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HomeMy WebLinkAbout1967-24 12-28 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 67 -24 AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF A VOLUNTEER FIRE DEPARTMENT AND ESTABLISHING REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 5, Sections 5 -101 through 5-112, is hereby amended by the deletion of the following: (Volunteer Fire Department) (AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A VOLUNTEER FIRE DEPARTMENT AND MAKING RULES AND REGULATIONS FOR THE GOVERNMENT OF THE SAME) (Section 5 -101. FIRE DEPARTMENT ESTABLISHED, There is hereby established in this City a volunteer fire department consisting of a Chief, an Assistant Chief, such other subordinate officers as the volunteer fire department may deem expedient, and not less than twenty(20) nor more than forty (40) firemen.) (Section 5 -102. ELECTION. The Chief of the Fire Department and the Assistant Chief shall be elected annually by the members of the department subject to confirmation by the Council. Each shall hold office for one year and until his successor has been duly elected, except that he may be removed by the Council or by two- thirds vote of the entire department for cause and after a hearing. Firemen and probationary firemen shall be appointed by the members of the department and shall continue as members of the department during good behavior, and may be removed only for cause by a two- thirds vote of the entire department.) (_Section 5 -103. DUTIES OF CHIEF. The Chief shall control over all of the fire fighting apparatus and shall be solely responsible for its care and condition. He shall make a report, semi - annually, to the Council at its meeting in March and September, as to the condition of the equipment, the needs of the fire department, and the names of the officers and members in good standing. He may submit additional reports and recommendations at any meeting of the Council. He shall be responsible for the proper training and discipline of the members of the fire department, and may suspend any member for refusal or neglect to obey orders pending action by the department on the member's discharge or retention.) (Section 5 -104. RECORDS. The Chief shall see that a complete record of all fires is kept in convenient form. Such record shall include the time of the alarm, location of fire, cause of fire (if known), type of building Ordinance No. 67 -24 name of owner and tenant, purpose for which occupied, value of building and contents, members of the department responding to the alarm, and such other information as he may deem advisable or as may be required from time to time by the Council or State Insurance Department.) (Section 5 -105. PRACTICE DRILLS. It shall be the duty of the Chief, when the weather permits, to hold a monthly practice drill of at least one hour's duration for the fire department and to give the firemen instruction in approved methods of fire fighting and fire prevention.) (Section 5 -106. ASSISTANT CHIEF. In the absence or disability of the Chief, the Assistant Chief shall perform all the functions and exercise all of the authority of the Chief.) (Section 5 -107. FIREMEN. The Chief, the Assistant Chief and firemen shall not be less than twenty -one (21) nor more than sixty (60) years of age and able- bodied. They shall became members of the fire department only after a six (6) months' probationary period. The department may require that each candidate, before he may become a probationary fireman, must satisfy certain minimum requirements which may be specified by the department; and that he must pass a satisfactory physical examination.) • (Section 5 -108. LOSS OF MEMBERSHIP. Firemen absent from four consecutive drills, calls, or meetings, without presenting an acceptable excuse therefor to the Department, shall forfeit membership in the department.) (Section 5 -109. PRESENT MEMBERS. Persons who are members of the fire department at the time of the adoption of this ordinance shall not be required to serve a probationary period before receiving firemen's rating.) (Section 5 -110. RELIEF ASSOCIATION. The members and officers of the fire department shall organize themselves into a Firemen's Relief Association.) (Section 5 -111. FIRE MARSHAL. A fire marshal shall be appointed annually by the Mayor of the City upon recommendation by the fire chief and with the approval of the majority of the City Council. The fire marshal shall be compensated by the City in an amount to be fixed monthly by the City Council on the basis of work performed.) (The fire marshal shall examine all property within the City and shall enforce the ordinances of the City relating to the care of chimneys, storage and handling of explosives, and enforce all other ordinances of the City and laws of the State of Minnesota pertaining to precautions against danger from fires. The fire marshal shall inspect dwellings and other buildings for the purpose of making his examination, and he shall examine into the cause of every fire which shall happen in the City and make a complete report of the same, and make a report thereof monthly to the Chief of the fire department. Ordinance No. 67 -24 He shall report all violations of ordinances of the City and laws of the State i relating to the public safety, in all public buildings, and shall sign and file complaints before the proper prosecuting of officers for the enforcement of these ordinances.) (The fire marshal shall be responsible to the Chief of the fire department and shall hold office during his term unless removed for cause.) (Section 5 -112. INTERFERENCE WITH DEPARTMENT. It shall be unlawful for any person to give or make, or cause to be given or made, an alarm of fire without probable cause, or