HomeMy WebLinkAbout1967-24 12-14 AP ORDINANCE NO --
AN ORDINANCE AMENDING CHAPIER 5 OF
THE CITY ORD!i.ANCES REi ATING TO ':HE
ESTABLISHMENT AND AUMIN1STr.AT!ON OF
A VOLUNTEER FIRE DEPARTMr ^IT AND
ESTABLISHING REGULATIONS
City of Brooklyn Center
THE CITY COUNCIL OF THE CITY OF
BROOKLYN CENTER DO ORDAIN AS FOL-
LOWS: THE BROOKLYN CENTER POST
m Section 1: Chapter 5, Sections 5 -101 AA
through 5 -112, is hereby amended by the de- (A continuation of the Brooklyn Center Press)
letion of the following:
(Volunteer Fire Department) , AFFIDAVIT OF PUBLICATION
(AN ORDINANCE PROVIDING FOR THE
ESTABLISHMENT OF A VOLUNTEER FIRE
DEPARTMENT AND MAKING RULES AND
REGULATIONS FOR THEGOVERNMENTOF
THE SAME.) STATE OF MINNESOTA
(Section 5 -101. FIRE DEPARTMENT ES-
TABLISHED. There is hereby established SS.
in this City a volunteer fire department COUNTY OF HENNEPIN
consisting of a Chief, an Assistant Chief,
such other subordinate officers as the vol-
unteer fire department may deem expedient,
and not less than twenty (20) nor more than
forty firemen,) E. C. L'Herault, being duly sworn, on oath says he is and) during all the times herein stated has been
(Sec on 5 -102. ELECTION. The Chief of the President of The Past Publishing Co., publisher and printer of the newspaper known as
the Fire Department and the Assistant Chief THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press)
shall be elected annually by the members and has full knowledge of the facts herein stated as follows:
of the department subject to confirmation (1) Said newspaper is printed in the English language in newspaper format and in column and
by the Council, Each shall hold office for one sheet form equivalent in printed space to 'at least 900 square inches. (2) �Said newspaper is a weekly
year and until his successor has been duly and is distributed at least once each week. (3) Said newspaper has 50i% of its news .columns devoted to
elected, except that he may be removed by news of local interest to the community which it purports to serve and does not wholly duplicate
the Council or by two - thirds vote of the entire any other publication and is not made up entirely of patents, plate matter and advertisements. (4)
department for cause and after a hearing. Said newspaper is circulated in and near the municipality which it purports to serve, has at least Son
Firemen and probationary firemen shall be copies regularly delivered to paying subscribers, has an average of at least 75 of its total circulation
appointed n the members of the department currently paid or no more than three months in arrears ands has entry as second - class matter in its local
post- office. (5) Said newspaper purports to serve the
and shall continue as members a o f the de-
m Village of Brooklyn Center
partment during good behavior, and may be in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab-
removed only for cause by a two - thirds lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of
vote of the entire department.) subscriptions and maintained by the managing officer of said newspaper or persons in its employ and! subject
(Section 5 -103, DUTIES OF CHIEF. The to his direction and control during all such regular hours and at which time said newspaper is printed.
Chief shall control over all of the fire (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said
fighting apparatus and shall be solely re- newspaper has complied with all the foregoing conditions for at least two years preceding the day or
sponsible for its care and condition. He shall dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
make a report, semi - annually, to the Council Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed
at its meeting in March and September, as by the Secretary of State and signed by the managing officer of said newspaper and sworn to before
to the condition of the equipment, the needs a notary public stating that the newspaper is a legal newspaper.
of the fire department, and the names of the
officers and members in good standing.
He may submit additional reportsand recom-
He further states on oath that the printed ........................... ...............................
mendations 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 toobey orders
pending action by the department on the hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and
member's discharge or retention,)
(Section 5 -104. RECORDS, The Chief shall
see that a complete record of all fires is published therein in the English language, once each week, for..,.... successive weeks; that it was
kept in convenient form. Such record shall
include the time of the alarm, location of first so published on ............. the.........` day of..........- ...... ....
fire, cause of fire (if known), type ofbutlding ' • "' ........
name of owner and tenant, purpose for which
occupied, value of building and contents, 19.... and was thereafter printed and pr published on every ..........................to and including
members of the department responding to the P
alarm, and such other information as he
may deem advisable or as may be required the.......... day of .......................... 19.... and that the following is a printed copy of the
from time to time by the Council or State
Insurance Department.)
