[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms as Sec. 4-1 of the 1980 Code, as amended 2-18-1993. Subsequent amendments noted where applicable.]
Fireworks — See Sec. 5-5.
False alarms — See Sec. 7-1, § 7-1-17.
Open burning — See Sec. 11-3.
The Fire Department is the Bosque Farms Volunteer Fire Department, which shall consist of a Chief, Assistant Chief, and as many firefighters as may be deemed necessary from time to time by the Chief.
The Fire Department shall be operated and managed in accordance with such departmental rules and regulations as may be adopted by the Fire Department officers and approved by the Council, and not previously provided for in this Section 4-1. All departmental rules and regulations adopted by the Fire Department shall not be inconsistent with the rules and regulations relating to the Fire Protection Act issued by the State Fire Marshal. The Fire Department shall provide the governing body with Fire Department rules and regulations and any changes thereto for adoption and approval.
The Chief of the Fire Department shall be selected at an election by a two-thirds majority of the members of the Department whenever a vacancy occurs. The name of the person selected shall be submitted to the Mayor for recommendation to the Council for its confirmation (which requires a majority approval). An indefinite number of terms shall be allowed. Removal of the Fire Chief from office shall be accomplished by:
A recommendation by the Mayor to the Council for removal for misconduct, malfeasance, or criminal activity.
A petition signed by a two-thirds majority of the members of the Department submitted to the Mayor for recommendation to the Council for its approval. The Mayor shall then call for and preside over an election to select a successor.
The Fire Chief shall:
Be accountable to the Mayor for the personnel, morale, and general efficiency of the Department.
Direct the operations of the Fire Department, subject to the rules and regulations thereof.
Supervise the manner of handling fires personally whenever possible in order to minimize injury to persons and damage to property. During the progress of a fire, the authority of the Fire Chief in all matters connected with the management or direction thereof, or the disposition of property endangered by it, shall be absolute. All orders issued by him on such occasions shall be respected, and any firefighter or citizen refusing to obey the same is guilty of a misdemeanor.
Conduct suitable drills or instruction in the operation and handling of equipment, first aid and rescue work, salvage, pre-fire planning and fire prevention, establishment of fire zones, water supplies and all other matters generally considered essential to adequate fire protection and safety of life and property from loss by fire.
Assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin, and circumstances of all fires.
Inspect buildings and premises and serve written notice upon the owner or occupant to abate, within a specified time, any and all fire hazards that may be found. For the purpose of conducting such inspection, the Chief or Fire Prevention Officer may enter any and all buildings and premises within the municipality at any reasonable hour. Any person served with a notice to abate any fire hazard shall comply therewith and promptly notify the Chief of the remedial measures taken.
Keep complete records of all fires, inspections, apparatus and equipment, personnel, and other information concerning operations of the Department. He shall furnish the Council with such information as may be requested, and his records shall be open to public inspection at all reasonable times.
Make a complete annual report, in writing, to the Council within one month after the close of the fiscal year, such report to include the information specified in Subsection B(7) above, and any additions to the rules and regulations requiring Council approval, together with comparative experience data for previous years with recommendations for improving the effectiveness of the Department.
Demote, dismiss, or expel any officer or member of the Department for neglect or refusal to perform departmental duties, subject to the right of any members so demoted, dismissed, or expelled to appeal to the Council, or as provided by personnel rules and regulations.
Enforce or cause to be enforced all ordinances, laws and regulations of the Village and state, insofar as they pertain to fire and safety.
Appoint an Assistant Chief and other officers from the membership of the Department as deemed necessary by the Chief.
A roster of firefighters shall be maintained by the Fire Chief, chosen among applicants of able-bodied citizens residing within the Village limits. Property owners whose business activities are within the confines of the Village limits will be given preference. The firefighters shall be subject to supervision by the Fire Chief and other Fire Department officers, and shall be accountable thereto. Each member of the Department driving a privately owned vehicle to the scene of an incident or to the fire station shall have an issued insignia attached to the vehicle.
It shall be lawful for any firefighters acting under the direction of the Chief or another officer in command to enter upon the premises adjacent to or in the vicinity of any building or other property that is on fire, for the purpose of extinguishing such fire, and no person shall hinder, resist or obstruct any firefighter in the discharge of his duty as hereinbefore provided.
The Department shall be equipped with such apparatus and other equipment as may be required from time to time to maintain its efficiency and provide adequate fire protection. All equipment of the Department shall be safely and conveniently housed in such a place or places as may be designated by the Council. No person shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully take away or conceal any article used in any way by the Department. No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the Department unless accompanied by, or having special permission of, an officer or authorized member of the Department.
Recommendations for acquisition of necessary equipment and facilities shall be made by the Fire Chief; and shall be purchased in accordance with the State Fire Marshal's rules and regulations relating to the Fire Protection Fund Act and to the Procurement Code (NMSA 1978, § 12-1-28 et seq.). Acquisition of all equipment and facilities shall be made only with prior approval of the governing body of the Village of Bosque Farms.
The Village is hereby authorized to enter into mutual aid agreements outside the Village limits. The members of the Fire Department are authorized to render fire-fighting service to communities, organizations, owners or occupants of premises outside the corporate limits of the Village; such service shall only be rendered subject to the terms of the agreement or contract entered into by the Village.
The driver of an authorized emergency vehicle shall operate such vehicle pursuant to NMSA 1978, § 66-7-6.
Suitable alarm systems, arrangements or equipment shall be provided for use in turning in an alarm, and for alerting Department members to report to duty stations. It is unlawful for any person to maliciously turn in or cause to be turned in a false alarm, as set forth in § 7-1-17 of the Village Code. The Fire Chief shall provide necessary information to the public for procedures to turn in an alarm.