to neglect or refuse to obey any reasonable order of the chief at a fire, or to interfere with the fire department in the discharge of its duties; and any person convicted of violation of this section shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not more than One Hundred ($100.00) Dollars or imprisonment for not more than ninety (90) days for each offense.) Section 2: Chapter 5 of the City Ordinances is hereby amended by the addition of the following: AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A VOLUNTEER FIRE DEPARTMENT FOR THE CITY OF BROOKLYN CENTER AND ESTABLISHING REGULATIONS RELATED TO FIRE EMERGENCIES AND PROVIDING PENALTIES FOR VIOLATIONS OF PROVISIONS CONTAINED HEREIN Section 5 -101. ESTABLISHMENT AND CONTINUATION. Pursuant to Section 6.02 and 6.03 of the Citv Charter, the Brooklvn Center City Council, in order to protect the lives and propertv and to promote the general health, safety and welfare of its citizens, does herebv establish a department of City Government to be known as the Brooklvn Center Volunteer Fire Department., The personnel roster and the present aeneral activities of the existing Volunteer Fire Department, insofar as they do not conflict with the provisions of this Ordinance, are herebv authorized, approved and continued. Section 5 -102. PERSONNEL. a. Classification and Complement. Fire Department personnel shall be classified as probationary firemen, regular firemen and officers. The complement of the department shall consist of not more than 40 regular, firemen, including officers. b. Officers. Line officers and the Fire Marshall shall be selected from the ranks of regular firemen. The Fire Department of the City of Brooklvn Center shall have the followina classifications of line 0 officers: Fire Chief, Assistant Fire Chief, Fire Captains. Fire Lieutenants, and such other officers as may be deemed necessarv. _ I Ordinance No. 67 -24 c. Appointment of Personnel. Appointment of probationary firemen shall be made by the City Manager after consideration of the recommendations of the Fire Department and the Fire Chief. Appointments of regular fire- men shall be made from the complement of probationary firemen by the City Manager, after consideration of the recommendations of the Fire Department and the Fire Chief. Anv resident of the City of Brooklyn Center between 21 and 35 years of aae who meets established standards shall be eligible for appointment to the Fire Department. d. Residencv. All firemen shall be residents of the City of Brooklyn Center unless otherwise recommended by the Fire Chief and approved by the City Manager. e. Retirement Provisions. All personnel under age 60 who are members of the Brooklvn Center Fire Department on the effective date of this ordinance shall retire from the Department prior to reaching the age of 60 vears. Those members of the Department who are 60 or more vears of aae on the effective date of this ordinance shall retire from the Department on the effective date of this ordinance. Anyone who becomes a member of the Brooklvn Center Fire • Department after the effective date of this ordinance shall retire from the Department prior to reaching the age of 56 years, except that the City Manager may extend the membership of members beyond age 56 if such extension is deemed to be in the best interests of the City of Brooklyn Center. f. Probationary Period. Anv person appointed as a probationary fireman shall serve a Probationary of at least six months duration. g. Suspension. Demotion or Discharge. Any person serving as a probationary fireman may be discharged from the rolls of the Fire Department without recourse. Anv regular fireman or officer of the Department may be disciplined by suspension. demotion or discharge from Fire Department duty by the City Manager. Recommendation to the City Manager for disciplinary action may be initiated by the Fire Chief and /or a dulv constituted board of department members. A department member may within 72 hours after receiving written notice of disciplinary action. reauest in writing to personally present his case before said board whereupon said board shall issue its recommenda- tion on the matter to the Citv Manaaer for his consideration. h. Selection of Officers. The Fire Chief, Assistant Chief and Fire Marshal shall be appointed by the Citv Manager for a term of four (4) years upon receiving and considering the recommendation of the Fire Department. The other line officers shall be appointed by the City Manager for a term of two vears upon receiving_ and considering the recommendation of the Fire Department. Ordinance No. 67 -24 Section 5 -103. DUTIES OF THE FIRE CHIEF. a. Direction of Department Personnel. The Fire Chief shall supervise and direct all personnel of the Fire Department and shall be responsible for establishing and enforcing rules of conduct for department personnel. b. Keeping of Equipment. The Fire Chief shall have control over all of the equipment and apparatus maintained by the Fire Department, and shall be responsible for the care and condition of the equipment. In addition, the Fire Chief shall be responsible for the care and condition of the fire stations. c. Annual Report and Budaet. The Fire Chief shall make an annual report to the City Manager setting forth the activities of the Fire Depart- ment during the year preceding the report. In addition, he shall prepare a budget setting forth the anticipated need of the Department for the ensuing year. The Fire Chief shall also submit such additional reports and recommendations as the City Manager may from time to time request. d. Training and Drills. The Fire Chief shall be responsible for the Proper training of the members of the Department and he shall schedule at least 4 hours of drills