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HomeMy WebLinkAbout674 Amdm to Fire Ordinance383 ORDINANCE NO. 674 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 5, CHAPTER 3 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; RE- ENACTING TITLE 5, CHAPTER 3 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN TO PROVIDE PROVISIONS FOR THE MERIDIAN FIRE DEPARTMENT INCLUDING ORGANIZATION, OFFICERS, MEMBERS, DUTIES OF OFFICERS AND MEMBERS, VOLUNTEER FIREMEN'S ASSOCIATION,. INVESTIGATION OF CAUSE OF FIRE, INSPECTIONS, MEETINGS OF MEMBERS, .BLOCKADE OF STREETS IN CASE OF EMERGENCY, POLICE OFFICERS TO HANDLE TRAFFIC AND PREVENT INTERFERENCE WITH THE FIRE DEPARTMENT,. COMPENSATION OF MEMBERS, AND PENALTY; AND PROVIDING AN EFFECTIVE DATE.. WHEREAS, the Mayor and the City Council of the .City of Meridian,-State of Idaho, have concluded that it is in the best interest of the said City to repeal Chapter 3 of Title 5, Fire,Department, of the Revised and Compiled Ordinances of the City of Meridian and re- enacting said chapter #o provide new provisions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: `SECTION 1: That Chapter 3 of Title 5 of the Revised and Compiled Ordinances. of the City of Meridian is hereby repealed. SECTION 2: Than Chapter 3 of Title 5 of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and shall -real as follow: 5-301 ORGANIZATION: There is hereby created and established within the City of Meridian, Ada County,'ldaho, a Fire Department, which shall be known. and designated as the Meridian-Fire Department, and shall consist. of employed full-time members and non-employed volunteer members.: - 5-302 'OFFICERS: There shall be appointed by the Mayor, subject to confirmation by the City Council, a chief of said Fire Department who shall serve.at the pleasure of the Mayor and Council. 5-303 MEMBERS: The members of the F-ire Department shall be the chief, full- time employed fire fighters, and non-employed volunteer members. who are members of the MERIDIAN CITY/RURAL VOLUNTEER FIREMEN'S ASSOCIATION, INC. The full- time employed#ire fighters, from anc~ after the date of enactment of this Ordinance, must have previously-been non-employed volunteer firefighters for the City of Meridian and members of the MERIDIAN CITYIRURAL VOLUNTEER FIREMEN'S ASSOCIATION, INC. Future employed full-time fire fighters must also.have served.as non-employed,votunteer fire fighters for the City of Meridian and have been members of the MERIDIAN CITYIRURAL VOLUNTEER FIREMEN'S ASSOCIATION, INC., if,there are such qualified non-employed volunteerfremen seeking to become full-time employed firemen. The. list of non-employed volunteer firemen who have stated they desire to be hired as a full-time employed fire fighter shall be the lisf of persons eligible to be hired by the City of Meridian as employed full-time Meridian firemen. Applicants to become non-employed volunteer members shall apply and b'e selected non-employed volunteer members by the Meridian Fire Chief. The Fire Chief may request. a: recommendation from .the Volunteer's Association for the selection of non-employed volunteer firemen. The hiring of .full-time employed firemen shall be in the complete discretion of the Fire Chief. The reason for the section by the Fire Chief of the non-employed volunteer fire fighter is the following: AMENDED FIRE ORDINANCE N0.674 ;PAGE 1 384 To ensure that the volunteers have the physical and mental capabilities to be full-time employed firemen. 2. To ensure that the volunteers have the ability to perform the duties of a full-time employed fire fighter. : 3. Because when called out to perform duties of a Meridian fire fighter or attending meetings of the Fire Department, the non-employed volunteer firemen are compensated by the Gity. The Fire Chief shall require health and physical testing of all. applicants to become volunteer firemen as he deems necessary. When the Fire Chief desires to hire additional full-time firemen he shall so inform the non-employed volunteer firemen and they may apply to him to become full-time employed firemen. 5-304 DUTIES OF OFFICERS AND MEMBERS: The Chief of the Fire Department, shall have, subject to the approval of the Mayor and City Council, supervision of all the affairs and- business of the Fire Department, control of all Fire .Department property and equipment, and the work or all the employees thereof and of the volunteers when they are performing duties as a fire fighter and when at fire meetings. While attending emergency calls and returning therefrom, the Fire Chief, shall have the authority of a police officer. 5-305 VOLUNTEER FIREMEN'S ASSOCIATION: The- City: recognizes the MERIDIAN CITY/RURAL VOLUNTEER FIREMEN'S ASSOCIATION, INC., a nonprofit non- governmental corporation, which was initially organized as a group of volunteer firemen to fight fires and respond to emergencies in the City of Meridian and in the Meridian Rural Fire District. It was incorporated prior to the City of Meridian having any employed firemen and continues to be a group of volunteer firemen who volunteer to assist the City of Meridian and the Meridian Rural Fire District to fight fires and respond to emergencies. When responding to a fire or other emergency in the City of Meridian, the City of Meridian did, and does now, compensate the volunteers. When responding to a fire or other emergency in the Meridian Rural Fire District, the Meridian Rural Fire District did, and does now, compensate the volunteers. The City of