The fire limits as now established in the city of Middletown
and the provisions regulating the erection of buildings within such
limits shall remain in force under this act, subject to the power
of the common council to alter the same.
[Repealed by L. 1916, Ch. 200]
[Amended by L. 1922, Ch. 613]
The common council shall have power by ordinance, to regulate
the construction of chimneys and compel the sweeping thereof to prevent
a dangerous construction or condition of chimneys, fireplaces, hearthstones,
stovepipes, ovens, boilers and apparatus used in any building or manufactory,
and to cause the same to be removed or placed in a safe and secure
condition when considered dangerous, to prevent the deposit of ashes
in unsafe places, to regulate and prevent the carrying on of manufactories
dangerous in causing or promoting fires, and to regulate and prevent
the use of fireworks and firearms within the city limits, to compel
the owners and occupants of houses and other buildings to have scuttles
in roofs, and stairs and ladders leading to the same; to prohibit
or regulate the keeping and conveying of gunpowder and other dangerous
material, and the use of candles and lights in barns, stables and
other buildings; also to prohibit or regulate the keeping and conveying
of petroleum, earth or rock oil, benzol, benzine, naphtha, kerosene,
camphene, or burning fluid of any kind or other dangerous material;
and to provide for the inspection of the same by an inspector appointed
by them; and in case of violation of the ordinances regulating the
same, to provide for the forfeiture thereof, or for such penalties
as by ordinance the common council may impose; to authorize the mayor,
aldermen, or other officers of said city to enter upon and inspect
any place or places for the purpose of ascertaining whether the same
is or are in a safe condition, and if not, to direct or cause the
same to be made so; to keep away from the vicinity of any fire all
idle and suspicious persons, to compel all officers of said city and
other persons to aid in the extinguishment of fires and in the preservation
of property exposed to danger thereat, to require all such further
and other acts to be done, and to regulate or prohibit the doing of
all such further or other acts as they may deem proper to prevent
the occurrence, and to provide for the extinguishment of fires in
said city, designating such portions of said city as they may deem
proper within which no building in whole or in part of wood or other
combustible material shall be erected, repaired, reroofed, made larger
or removed; to remove or provide for a removal thereof, if so erected,
repaired, rebuilt, reroofed, made larger or removed. The common council
shall also have the power to raze or demolish any building or erection
which by reason of fire or any other cause may become dangerous to
human life or health or tend to extend conflagration.
[Repealed by L. 1922, Ch. 613]
[Amended by L. 1922, Ch. 613; L. 1943, Ch. 710; L.L. No. 4-1954; L.L. No. 2-1961; L.L. No. 6-1963; L.L. No. 1-1993; L.L. No.
1-2011]
The Common Council shall purchase and procure fire engines and
other apparatus used for the extinguishment of fires and shall provide
fit and secure engine houses and other places for keeping and preserving
the same, whenever authorized by a vote of the inhabitants of said
City, and prescribed by this act, or whenever there are any unappropriated
funds belonging to said City. The Mayor shall have the charge and
control of the same as the chief executive officer of the City. The
Common Council shall have power to organize fire, hook and ladder
and hose companies. Said Council, upon recommendation of the Mayor,
shall also prescribe the duties of the Chief Engineer, and three (3)
assistants, clerk and treasurer, and said Council shall authorize
the continued membership of any firemen or appoint as firemen a competent
number of able and respected inhabitants of said City or of territory
outside the City which is afforded fire protection by the fire department
of the City, or any fire company thereof, pursuant to a contract for
fire protection, or who, if by reason of their residence in the vicinity
and their usual occupation will be available to render active services
as volunteer firemen in the City or in territory which is afforded
fire protection pursuant to a contract for fire protection by the
fire department in the City or a fire company thereof. The Mayor,
as the chief executive officer of the City, shall oversee the care
and management of the engines and other apparatus and implements used
or provided for the extinguishing of fires. The Chief Engineer shall
report and be responsible directly to the Mayor with respect to the
operations and needs of the Fire Department, and the Chief Engineer
shall so report to the Mayor as required by the Mayor. After receiving
recommendations from the Mayor, the Common Council shall prescribe
the duties of firemen, and make rules and regulations for their government;
shall impose such reasonable fines and forfeitures, as said Council
may deem proper, upon said firemen for violation of said rules and
regulations; and in the event of incapacity, neglect of duty or misconduct,
and upon recommendation of the Mayor, the Common Council shall have
the power to remove said firemen and to appoint others in their places.
