There is hereby created and established a fire department in
the city.
(Ordinance 68, sec. I, adopted 4/21/58)
The members of the fire department shall be a chief, two assistant
chiefs, two (2) captains, two (2) lieutenants, and such other members
as may be deemed advisable by fire department. The chief and the assistant
chiefs shall be chosen by the members that make up said department,
and such choice shall be subject to the approval of the city council.
The department shall consist of two (2) regular organized fire companies
and subordinate to the chief and assistant chiefs. Each of them shall
be manned by a captain and lieutenant and such other men as the chief
may direct. The captain and lieutenant of each of said companies shall
be elected by the department and such election shall be subject to
the approval of the city council. Failure on the part of the fire
department to elect any said official within 10 days from the date
of disapproval by the city council shall give the city council the
right to fill said office for the fire department. All officers so
elected and approved shall be commissioned by the mayor. All members
of said department shall perform such duties as may be prescribed
from time to time by the orders of the city council to be executed
by the chief of the department.
(Ordinance 68, sec. II, adopted 4/21/58)
Included in the personnel of the fire department as hereinabove
provided, said department shall contain such full-time paid employees
or part-time paid employees as the city council may direct from time
to time; the hours of employment of the paid members of the fire department
and the compensation to be paid said members shall be fixed by the
council and subject to further orders of the council.
(Ordinance 68, sec. III, adopted 4/21/58)
The chief of the fire department shall be the executive officer
of the department. It shall be his duty and that of his assistant
to see that the laws, ordinances, rules and regulations concerning
the department and the operation thereof are carried into full force
and effect. It shall be the duty of the chief to enforce such rules
and regulations made from time to time to secure discipline in said
department. He shall have power to suspend any subordinate officers
or members for violation of such rules and regulations upon a temporary
basis until the next regular meeting, at which time the suspension
will be voted upon by the department and shall upon executing any
such suspension, forthwith in writing and at that time he will advise
the city council of the reasons therefor. He shall diligently observe
the condition of the fire apparatus and workings of said department
at all times, and shall report in writing at any time to the city
council and make in connection with said equipment such recommendations
as he may desire for the efficiency of said equipment and department.
In the absence of the chief, the assistant chief shall assume the
duties of said office of chief of the department.
(Ordinance 68, sec. IV, adopted 4/21/58)
The fire apparatus belonging to the city shall be kept in such
place or places as the city council shall from time to time provide,
and the company to which same may be assigned shall keep the equipment
in constant readiness for use.
(Ordinance 68, sec. IX, adopted 4/21/58)
It shall be the duty of the chief of the department and his
assistant whenever a fire shall occur in the city to immediately report
to the place of such fire and take proper measures for placing apparatus
in the most advantageous position. The assistant chief, captains and
lieutenants of the respective companies on arrival at a fire shall
immediately report to the chief; provided that, in the absence of
the chief or assistant chief, the first captain to arrive at the fire
shall be the person in command. When the chief shall arrive at a fire,
he shall have sole command over all other officers, all members of
the department and all other persons who may be present at the fire.
He shall take all proper measures for extinguishing the fire and protection
of property and preservation of the laws of the state and ordinances
of the city and regulations respecting fires.
(Ordinance 68, sec. V, adopted 4/21/58)
Whenever any building in the city is on fire, it shall be lawful
for the chief, or his assistant or acting chief, with the concurrence
of the mayor, to direct such building, or other building, or building
erection, fence or fences, which they may deem hazardous or likely
to catch fire and communicate to other buildings, to be immediately
razed, torn down, or otherwise destroyed for the purpose of checking
or otherwise extinguishing such fire, and neither the city council
or any individual member thereof, nor the chief of the department,
assistant chief, or any member of the department, shall in any wise
be held responsible for the damaging of property or the destruction
thereof that may occur by reason of the attempt of the department
to extinguish any fire.
(Ordinance 68, sec. VI, adopted 4/21/58)
All moving apparatus under the fire department shall have the
paramount right-of-way through all streets, thoroughfares, lanes,
alleys, places and courts of the city while en route to a fire, and
such apparatus, together with all other vehicles contiguous thereto,
shall take and keep to the right-hand side of the street unless the
same be obstructed, in order to give the apparatus of the fire department
the unobstructed use of the streets for the time being.
(Ordinance 68, sec. VII, adopted 4/21/58)
The fire department shall have the right, in time of fire, to
place ropes or guards across all streets, thoroughfares, lanes or
alleys on which shall be situated any building on fire and at such
other points as it may deem expedient and necessary, and the members
of said department who have been assigned by the chief for policing
purposes shall prevent any and all persons, except officers and members
of the fire department and owners and occupants of such buildings
endangered by the existing fires, from entering the lines designated
by ropes or guards.
(Ordinance 68, sec. VIII, adopted 4/21/58)
During the progress of a fire within the city, and for twenty-four
(24) hours after its extinguishment, it shall be lawful for the mayor,
chief of police or any councilman or any policeman of the city or
other officer in command of any fire company to arrest and keep in
custody all suspected persons and persons who conduct themselves in
a noisy or disorderly manner or hinder, resist or refuse to obey any
officer while acting in the discharge of his duty.