(Section 5 -105, PRACTICE DRILLS, It lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
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 kind of type used in the composition and publication of said notice, to wit:
fire department and to give the firemen
instruction in approved methods of fire fight- abcdefghijklmnopgrstuvwxyz -6 pt. Newstext
ing and fire prevention.) abcdefghijkllnnopgrstuvwxyz -7 pt. Excelsior
(Section 5 -106, ASSISTANT CHIEF. In
the absence or disability of the Chief, the abedefghijklmnopgrsfuvwxya -7 /a Memphis Bold
Assistant Chief shall perform all the functions
and exercise all of the authority ofthe Chief.)
(Section 5 -107.. FIREMEN. The Chief, the
Assistant Chief and firemen shall not be less
than twenty -one (21) nor more than sixty - i•
(R ". t
(60) years of age and able- bodied. They shall • • • • • • • • • • •'`........... • • • • . • • • • • • • • • • • • • • • • •
become members of the fire department
only after a six (6) month s'probationaryper- Subscribed and sworn to before
Ind. The department may require that each
candidate, before he may become a pro-
bationary fireman, must satisfy certainmin me this ......................day of ........................... A.D., 19......
imum 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, (NOTARIAL SEAL)
shall forfeit membership in the department,) I�
f
(Section 5 -109. PRESENT MEMBERS.
y o c Persons who are members of the fire de Notary Public . ........................C Minnesota
e7 partment at the time of the adoption of this
ordinance shall not be required to serve a
probationary period before receiving fire- My Commission Expires ... .......................19......
mews rating,)
(Section 5 -110. RFLIEF ASSOCIATION.
The members and officers of the fire de-
partment shall organize themsehes into a
Firemen's Relief A ssociation,)
(section partment a. uirecrion of Department Personnel. Fire Department, and until the Fire De-
marshal shalll l be appointed annually b}• the e shall have the following classifications of t of the city d1 Brooklyn Center The Fire Chief shall supervise anddirect partment vehicles have passed. It shall
be FIRE MnnsHAL A ft
Mayor of the City line officers: all personnel of the Fire Department and be unlawful for the driver of any non-
Y Y u pop recommendation he Fire Chief a � istant F' 'Ire Chi Fire shall be responsible for establishing and
the fire chief and with the approval of the — - — - - rul
L enforcing es of conduct for depart- emergency vehicle to follow closer than
majority of the City Council, The fire marshal =Ptair.s, _ .,e eutenants, ..nd such five hundred (500) feet to any fire ap-
shall be compensated by the City inanamount e i ther offcers as n:ar be dcwm nec- paratus traveling in response to a fire
to be fixed monthly by the City Council essar - - --- - -- - -" men, personnel - - b. Keeping of Equipment, The Fire alarm, and it shall be unlawful to drive
on the basis of work performed, C. Appointment of Personnel, A point- Chief shall have control over all of the into or rk such non - emergency vehicle
-
p equi b}• pa
(The fire marshal shall examine all ment of pprobationary firemen shall be p inept and apparatus maintained within the block in which such fire ap-
property within the City and shall enforce made by fhe City Manager after consid- the Fire Department, and shall be re- P as stopped aratus h in answer to a fire
the ordinances of the City relating to the care eration of the recommendations of the sponsible for the care and condition of alarm, unless permitted or directed to do
of chimneys, storage and handling of ex- Fire Department and the Fire Chief, the equipment. In addition, the Fire Chief so by a police officer or member of
plosives, and enforce all other ordinances Appointments of regular firemen shall shall be responsible for the care and the Fire Department,
of the City and laws of the State of Min be made from the complement of pro- condition condition of the fire stations, b. Spectators at Emergency Scene.
nesota pertaining to precautions against pationary firemen by the City Manager + mo • . • • • • • • • • • • • • • • c. Annual Report and Budget, The Fire
Chief shall make an annual report to The officer of the Fire Department in
danger from fires. The fire marshal shall after consideration of the recomm command at the scene of any fire or
inspect dwellings and other buildings for tions of the Fire Department and the Fire Affidavit of PubliGlhon the City Manager setting forth the activi- other emergency shall have the authority
the purpose of making his examination, and Chief. Any resident of the City of Brook- ties of the Fire Department during the to establish an emergency zone within
he shall examine into the cause of every lyn Center between 21 and 35 years o f year preceding the report. In addition which no person except members of the
fire which shall happen in the City nd make age who meets established standards shall or he shall prepare a budget setting fort�i
Y the anticipated need of the Department Fire Department, Police the Z3vil
a complete report of the same, and make be eligible for appointment to the Fire authorized members of the Civil De- e-
report thereof monthly to the Chief of the Department, for the ensuing year, The Fire Chief fense Department shall enter, unless
fire department. He shall report all viola - _ — ReSidencv. All firemen shall be shall also submit such additional reports directed or permitted to do so by such
tions of ordinances of the City and laws residents of the City of Brooklyn Center, and recommendations as the City Man- officer in command. Nounauthorize.dper-
of the State relating to the public safety, in unless otherwise recommended by the ager may from time to time request, son shall enter upon the premises which
all public buildings, and shall sign and file Fire Chief and approved by the City d. Training and Drills, The Fire is the scene of a fire or alarm of fire
complaints before the proper prosecuting of manager • Chief shall be responsible for the proper or other emergency unless and until
officers for the enforcement of these ordin- e. Retirement Provisions. All person -, training of the members of the Depart- directed or permitted to do so by the
ances.) nel under age 60 who are members of ment and he shall schedule at least 4 Fire Department officer in command.