[Added by L.L. No. 5-1942; amended by L.L. No. 4-1963; L.L. No. 1-1993]
In addition to such provisions of law and regulations as may
now be in force for the discipline of firemen of the city, the board
of engineers of the fire department of the City of Middletown, consisting
of the chief engineer, the first assistant engineer, the second assistant
engineer and the third assistant engineer, or the Public Safety Committee
of the Common Council, or Chief of the Fire Department, shall have
the power to discipline and punish, in the manner herein provided,
any paid fireman of the city, for neglect of duty or a violation of
any of the rules and regulations of the Fire Department establish
pursuant to law, or for disobedience of orders, absence from duty
without leave or any conduct deemed by such Board or Public Safety
Committee of the Common Council to be unbecoming a fireman. The powers
and proceedings of the said Board of Engineers or the Public Safety
Committee of the Common Council or Chief of the Fire Department to
discipline or punish firemen, shall be the following:
a. Before the said Board of Engineers or the Public Safety Committee
of the Common Council shall render any punishment or take any disciplinary
action affecting any such fireman, the matter must be brought to the
attention of the Board of Engineers or the Public Safety Committee
of the Common Council by a charge in writing which may be made by
any member of the Board or the Public Safety Committee of the Common
Council, by one paid fireman against another paid fireman, as well
as by a member of the public against a paid fireman. The paid fireman
shall be served, in the manner hereinafter set forth, with a notice
that charges thereof are preferred against him. The written charges
shall set forth in detail the nature of the complaint against the
paid fireman, and shall be signed and verified by the Chief of the
Fire Department if the charges are preferred by any member of the
Board of Engineers; or by the individual making the complaint, if
the charges are not preferred by a member of the Board of Engineers;
as hereinafter set forth, the verified statements of all witnesses
shall be annexed to and form a part of the written charges.
b. A copy of the written charges shall be served either personally or
by registered mail, addressed to his residence upon the paid fireman
against whom the same have been preferred, together with a notice
which shall set a time and place for a hearing thereon. The charges
shall be heard and determined either by the Board of Engineers or
by the Public Safety Committee of the Common Council, and it shall
be the privilege of the accused paid fireman to select which duly
constituted body shall hear and determine the charges. The time for
the hearing shall not be less than ten (10) days after service made
as aforesaid of a copy of the charges upon the paid fireman, who shall,
within five (5) days after said service, send a written notice either
to the Board of Engineers or to the Public Safety Committee of the
Common Council which body he has selected to hear and determine the
charges against him. If the accused paid fireman does not exercise
his said privilege, then and in that event, the charges shall be heard
and determined by the said Public Safety Committee of the Common Council.
The original verified written charges shall be delivered either to
the Board of Engineers or the Public Safety Committee of the Common
Council, as the case may be, at least five (5) days before said Board
or Committee is to hear and determine the charges. The originals of
all written statements of witnesses relating to the charges shall
be filed with the original verified written charges and copies thereof
shall be attached to the copy of the written charges served upon the
accused paid fireman. The accused paid fireman shall be allowed at
least eight (8) days and not more than nine (9) days for answering
the charges in writing. The said answer shall be filed with the Corporation
Counsel of the City of Middletown within the time limits specified.
c. In instances where paid firemen prefer charges, they shall at the
time of the alleged violation, call it to the attention of the individuals
present, specifying its character and notifying them that they may
be subject to being called as witnesses. Any attempted evasion of
this duty on the part of the paid fireman, or the giving of false
testimony, or the withholding of facts or other information, shall
subject said paid fireman to charges.