Meridian has no control, ownership, or financial interest in the MERIDIAN CITY/RURAL VOLUNTEER FIREMEN'S ASSOCIATION, INC., hereafter referred to as the ASSOCIATION,. but does. desire to continue to call on the volunteers for assistance and use them as prospective. eligible employed full-time employed firemen, and for that assistance shall provide its members with a meeting place where they may hold association meetings and compensate them when performing fire fighting in the City of Meridian and attending meetings and training sessions. Under its own direction and governance, and not the City of Meridian's, the City understands that it is in charge of fund-raising functions, social affairs, burn-out fund, and the management of them, which all benefit the citizens of the. City of Meridian, but over which the City has no control. - 5-306 INVESTIGATION OF CAUSE OF FIRE: The Chie# of the Fire Department, or his designee shalt, after any fire is extinguished, rnake a prompt and thorough investigation of the cause thereof, .the amount of loss, and other particulars and shall. enter the same in a record book kept for that purpose in the office of said department. 5-307 INSPECTIONS: It shall be the duty of the-Chief of the Fire Department to inspect, or cause to be inspected by the members of the Fire Department, as often as may be necessary, all buildings, premises and public thoroughfares, except the interior. of private dwellings, within the corporate limits of the City of Meridian, for the purpose of ascertaining and causing to be corrected .any .conditions liable to cause .fire or any violations of the provisions of the Uniform Fire Code, and any ordinances of the City of Meridian affecting any hazards. He/she shall make a written report of the, conditions found in making such inspections, which will be filed in the office of said. department. AMENDED FIRE ORDINANCE N0.674 PAGE 2 385 5-308 MEETING OF MEMBERS: The Fire Department' shall hold regular meetings. The Chief of the Department or any other member designated by the Chief, shall preside over all meetings of the department. It shall be the duty of the officers to report all attendance at such meetings, to supervise the correspondence of the department and to perform such other duties s may be hereafter prescribed by the department and the City Council. 5-309 BLOCKADE OF STREETS IN CASE OF EMERGENCY; NOT TO FOLLOW EMERGENCY VEHICLE; NOT TO PARK WITHIN 500 FEET OF EMERGENCY: a. In case of emergency is shall be lawful for the Chief of the Department, or in his/her absence the person in command of such Department, to blockade any street, avenue, alley, sidewalk or other place, if in his/her judgement it is necessary to insure the efficient working of the emergency personnel and apparatus, or to protect the hose or emergency equipment from. damage. It shah be unlawful for any person to break through or attempt to break through the blockade mentioned in this section, or at any time to run over or attempt to run over the hose of the Fire Department with any automobile, truck, motorcycle or other vehicle, or for any person driving or having charge of any automobile, truck, motorcycle or other vehicle, to witlfully disturb, impede or otherwise interfere with the operation of the Fire Department, or its officers, members or employees, either while answering any alarm or while in attendance upon any emergency. b. It shall be unlawful for any person to drive a vehicle within a distance of five hundred (500) feet of any emergency vehicle traveling to the scene of an emergency. c. It shall be unlawful for any person, other than Fire Department personnel, to park any vehicle within a distance of five hundred (500) feet in any direction from the point where any emergency vehicle is engaged in combat of an emergency. 5-310 POLICE OFFICERS TO HAND TRAFFIC AND PREVENT INTERFERENCE WITH THE FIRE DEPARTMENT: The Chief of the Fire Department, or in his/her absence the person in command thereof, is authorized to request the Chief of Police or other officer in charge of the police department, and it shall be the duty of such officer, whether or not requested, to furnish a detail of police officers to assist in handling traffic and to protect the Fire Department from interference and to keep the streets and highways at, or and in this vicinity of such emergency, free from vehicles or other obstructions that might interfere with the Fire Department in its operation. 5-311 COMPENSATION OF MEMBERS: a. EMPLOYEES: Each Employed member of the Fire Department shall be paid a salary and benefits as determined by the Fire Chief and approved by the City Council. b. VOLUNTEERS: Each volunteer member of the Fire Department in ~ attendance and assisting at any emergency, or attending meetings or training sessions, shall receive compensation. 