(The fire marshal shall be responsible the Brooklyn Center Fire Department on hours of drills per month and shall Live c. Removal of property Endangered
to the Chief of the fire department and shall the effective date of this ordinance shall the members instructions in approved by tire. Yoe lire Department officer in
hold office during his term unless removed retire from the Department prior to methods of fire fighting and fire preven- command at any fire or other emergency
for cause,) reaching the age of 60years. Those mein- Lion. command
stave power to cause the removal
Section 5 -112, INTERFERENCE WITH
Pis pi the Department Published in e. Keep of Records, The Fire of any ve pr owe whenever h shall removal
DEPARTMENT. It shall be unlawful for an who 60 or Chief snail keep in convenient form a come necessary for the preservation of
Y more years of age on the effective date o ; THE 6ROOKLYN CENTER POST complete record of all fires, Such forms such property from tire, or to prevent
person to give or make, or cause to be this ordinance shalt retire from the De- shall include the time of the alarm
given or made, an alarm of fire without partment on the effective date of this location of the fire cause of the fire the spreading of flee or to protect
probable cause, ortoneglectorrefu se to obey ordinance 5617 Corvallis Ave N. t adjoining property, ana to that end he
an}• reasonable order of the chief at a fire, (if known), type of building, name of may enter or authorize any member of
or to interfere with the fire department in Anyone who becomes a member of Iy iNNEAPOLI$ MINNESOTA 55429 owner and tenant, purpose for which
the Brooklyn Center Fire Department the Fire Department to enter an} 'premises
the discharge of its duties; and an occupied, estimated loss or damage,
convicted
y person after the effective date of this ordinancg names of firemen responding to the alarm, for the purpose of carrying out the intent,
deemed guilty violation of this section shall be after
reaching retire from the Department prior and such other info oration as he may of this subdivision,
lty of a misdemeanor, and shall d. Police Powers of Fire Department
that the City Manager mac extend the DATE OF PIIBLICATION
be punished by a tine of not more than One ing the age 56 years, except deem advisable or as may be required Personnel. At all times when the Fire
o
Hundred 00) Dollars imprisonment - - , Department is engaged in traveling to a
for not more ore than ninety (900 of members beyond age 56 or state Department of Insurance
) days for each membershi from time to time by the City Manager p fire or to the scene of an alarm of fire,
offense,) b sip h s,n is deemed be the section 5-104. DUTIES OF OTHER or is present at a fire, or the scene of an
Section 'L; Chapter 5oithe,Cdon st inte of the City of f Brooklyn OFFICERS,
o hereby amended by the addition of f the be the enter, a, As ire Chief. It shall
following; f, probationary Period. Any person the dui}' the he in officers of the Fire De alarm of fire, or other emergency, all
Assistant Fire Chief, in Department shall
and authority
appointed as a probatfonar }' fireman shall the absence ce of the Fire Chief, to rp_p d of the be vested with police powers orm to enforce trte provisions of this ordinance
Serve a probationar}" period of at least
AN ORDINANCE PROVIDING O TUL ATTORNEY all the functions and exercise all and to make arrests for the violation
�� � fix months duration, ration. authority of the Fire Chief• In addition, thereof. The Fire Department officer in
ESTABLISHJIF.NT AND he snail perform such other duties OF A VOLUNTEER FIRE DEp.)$T_ g, Suspension, Demotion or Discharge. ma • De delegated or assigned by t he command at the scene of a fire or a
OQ K
MENT FOR THE CITY OF BR ,YN Fir Chief, rescue emergency shall have the authority
( Any cerson servm as a probationar} to direct the operations of all police
CENTER AND ESTAF3L REGULA- fireman may be dis, ged from the rolls
TIONS RELATED TO FIRE Eh1F.RGEN of the Fire Department without recourse,
b. Fire Marshal. The Fire Marshal and civil defense personnel present at the
CIES AND PROVIDING PENALTIES FOR Any regular fireman or officer of the shall be in charge of the Bureau of Fire scene. The Fire Chief and the Fire Mar-
VIOLA71ONS OF PROVISIONS CON- Department may be disciplined by sus- prevention and he shall be responsible shal are hereby vested with all police
TAINED HEREIN 1 pension, demotion or discharge from Fire to the Fire Chief for the operations of
Section 5 -101. ESTABLISHMENT AND powers necessary to investigate the cause
Department duty by the City Manager, the Bureau, for the enforcement of the
CONTINUA o and circumstances of any fire, or
ON. Pursuant to Section 6. 2
T► yn Recommendation to the City Manager for FILED Fire Prevention Code, and for the en- alarm of fire, or other emergency requir-
and 6.03 of the City Charter, the Brooklyn disciplinary action may be initiated by forcement of all ordinances and laws
Center City Council, in order to protect the Fire Chief and /or a duly constituted related to fire prevention and safety. ing the attention of the Fire Department..