d. The hearing by the Board of Engineers or the Public Safety Committee
of the Common Council, as the case may be, may be public or private,
at the option of the paid fireman so charged. The accused paid fireman
shall have the right to be present at said hearing, with legal counsel,
to present evidence in his defense, and to examine and cross-examine
witnesses. The hearing may be held and determination made by the Board
of Engineers or the Public Safety Committee of the Common Council,
or a majority of members thereto. In connection with any such hearing,
the Board or the Committee, or any member thereof, shall have the
power to issue subpoenas for the attendance of witnesses at such hearing,
and any person duly served with a subpoena shall attend in obedience
thereof, and the Board of the Committee shall have the same authority
to enforce the subpoena and to punish for contempt thereof as is possessed
by the County Court of Orange County.
e. The Chief of the Fire Department may by written notice suspend a fireman from duty without pay pending a hearing and determination upon charges before the Board or Committee, but any such suspension shall not be for a longer period than thirty days. The chief of the Fire Department shall notify in writing the City Clerk and Collector of any such temporary suspension from duty of the said fireman pending the hearing. If the accused fireman shall be found guilty by a majority of the Board of engineers or a majority of the Public Safety Committee of the Common Council, the penalty or punishment may consist of (a) reprimand, (b) a fine not to exceed one hundred dollars ($100.) to be deducted from the salary or wages of such Fireman, (c) suspension from duty and from pay for a period not exceeding two months, (d) demotion in grade and title or dismissal from the service, provided, however, that the time during which paid fireman is suspended without pay may be considered as part of the penalty, (e) any paid fireman who has been found guilty may appeal for relief to the Middletown Civil Service Commission or to the duly constituted Courts, (f) the Chief of the Fire Department shall have the power to summarily suspend from duty without pay for not more than five (5) days any paid fireman of the Fire Department of the City of Middletown for flagrant violations of the Rules and Regulations, or when the reputation and discipline of the Department would suffer if such action were not taken. He shall immediately report each suspension to the City Clerk and Treasurer. Paid fireman suspended from duty shall not appear in uniform. Paid fireman under suspension shall personally report to the Chief Officer or dispatcher by 9:00 a.m. daily, but after reporting shall not be assigned to any duties until the suspension is revoked. Paid fireman shall not receive any remuneration for the period of their suspension from duty, unless and until restored to duty after trial and thereupon the paid fireman shall receive remuneration from and after the date of suspension, except that he shall not receive remuneration for the period of suspension or portion thereof which shall be considered as part of the penalty, and except further that said remuneration shall be less any earnings during such period in any other employment earned during any period corresponding to his regular tour of duty and any unemployment insurance benefits accrued during such period and except as otherwise stated herein. Any paid fireman summarily suspended by the Chief of the Fire Department in accordance with subdivision (f) of paragraph "e" of Section
157-B shall have a right to appeal to the Board of Engineers or the Public Safety Committee of the Common Council provided he serves a notice of appeal in writing within ten (10) days after the first day of his suspension upon any member of the Board of Engineers or of the Public Safety Committee of the Common Council. Any determination of a majority of the Board or Committee shall be final.
[Amended by L. 1922, Ch. 613; repealed by L.L. No. 1-2009]
[Repealed by L.L. No. 1-2009]
[Added by L.L. No. 1-1937; amended by L.L. No. 1-1957; and
by L.L. No. 1-2023]
The Mayor, after receiving recommendations from the Chief of
the Fire Department, shall appoint qualified persons to be fire police
of the City of Middletown. The Mayor shall appoint such number of
persons to be fire police as he/she deems to be necessary and proper.
The persons appointed as fire police shall hold office for one (1)
year from time of appointment.
