[Adopted 5-12-1947 (Ch. 35, Art. II of the 1971 Code)]
No fire apparatus shall be taken beyond the
territory limits of the City of Middletown, New York, to assist at
a fire or for any other purpose, except by order of the Fire Chief
or his authorized assistants and subject to the restrictions and conditions
hereinafter set forth and in conformity with the provisions of § 209
of the General Municipal Law of the State of New York.
The Chief of the Fire Department or his authorized
assistants are authorized, in their discretion, to permit one or more
fire companies to aid in the extinguishing of a fire in another city,
village, town, fire district, fire protection district or territory
outside the City of Middletown, New York, within a reasonable distance
from the City, under the following conditions:
A.
The members of the Fire Department, while engaged
in the performance of their duties in answering, attending upon or
returning from any call, shall have the same rights, privileges and
immunities as if performing the same in the City of Middletown, New
York.
B.
Any loss or damage to fire apparatus or other equipment
in answering, attending upon or returning from any call for assistance,
and any claim for medical expense, loss of wages, compensation benefits
or other claims arising by reason of injury or death of firemen, sustained
while answering, attending, upon or returning from any call for assistance,
shall be a charge against and paid by the city, village, town, fire
district, fire protection district or territory issuing the call for
assistance and in which the fire occurred.
C.
A request for assistance must come from the Mayor,
Fire Chief or some other authorized official or person.
D.
Calls may be responded to only by such apparatus which,
in the judgment of the Fire Chief, can be safely sent without unduly
impairing the fire protection within the City, and when highways and
weather conditions are favorable.
E.
The city, village, town, fire district, fire protection
district or territory requesting assistance must pay the charge for
apparatus and services hereinafter provided unless it maintains an
organized Fire Department.
F.
Calls for assistance shall be furnished to the fire
protection districts in the Town of Wallkill and Town of Wawayanda
in accordance with the terms of any agreements existing and in force
between said townships and City of Middletown, New York.
Nothing herein contained shall be construed
to authorize a general attendance upon all calls or fires in any particular
city, village, town, fire district, fire protection district or territory
unless a written agreement has been made authorizing such services.
[Amended 1-7-2008]
The Treasurer of the City of Middletown, New
York, be and is hereby authorized and directed to pay to the Clerk-Treasurer
of the Middletown Fire Department for the benefit and use of the volunteer
fire companies, annually, in an amount equal to 25% of the compensation
received by the City of Middletown for the use of its apparatus for
services performed in the Town of Wallkill and Town of Wawayanda or
from any other territory on which a charge is collected for such fire
protection service. All contracts made by the City of Middletown,
New York, whereby the services of the volunteer Fire Department are
to be supplied to provide fire protection outside of said City shall
have the consent of all volunteer fire companies in this City, as
provided by § 209-d of the General Municipal Law of the
State of New York.
