[HISTORY: Adopted by the Mayor and Council of the City of Española as Ch. 46, Art. III, of the Code of Ordinances. Amendments noted where applicable.]
[Amended 9-1-1998 by Ord. No. 603]
There is hereby created a Fire Department for the City.
[Amended 11-12-2019 by Ord. No. 2019-09]
The department created by this chapter shall consist of a Fire Chief and such number of firefighters as may be established from time to time.
[Amended 11-12-2019 by Ord. No. 2019-09]
A. 
Pursuant to NMSA 1978 § 3-18-1F and G and NMSA 1978 § 3-18-11B(1), the City may provide proper means for protection from fire and protect the property of its municipality and its inhabitants and preserve the health, safety, peace and order within the municipality. Therefore, the stated purpose of this section is to grant the Fire Department all authority necessary to protect life and property from the hazards created by fire, explosion, and similar emergencies.
B. 
The Fire Department shall have full and complete authority in connection with fighting, mitigating, and preventing the spread of any fire that may arise within the City, with the power to do and perform all necessary or expedient acts for the fighting of fire. When called to a fire, the Fire Department shall have:
(1) 
Full and complete authority of the premises to which it has been summoned until the fire has been extinguished and the premises are deemed safe by the Fire Department; and
(2) 
By emergency vehicle or by foot, the right of ingress and egress on all public or private streets, alleyways, roads, driveways, and thoroughfares located within the City limits or the City annexation areas.
C. 
The Fire Department shall have full and complete authority in connection with the provision of prehospital emergency medical services within the City, with the power to do and perform all necessary or expedient acts for the provision of these services.
D. 
The Fire Chief shall have full authority to sign agreements, approved by the City Manager and City Attorney, with landowners to implement fire hazard mitigation activities.
E. 
The Fire Department, its Chief and its members shall be diligent in the performance of their duties, and shall continually work to improve conditions in the City which may be hazardous for life and property from fire.
[Amended 11-12-2019 by Ord. No. 2019-09]
A. 
It shall be the right of the Fire Chief, or his designee under his direction, to inspect periodically every building or place within the City where kerosene, coal, oil, gasoline or other like combustibles or inflammables are kept or stored, and he shall swear out warrants with the Chief of Police for any person(s) failing, neglecting, or refusing to comply with any provisions, regulations, or requirements recommended by the Fire Department pertaining to such keeping or storing.
B. 
Any person violating the provisions of this section or who shall refuse to allow the Fire Chief or his designee to make proper inspection of the store, building, warehouse or house used as a store, building or warehouse, belonging to, or under the control of such person, shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article III, Violations and Penalties, § 1-19.
It shall be unlawful for any person to interfere with the fire engines, hook and ladders, or other apparatus connected therewith or belonging to the City or its Fire Department, or to interfere with any other fire-fighting equipment of the City.
[Amended 11-12-2019 by Ord. No. 2019-09]
It shall be unlawful for any person to obstruct, interfere with, hinder or delay any member of the Fire Department in the discharge of his duties.
[Amended 11-12-2019 by Ord. No. 2019-09]
Immediately upon the arrival upon the premises, the Fire Chief or next ranking officer of the Fire Department shall have sole and absolute possession and control of any and all buildings on fire within the City and shall so remain in possession and control until the fire shall be extinguished and premises abandoned by the Fire Department.
While endeavoring to control or extinguish the burning of any building or structure within the City, the Fire Department, under the order of its Chief or officer in charge, may enter and pass through and over any adjacent or neighboring lot, house and structure of any kind.
[Added 12-8-2020 by Ord. No. 2020-07]
A. 
The Fire Chief or his/her designee may assess such fees as approved by the governing body and specified in Chapter 171 of the Municipal Code.
B. 
A property owner may appeal any such fees by written request submitted to the Fire Chief within 15 days of the date of the notice of fee assessment. The Fire Chief shall convene an Appeals Board to be comprised of the Fire Chief and three other individuals appointed by the Fire Chief from the following City departments: 1) a representative of the City Administration; 2) a representative of the Planning and Land Use Department; and 3) an active firefighter with the Española Fire Department. The Appeals Board shall consider the testimony of the property owner, an evaluation of the circumstances, and determine if the fee should be waived for good cause shown. A tie vote of two to two by the members of the Appeals Board shall be deemed to be a denial of the property owner's appeal. In the event that the Appeals Board determines not to waive the fee, the property owner shall be responsible for any fees or costs incurred in the enforcement of this chapter. During the pendency of the appeal, the property owner's obligation to pay the fees shall be stayed.