[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.]
GENERAL REFERENCES
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.
A.
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:
(1)
A recommendation by the Mayor to the Council for removal for misconduct,
malfeasance, or criminal activity.
(2)
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.
B.
The Fire Chief shall:
(1)
Be accountable to the Mayor for the personnel, morale, and general
efficiency of the Department.
(2)
Direct the operations of the Fire Department, subject to the rules
and regulations thereof.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
Enforce or cause to be enforced all ordinances, laws and regulations
of the Village and state, insofar as they pertain to fire and safety.
(11)
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