per month and shall give the members instruc- tions in approved methods of fire fighting and fire prevention. • e. Keeping of Records. The Fire Chief shall keep in convenient form a complete record of all fires. Such forms shall include the time of the alarm, location of the fire, cause of the fire (if known), type of building, name of owner and tenant, purpose for which occupied, estimated loss or damage, names of firemen responding to the alarm„ and such other information as he may deem advisable or as may be required from time to time by the City or State Department of Insurance. Section 5 -104. DUTIES OF OTHER OFFICERS. a. Assistant Fire Chief. It shall be the dutv of the Assistant Fire Chief, in the absence of the Fire Chief, to perform all the functions and exercise .all of the authority of the Fire Chief. In addition, he shall perform such other duties as may be delegated or assigned by the Fire Chief. b. Fire Marshal. The Fire Marshal shall be in charge of the Bureau of Fire Prevention and he shall be responsible to the Fire Chief for the operations of the Bureau, for the enforcement of the Fire Prevention Code, and for the enforcement of all ordinances and laws related to fire prevention and safety. c. Fire Captains and Lieutenants. The Fire Captains and Lieutenants shall have responsibilities and shall perform such duties as may be delegated or assigned by the Fire Chief. I I Ordinance No. 67 =24 Section 5 -105. REGULATIONS GOVERNING CONDUCT AT THE SCENE OF A FIRE EMERGENCY. a. Traffic. No person shall drive any vehicle over an unprotected fire hose except at the direction or command of a police officer or member of the Fire Department. Upon the approach of any Fire Department vehicle givinq signal by bell, siren, horn, or flashing emergencv lights, the driver of every other non - emerqency vehicle shall immediately drive the same to a position as near as possible and parallel to the riqht -hand edqe or curb of the street, clear of any intersection, and shall stop and remain in such position unless otherwise directed by a police officer or a member of the Fire Depart- ment, and until the Fire Department vehicles have passed. It shall be unlawful for the driver of any non - emergencv vehicle to follow closer than five hundred (500) feet to any fire apparatus traveling in response to a fire alarm, and it shall be unlawful to drive into or park such non - emergencv vehicle within the block in which such fire apparatus has stopped in answer to a fire alarm, unless permitted or directed to do so by a police officer or member of the Fire Department. b. Spectators at Emerqency Scene. The officer of the Fire Department in command at the scene of any fire or other emergency shall have the authority to establish an emergencv zone within which no person except members of the Fire Department, Police Department, or authorized members of the Civil Defense Department shall enter, unless directed or permitted to do so by such officer in command. No unauthorized person shall enter upon the premises which is the scene of a fire or alarm of fire, or other emergency, unl ess and until directed or permitted to do so by the Fire Department officer in command. c. Removal of Property Endanqered by Fire. The Fire Department officer in command at any fire or other emergencv shall have power to cause the removal of any property, whenever it shall become necessary for the preservation of such property from fire, or to prevent the spreading of fire, or to protect adjoining property, and to that end he may enter or authorize any member of the Fire Department to enter any premises for the purpose of carrying out the intent of this subdivision. d. Police Powers of Fire Department Personnel. At all times when the Fire Department is engaged in traveling to a fire or to the scene of an alarm of fire, or is present at a fire, or the scene of an alarm of fire, or other emeraencv. all officers of the Fire Department shall be vested with police powers and authority to enforce the provisions of this ordinance and to make arrests for the violation thereof. The Fire Department officer in command at the scene of a fire or a rescue go emergency shall have the authority to direct the operations of all police and civil defense personnel present at the scene. The Fire Chief and the Fire Marshal are hereby vested with all police powers necessary to investigate the cause, origin and circumstances of anv fire, or alarm of fire, or other emergency requiring the attention of the Fire Department, Ordinance No. 67 -24 Section 5 -106. TAMPERING WITH FIRE ALARM SYSTEM AND ISSUING FALSE ALARMS. It shall be unlawful for any person to tamper with or in any way interfere with any element of anv fire alarm system within the City. It shall be likewise unlawful for any person to issue, or cause to be issued, an alarm of fire or other emeraencv condition when no fire or emergency condition exists. Section 5 -107. OBSTRUCTION OF FIRE HYDRANTS. No person shall park any vehicle in such a wav as to obstruct a fire hvdrant. The stopping or parking of a vehicle within 20 feet of a_ fire hvdrant shall be deemed an unlawful obstruction of such hydrant. Section 5 -108. PENALTIES. Anv person violating the provisions of Section 5 -105 through 5 -107 of this ordinance shall, upon conviction thereof, be punished by a fine not to exceed one hundred dollars ($100.00) or by imprisonment for a period not to exceed ninety (90) days. Section 3: This ordinance shall be effective after adoption and upon 30 days following its legal publication. Adopted this 28th day of December 1967 . Mayor ATTEST: r Cle Published in the Official Newspaper December 14, 1967 Effective Date January 13, 1968 (Brackets indicate matter to be deleted, underline indicates new matter)