[HISTORY: Adopted by the Borough Council of the Borough of Palmerton 12-19-2013 by Ord. No. 704. Amendments noted where applicable.[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 10, Fire Department, adopted 6-12-1978 by Ord. No. 380, as amended.
[Amended 7-27-2018 by Ord. No. 736]
The Palmerton Municipal Fire Company is hereby established in the Borough of Palmerton, Carbon County, Pennsylvania, and is hereby designated as an officially recognized fire company for the Borough. In the future, the Borough Council shall have the right to designate any other fire company to provide fire protection services to the Borough. Any fire company so designated by the Borough in the future shall join the Palmerton Fire Department. The Borough Council shall adopt standard operating guidelines/procedures for the Palmerton Fire Department.
A. 
The Fire Department recognized by the Borough is hereby authorized to provide such services to the Borough as may be necessary for the protection of property and persons located in the Borough, which include, but are not limited to, the extinguishments and prevention of loss of life and property from fire, automobile accidents, hazardous materials incidents, and other dangerous situations.
B. 
The Fire Department may also provide nonemergency and public service functions, such as removing water from property after storms and assisting in the removal, abatement and prevention of damage or injury to persons or property, whether through natural causes or man-made situations.
C. 
The Fire Department may also conduct and participate in such training activities and drills, either within or outside the Borough, as may be deemed necessary by the Fire Department Chief in order to maintain proficiency in providing the services.
D. 
The Fire Department may also respond to calls and provide the services to municipalities outside the Borough pursuant to any written mutual aid agreement approved by the Borough.
E. 
The Fire Department may engage in any ceremony or parade as may be deemed appropriate, subject to formal approval by the Borough Council.
F. 
The Fire Department may engage in fund-raising activities for the Fire Department as may be deemed appropriate by the officers of the Fire Department.
G. 
The Fire Department may engage in fire prevention, fire education, and other fire-related activities as may be deemed appropriate by the officers of the Fire Department.
H. 
Any nonemergency or non-fire-related activity proposed by the Fire Department, including use of vehicles or equipment, shall be approved by the Borough Manager or his designee.
[Amended 7-27-2018 by Ord. No. 736]
The Palmerton Fire Department will consist of Palmerton Municipal Fire Company.
[Amended 7-27-2018 by Ord. No. 736]
The departmental officers of the Fire Department of the Borough of Palmerton shall consist of one Fire Chief and one Assistant Fire Chief. The departmental Fire Chief and Assistant Fire Chief shall operate out of the centrally located Palmerton Municipal Fire Company Building. The Fire Chief and Assistant Fire Chief shall have control and authority over the Fire Department and shall be ultimately responsible for managing and coordinating efforts of the Department.
A. 
The Fire Chief and Assistant Fire Chief of the Palmerton Fire Department shall be appointed by the Borough Council annually and shall serve at the pleasure of the Council until such time as relieved of said duty by appropriate action by Borough Council or until successors are duly appointed.
B. 
The Fire Chief, Assistant Fire Chief and Chairperson of the Borough Council Safety Committee shall appoint the remaining officers with such terms, stipulations, requirements and duties as deemed appropriate by departmental standard operating guidelines/procedures.
A. 
In addition to the powers and duties of the Fire Chief as set forth in the standard operating guidelines/procedures, the Fire Chief shall have full charge and control over the fire apparatus, equipment of the Palmerton Municipal Fire Company and personnel at all times and shall give general directions as to how, when and where to use such apparatus and equipment. He shall be responsible for the condition and proper maintenance of all apparatus and equipment of the Fire Department and, to that end, shall, at all times, have free access to the firehouses for the purpose of inspecting such apparatus and equipment. He shall report the condition of such apparatus and equipment to the Council from time to time and, as often as he deems the same necessary, shall recommend to the Council repairs, renovations or replacements to firehouses, apparatus and equipment. It shall be the duty of the Fire Chief to report to the Council any unusual fire risks within the Borough and any fire hydrants or water mains which need special attention.
B. 
Additional powers and duties of Fire Chief at fires. The Fire Chief shall have the power to direct the Palmerton Municipal Fire Company to eject, dismiss or suspend from service any member of any fire company comprising the Palmerton Fire Department for disobedience of his orders; to enter any premises for the purpose of investigating the cause of or subduing a fire; to call to his assistance the police force of the Borough or any citizen to maintain peace or protect property at a fire; and to prosecute on behalf of the Borough any person for interfering with the Fire Department at a fire or for interfering with the fire hydrants or with any of the fire apparatus or equipment.
The Assistant Fire Chief shall perform the duties and have the powers set forth in the standard operating guidelines/procedures.
A. 
Eligibility for membership to the Palmerton Municipal Fire Company shall be by application to the Borough, subject to the recommendation of the Fire Chief and formal approval by Borough Council.
B. 
Probationary period.
(1) 
An individual whose application has been approved by the Borough Council shall become a member of the Palmerton Municipal Fire Company on a probationary basis.
(2) 
The probationary period shall last for six months, which shall begin upon the approval of the individual's membership by the Borough Council.
(3) 
During the probationary period, a disciplinary infraction by a probationary member in the following areas shall be cause for immediate removal of the probationary member from the fire company:
(a) 
Infractions regarding misuse of Fire Department equipment;
(b) 
Infractions involving dishonest or immoral conduct;
(c) 
Infractions which result in negative publicity of the Fire Department of the Borough; or
(d) 
Any violation of the standard operating guidelines/procedures.
(4) 
Following the expiration of the six-month probationary period, a member will no longer be considered on probationary status, and any infractions shall be handled by the guidelines/procedures set forth in the standard operating guidelines/procedures.
C. 
Once membership to the Palmerton Municipal Fire Company has been approved by the guidelines/procedures set forth in this section, the members shall serve exclusively for the Palmerton Municipal Fire Company. Members of the Palmerton Municipal Fire Company may, however, serve as social members in any other fire company or fire department.
[Amended 7-27-2018 by Ord. No. 736]
[Added 10-22-2015 by Ord. No. 719]
Members of the Palmerton Municipal Fire Company shall be appointed by the Borough Council on an annual basis in January of each year.
A. 
No person shall be allowed to ride upon Palmerton Municipal Fire Company vehicles or apparatus unless such person is an active member of the Palmerton Municipal Fire Company or unless such person has the prior approval of the Borough Manager or his designee.
B. 
No person shall make use of any fire apparatus, hose, or other equipment of the Fire Department, other than for the purpose for which the same was intended, without the prior consent of the Borough Manager or his designee.
A. 
All fire equipment, supplies and apparatus bought for the use of the Fire Department are to be the property of the Borough and under the control of the Borough Council, and nothing is to be sheltered in any firehouse of said Borough unless the same be under the control and with the knowledge of Borough Council.
B. 
An inventory shall be conducted annually and forwarded to the Borough Secretary by the 30th of November.
No alcoholic beverages shall be allowed on any Borough property, including on any fire trucks maintained or operated by the Palmerton Municipal Fire Company.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof before a Magisterial District Judge, be subject to a fine as provided in Chapter 1, General Provisions, Article II, § 1-17B.