There is hereby established in the town a department to be known as the Sunnyvale Volunteer Fire and Rescue Department, the object of which shall be the prevention and suppression of fire and the protection of life and property within the limits of the town. The town volunteer fire and rescue department shall be the arson investigating unit of the town.
(Ordinance 434, sec. 2, adopted 6/12/06; 2006 Code, sec. 5.201)
The fire chief shall be the executive head of the fire and rescue department. He shall serve at the pleasure of and be appointed by the town council. The fire chief shall be selected based on his/her training, experience, executive and administrative qualifications and overall merit and fitness. The choice of a fire chief shall be limited to inhabitants of the town. The town council shall, prior to the appointment of the fire chief, confer with the receive recommendations from the membership of the town volunteer fire and rescue department, concerning the appointment of the fire chief.
(Ordinance 363 adopted 8/12/02; 2006 Code, sec. 5.202)
There shall be assistant fire chiefs appointed by the fire chief in accordance with the bylaws of the department. In the absence or disability of the fire chief, the ranking assistant fire chief shall perform all the functions and exercise all the authority of the fire chief.
(Ordinance 363 adopted 8/12/02; 2006 Code, sec. 5.203)
(a) 
The fire chief may serve as fire marshal, upon appointment by and at the pleasure of the town council. The fire chief, upon consultation with the emergency management director, may recommend to the town council the appointment of a fire marshal, and the town council may appoint such person to serve as fire marshal at the pleasure of the town council. The fire marshal is designated an arson investigator as that term is used in Vernon’s Ann. C.P.P. article 2.12(7). The fire marshal/arson investigator must obtain and maintain certification and license as a peace officer from the commission on law enforcement officer standards and education as set forth in V.T.C.A. Occupations Code chapter 1701.
(b) 
The department may consist of other officers as deemed necessary and appointed by the fire chief of the town volunteer fire and rescue department.
(Ordinance 434 adopted 6/12/06; 2006 Code, sec. 5.204)
(a) 
The fire chief shall be held accountable for the department only, and shall make written and verbal reports thereto as the town council may require.
(b) 
The fire chief shall determine the number and kind of companies of which the department is to be composed, and shall determine the response of such companies to alarms.
(c) 
The fire chief or other designated personnel are hereby empowered to enter any and all buildings and premises at any reasonable hour for the purpose of making inspections and to serve written notice upon the owner or occupant to abate, within a specified time, any and all fire hazards that may be found. Any person so served with a notice to abate any fire hazard shall comply therewith and promptly notify the fire chief.
(d) 
The fire chief shall see that complete records are kept on all fires, inspections, apparatus, and minor equipment, personnel and other information about the work of the department.
(e) 
The fire chief shall make budget requests to the town council in accordance with the bylaws of the department.
(Ordinance 363 adopted 8/12/02; 2006 Code, sec. 5.205)
The membership of the department shall consist of such persons as may be elected by the membership in accordance with the bylaws of the fire department.
(Ordinance 363 adopted 8/12/02; 2006 Code, sec. 5.206)
(a) 
All equipment of the department shall be safely and conveniently housed in such place as may be designated by the town council. Such place shall be heated during the winter season.
(b) 
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 without the consent of the fire chief and town manager.
(c) 
No person, other than duly elected members of the department, shall enter any place where fire apparatus or equipment belonging to the unit is housed unless accompanied by or having the special permission of the fire chief or town manager.
(d) 
The town is hereby authorized to enter into agreements or contracts with nearby incorporated communities or governing bodies of other organizations to provide the members of such communities or organizations with fire protection or to establish a mutual-aid system.
(e) 
No apparatus shall be hired out or permitted to leave the town without the consent of the fire chief. The officer in charge of the department shall have power to assign equipment for response to calls for outside aid in accordance with the standard operating procedures of the department and in other cases only when the absence of such equipment will not jeopardize protection in this town.
(Ordinance 363 adopted 8/12/02; 2006 Code, sec. 5.207; Ordinance adopting 2021 Code)
(a) 
Driving over fire hose.
No person shall drive any vehicle over a fire hose except upon specific orders from the fire chief or other officer in charge.
(b) 
Obstructing fire station or fire apparatus; parking near fire hydrant.
No person shall park any vehicle or otherwise cause any obstruction to be placed near the entrance to any fire station or other place where fire apparatus is stored or within ten (10) feet of any fire hydrant.
(c) 
Following fire apparatus; parking near fire.
No unauthorized person with any vehicle shall follow within six hundred (600) feet of any apparatus belonging to the department, nor park any vehicle with three hundred (300) feet of a fire.
(d) 
False alarms.
No person shall maliciously turn in or cause to be turned in a false alarm.
(Ordinance 363 adopted 8/12/02; 2006 Code, sec. 5.208)
(a) 
Any person violating any of the provisions of this article shall, upon conviction in the municipal court of the town, or before a justice of the peace, pay a fine as provided for in the general penalty provision found in section 1.01.009.
(b) 
All regularly appointed members of the fire department are hereby given the necessary special powers for the purpose of enforcing the provisions of this article.
(c) 
It is the special duty of the law enforcement personnel and/or other officers who may be on duty and available for fire duty to respond to all fire alarms inside the town limits and assist the fire department in the protection of life and property in regulating traffic, maintaining order and in enforcing observance of all sections of this article.
(Ordinance 363 adopted 8/12/02; 2006 Code, sec. 5.209)