(1) All applicants for appointment as a fire policeman, shall be citizens
of the United States, over the age of twenty-one (21) years, residents
of the City of Middletown, and members of a volunteer fire company
organized in the City of Middletown. No person shall be appointed
as a fire policeman who shall have been previously convicted of a
felony or a misdemeanor involving moral turpitude.
(2) All persons appointed as fire policemen shall take an oath of office
as prescribed by New York General Municipal Law Section 209-c or any
successor statute.
(3) No person may take the oath of office as a fire policeman without
first completing all of the training required for peace officers and
fire police by New York State law and the Division of Criminal Justice
Services ("DCJS"), including training in the use of firearms and other
weapons and in the use of physical and deadly physical force.
(4) Upon filing the oath of office with the City Clerk, such appointees
shall thereupon, as required by New York State law, become vested
while on duty with all the powers and shall discharge all the duties
of peace officers.
(5) The Chief of the Middletown Fire Department or his/her designee must
submit a Peace Officer Registry Entry/Certification of Initial Appointment
form to DCJS for each new appointee. However, Section III of this
form does not have to be completed; nor does the form have to include
the signature of the City's Civil Service Administrator. Additionally,
the Chief or his/her designee must annually transmit to DCJS no later
than January 15th a list of those peace officers who are members of
the fire police squad or those who have ceased to serve in the previous
twelve months.
(6) It shall be the duty of the fire police, to detect and prevent fires;
to place fire lines so as to provide facilities for the Fire Department
to work advantageously; to keep unauthorized persons outside such
fire lines; to aid and assist the police department in regulating
highway traffic to and from all fires; to enforce all ordinances of
the City relating to the protection of the fire department apparatus
and members. The fire police shall obey all orders, rules and regulations
as promulgated by the Chief or any assistant Chief of the Fire Department.
Additionally, fire policemen, when not engaged in actual firefighting
duties, are subject to and subordinate to the authority of all police
officers, State Troopers, and County Sheriff's deputies.
(7) Fire police are not authorized to carry firearms or weapons while
on duty, unless specifically authorized to do so by the Mayor for
a specified event; however, no member of the fire police can carry
a firearm on duty unless he/she possesses the appropriate license
to do so pursuant to Section 400.00 of the New York Penal Law.
(8) The Mayor may at any time he/she deems necessary and for the public interest deputize and appoint for such period as he/she may direct, any fire policeman as a special police officer as provided by §
129 of this Charter and such fire police shall thereupon become vested with and shall discharge all the duties of police officers.
(9) Any fire policeman during the tenure of his/her appointment shall
be accorded and possessed with the same rights and privileges if injured
or killed while in the active performance of his/her duties as are
now accorded and possessed by volunteer firemen by the laws of the
State of New York.
(10)
Fire police are to be disciplined in the same manner as paid firemen in accordance with Section
157-B of this Chapter. Fire police are subject to and entitled to the protections of all provisions of Section
157-B.
(11)
For the purpose of furthering the objects for which they are
appointed and in conformity with the requirements of the Fire Department,
the fire police are authorized and empowered to form an organization
to be known as the Middletown Fire Police; to elect one captain, one
sergeant, one roundsman, a secretary and a treasurer, as their officers,
and to adopt by-laws for the guidance of the organization not inconsistent
with the provisions of this Charter, which by-laws must be approved
by the Mayor and Common Council. Such fire police may adopt a uniform,
cap and badge for their better identification, subject to the approval
of the Chief of the Fire Department.
[Added by L.L. No. 2-1957, § 5]
The salaries and compensation of the paid firemen (drivers) of the City of Middletown, New York, shall be fixed by the Board of Estimate and Apportionment of the City, but no such salaries or compensation shall be effective until approved by the Common Council; provided, however, that the salaries and compensation to be received by the paid firemen (drivers) of said Fire Department, during the fiscal year beginning December 1, 1957 and during each subsequent fiscal year, shall not be less than the amount with increments as set forth in the schedule thereof in Title IV, Section
64, as amended by Section
1 of this local law.