the lives and property and to promote the - Section 5 -106. TAMPERING WITH FIRE
P Pe Y P board of department members, p de- c. Fire Captains and Lieutenants. The
general health, safety and welfare of its partment member may within 72 hours af- Fire Captains and Lieutenants shall have ALARM SYSTEM AND ISS LS
FAE
citizens, does hereby establish a department ter receiving w •rittennotice ofdisclplinary responsibilities and shall rform such ALARMS. It shall be unlawful for any oer-
of City Government to be known as the , re g personally } tie son to tamper with or in any way interfe
action quest in writing to rsonall y duties as may be delegated re
or assigned
Brooklyn Center Volunteer Fire Department. with any element of any fire alarm system,
present his case before said board where- by the Fire Chfgf.
The personnel roster and the present general upon said board shall issue its recom- Section 5 -105. REGU LATIONS GOVERN- within the City. It shall e, likewise unlawful
activities of the existing Volunteer Fire De- mendations on the matter to the City CONDUCT AT THE SCENE OF A
P for any person to issue, or cause to be
partment, insofar as the do not conflict FIRE EMERGENCY.
_ THE BROOKLYN CENTER POST issued, an alarm of fire or other emergency"
Y Manager for his consideration.
with the provisions of this Ordinance, are h. Selection of Officers, _ The Fire a. Traffic. No person shall drive any condition when no fire or emergency condition
hereby authorized, approved and continued. Chief, Assistant Chief and Fire Marshal vehicle over an unprotected Lire nose exists,
carbon 5_10. PF.RSONNRT . 11 P
shall be appointed by the City Manager except at the direction or command of a Section 5 - 107. OBSTRUCTION OF THE
a. Classification and Complement, for a term of four (4) years upon re- olice officer or member of the Fire HYDRANTS. y person shall
Fire Department personnel shallbe class- p in such a way as to obstruct a fire hydrant,
filed as probationary firemen, regular Li f and considering the recommends- Department. Upon the approach of any The stopping or parking of a vehicle within
flop of the Fire Department. The other Fire Department vehicle givin si nal b
firemen and Officers. The coin lement p e g } 20 feet OI afire hydrant shall be deemed
icers shall be a
co offppointed by the bell, siren, horn, or flashing emergency
of the department shall consist of not an unlawful obstruction of such hydrant..
City Manager for a term of two ears lights, the driver of every other non -
more than 90 regular firemen, including upon receiving and considering the rec- emergency vehicle shall imm ediately section 5- 106. PENALTIES. Any person
officers "- 6
viotaung_ the provisions of Section 5 -1
b, Officers, Line officers and the Fie ommenda of the Fire Department, wivefie saiue io a aosi ias near as
Section 5 -103, DITTIES OF THE FIRE possible and parallel to the right -hand through 5 -107 of this ordinance shall. upoq
Marshall shall be selected from tbg CHIEF. edge or curb of the street, clear any - conviction thereof, be punished by a fine
ranks of regular firemen. The Fire De-
_ - intersection, and shall stop and remain not to exceed one hundred dollars ($100.00)
in such position unless otherwise directed
by a police officer or a member of the
or by imprisonment for a period not to
exceed ninety (90) days.
Section 3: Thisordinance chap( 1, r effective
after 1 +'wing
ils leg
Adopt(: uu�
k
Clerk
Published in the official Newspaper
Effective Date
(Brackets indicate matter to be deleted,
underline indicates new matter)
(Published in the Brooklyn Center Post,
Dec. 14, 1967.)