(Ordinance 68, sec. X, adopted 4/21/58)
The officers mentioned in section 5.03.010 shall be vested with full power and authority to command all persons present at any fire in the city to assist in the discharge of any duty under the supervision of such officer in the extinguishment of such fire, or the removal and preservation of property; provided that the person shall not be bound to obey such officers unless the officers shall wear their badge of office, or unless his official title shall be known or be made known to such person.
(Ordinance 68, sec. XI, adopted 4/21/58)
It shall be unlawful for any person or persons not a member
of the fire department to interfere with or in any manner hinder any
member or employee of the fire department in the discharge of his
duties as such.
(Ordinance 68, sec. XII, adopted 4/21/58)
It shall be unlawful for any person or persons not a member
of the fire department to handle or in any way interfere with any
of the apparatus belonging to or used by the fire department, either
at a fire or while traveling to or returning from a fire, or while
standing in the fire department quarters, or at any time, unless such
person or persons is requested to do so by an officer of the department.
(Ordinance 68, sec. XIII, adopted 4/21/58)
Any person or persons violating any provision of this article
shall be deemed guilty of a misdemeanor, or [and] upon conviction
of same shall be fined not less than $5.00 nor more than $2,000.00.
(Ordinance 68, sec. XIV, adopted 4/21/58; Ordinance 246 adopted 1/28/88)
As soon as possible after the effective date of this article,
the members of the fire department shall meet and effect their organization
for the purpose of the good order and well-being of the department,
the maintenance of harmony therein, and the full promotion of the
organization, and shall elect such officers as they may deem necessary
for the purpose of establishing discipline and to maintain a perfect
unity among themselves, as well as fully promoting the object for
which the association is organized, and to adopt a constitution and
bylaws which will be consistent with the ordinances of the city and
the laws of the state. Said constitution and bylaws shall be subject
to the approval of the city council, and any fire company or member
thereof failing or refusing to comply with such constitution, laws,
rules and regulations adopted by the fire department and approved
by the city council shall forfeit the rights of said department, and
to use of apparatus in its charge, and such apparatus shall be taken
charge of by the chief of the fire department until such company and
members thereof shall comply with such laws, rules and regulations,
or until another company shall have been regularly organized, at which
time the chief at his discretion shall have the right to turn said
apparatus over to the newly organized company.
(Ordinance 68, sec. XV, adopted 4/21/58)
The city council may at its discretion provide for the relief
of members of the fire department temporarily or permanently disabled
in the discharge of their duties, and shall have the right to provide
for the organization and administration of a pension fund for old,
disabled and infirm members of said department under such system,
rules and regulations as may be deemed advisable, whenever the finances
of the city will justify the undertaking of this service and subject
to the laws of the state.
(Ordinance 68, sec. XVI, adopted 4/21/58)
The city hereby elects to exempt itself from the requirements
of the act (Senate Bill No. 411 of the 1977 Legislature) creating
the firefighters’ relief and retirement fund, and elects not
to participate in any state firefighters’ relief and retirement
fund.
(Ordinance 162 adopted 9/22/77)
The city council shall retain control of all monies paid by
any political subdivisions, including federal, county, state or city,
or businesses, persons, or incorporations, for the benefit of the
fire department, and said money shall be kept in a special fund and
shall be disbursed by the city council at its discretion for the use
and benefit of the fire department. Any other funds derived by the
fire department through entertainment projects, except personal solicitation,
may be retained by the fire department and expended in such way or
manner as the fire department may desire.
(Ordinance 68, sec. XVII, adopted 4/21/58)
The city council shall provide each member of the fire department
a badge descriptive of the office in which said fireman is serving.
(Ordinance 68, sec. XVIII, adopted 4/21/58)
(a)
Installation and use of emergency equipment.
Active
members in good standing of the city’s volunteer fire department
be and are hereby authorized to install sirens and red lights on their
private cars, under the following terms and conditions:
(1)
Such emergency equipment (sirens and red lights) shall be used only
when an emergency exists and the volunteer fireman is on his way to
the fire hall to answer a fire call;
(2)
Each individual volunteer fireman must cover his vehicle with public
liability insurance within the minimum limits required by the financial
responsibility law of the state and must furnish a copy of such policy
to the city secretary.
(b)
Removal of emergency equipment.
When any volunteer fireman
leaves the fire department, or ceases to be an active member in good
standing, he will be required to remove such emergency equipment within
five (5) days.
(c)
Identification sticker.
Each volunteer fireman is hereby
authorized to place on his automobile a sticker showing that the owner
is a member of the city’s volunteer fire department. Such sticker
or emblem must be turned into the volunteer fire department within
five (5) days of the time that such member leaves the department or
loses his status of a member in good standing.
(Ordinance 114 adopted 5/12/66)
