequent amendments noted where applicable.]
The Rye Brook Fire Department is established
to serve the fire protection and related needs of the Village of Rye
Brook.
Pursuant to Municipal Home Rule Law § 10,
Subdivision (1), Paragraph (ii)e(3), § 10-1000 of the Village
Law (as amended by Chapter 307 of the Laws of 1980) is amended in
its application to the Village of Rye Brook to add a Subdivision 12
to the powers enumerated in that section, to read as follows:
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12.
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May in the operations of the Rye Brook Fire
Department include, singly or in combination, paid and volunteer firefighters
together with firefighting and related services from public and/or
private sources acquired by contract, including but not limited to
a private, for-profit corporation.
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Except as otherwise provided in any fire protection
agreement, if there are paid firefighters, they shall have charge
of all apparatus and other equipment, and any voluntary department
shall act under the orders of such paid firefighters.
Pursuant to Municipal Home Rule Law § 10,
Subdivision (1), Paragraph (ii)e(3), Village Law § 412,
Subdivision (3), Paragraph (9)a (as added by Chapter 976 of the Laws
of 1973), is amended in its application to the Village of Rye Brook
to include a private, for-profit corporation as an entity with which
the Board of Trustees may contract for the provision of fire protection
and related services, so that Village Law § 4-412, Subdivision
(3), Paragraph (9)a, shall read as follows:
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(9)
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Fire protection and ambulance service.
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a.
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May contract for the furnishing of fire protection
within the Village with the fire department in the Village or with
any city, village, fire district, private for-profit corporation or
incorporated fire company having its headquarters outside such village
and maintaining adequate and suitable apparatus and appliances for
the furnishing of fire protection in such village. The contract also
may provide for the furnishing of emergency service in case of accidents,
calamities or other emergencies in connection with which the services
of firemen would be required, as well as in case of alarms of fire.
The contract also may provide for the furnishing of general ambulance
service, subject, however, to the provisions of § 200-9b
of the General Municipal Law. In the event that the fire department
or fire company furnishing fire protection within the Village pursuant
to contract does not maintain and operate an ambulance, then a separate
contract may be made for the furnishing within the Village of emergency
ambulance service or general ambulance service, or both, with any
city, village or fire district the fire department of which, or with
an incorporated fire company having its headquarters outside the Village
which, maintains and operates an ambulance, subject however, in the
case of general ambulance service, to the provisions of § 200-9b of
the General Municipal Law.
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The invalidity of any word, section, clause,
paragraph, sentence, part or provision of this chapter shall not affect
the validity of any other part of this chapter which can be given
effect without such invalid part or parts. Nothing in this chapter
shall constitute a limitation on any other power or authority of the
Village to enter into a fire protection contract.