5-312 PENALTY: Any person who shall violate any of the provisions of Section 5- 309 or this Chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of, but not to exceed THREE HUNDRED DOLLARS ($300.00) or by imprisonment for not more than THIRTY (30) days in the Ada County Jail, or by both such fine and imprisonment. SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. AMENDED:FIRE ORDINANCE N0.674 PAGES ' 386 PASSED AND APPROVED this 20th day of September, ~ 994. APPROVED: G T P. KINGSF RD, R ATTEST: ~~ ~ ~~ WILLIAM G, BERG, JR., CI C ERK AMENDED FIRE ORDINANCE NO. 674 PAGE 4 ORDINANCE NO. #674 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 5, CHAPTER 3 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; RE-ENACTING TITLE 5, CHAPTER 3 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN TO PROVIDE PROVISIONS FOR THE MERIDIAN FIRE DEPARTMENT INCLUDING ORGANIZATION, OFFICERS, MEMBERS, DUTIES OF OFFICERS AND MEMBERS, VOLUNTEER FIREMEN'S ASSOCIATION, INVESTIGATION OF CAUSE OF FIRE, INSPECTIONS, MEETINGS OF MEMBERS, BLOCKADE OF STREETS IN CASE OF EMERGENCY, POLICE OFFICERS TO HANDLE TRAFFIC AND PREVENT INTERFERENCE WITH THE FIRE DEPARTMENT, COMPENSATION OF MEMBERS, AND PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to repeal Chapter 3 of Title 5, Fire Department, of the Revised and Compiled Ordinances of the City of Meridian and re-enacting said chapter to provide new provisions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 3 of Title 5 of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. SECTION 2: That Chapter 3 of Title 5 of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and shall read as follows: 5-301 ORGANIZATION: There is hereby created and established within The City of Meridian, Ada County, Idaho, a Fire Department, which shall be known and designated as the Meridian Fire Department, and shall consist of employed full-time members and non -employed volunteer members. 5-302 OFFICERS: There shall be appointed by the Mayor, subject to confirmation by the City Council, a chief of said Fire Department who shall serve at the pleasure of the Mayor and Council. 5-303 MEMBERS: The members of the Fire Department shall be the Chief, full-time employed fire fighters, volunteer members who are members of the MERIDIAN oCITY/RURAL AMENDED FIRE ORDINANCE NO. 674 Page 1 VOLUNTEER FIREMEN'S ASSOCIATION, INC. The full-time employed fire fighters, from and after the date of enactment of this Ordinance, must have previously been non -employed volunteer fire fighters for the City of Meridian and members of the MERIDIAN CITY/RURAL VOLUNTEER FIREMEN'S ASSOCIATION, INC. Future employed full-time fire fighters must also have served as non -employed volunteer fire fighters for the City of Meridian and have been members of the MERIDIAN CITY/RURAL VOLUNTEER FIREMEN'S ASSOCIATION, INC., if there are such qualified non -employed volunteer firemen seeking to become full-time employed firemen. The list of non -employed volunteer firemen who have stated they desire to be hired as a full-time employed fire fighter shall be the list of persons eligible to be hired by the City of Meridian as employed full-time Meridian firemen. Applicants to become non -employed volunteer members shall apply and be selected non -employed volunteer members by the Meridian Fire Chief. The Fire Chief may request a recommendation from the Volunteer's Association for the selection of non -employed volunteer firemen. The hiring of full-time employed firemen shall be in the complete discretion of the Fire Chief. The reason for the selection by the Fire Chief of the non -employed volunteer fire fighter is the following: 1. To ensure that the volunteers have the physical and mental capabilities to be full-time employed firemen. 2. To ensure that the volunteers have the ability to perform the duties of a full-time employed fire fighter. 3. Because when called on to perform duties of a Meridian fire fighter or attending meetings of the Fire Department, the non -employed volunteer firemen are compensated by the City. The Fire Chief shall require health and physical testing of all applicants to become volunteer firemen as he deems necessary. When the Fire Chief desires to hire additional full-time firemen he shall so inform the non -employed volunteer firemen and they may apply to him to become full-time employed firemen. 5-304 DUTIES OF OFFICERS AND MEMBERS: The Chief of the Fire Department shall have, subject to the approval of the Mayor and City Council, supervision of all the affairs and business of the Fire Department, control of all Fire Department property and equipment, and the work of all the employees thereof and of the volunteers when they are performing duties as a fire fighter and when at fire meetings. While attending emergency calls and returning therefrom, the Fire Chief, shall have the authority of a Police officer. 5-305 VOLUNTEER FIREMEN'S ASSOCIATION: The Cit recognizes the MERIDIAN CITY/RURAL VOLUNTEER FIREMEN'S ASSOCIATIONy INC., a nonprofit non -governmental corporation, which was initially AMENDED FIRE ORDINANCE NO. 674 �'' Page 2 organized as a group of volunteer firemen to fight fires and respond to emergencies in the City of Meridian and in the Meridian Rural Fire District. It was incorporated prior to the City of Meridian having any employed firemen and continues to be a group of volunteer firemen who volunteer to assist the City of Meridian and the Meridian Rural Fire District to fight fires and respond to emergencies. When responding to a fire or other emergency in the City of Meridian, the City of Meridian did, and does now, compensate the volunteers. When responding to a fire or other emergency in the Meridian Rural Fire District, the Meridian Rural Fire District did, and does now, compensate the volunteers. The City of Meridian has no control, ownership, or financial interest in the MERIDIAN CITY/RURAL VOLUNTEER FIREMEN'S ASSOCIATION, INC., hereafter referred to as the ASSOCIATION, but does desire to continue to call on the volunteers for assistance and use them as prospective eligible employed full-time employed firemen, and for that assistance shall provide its members with a meeting place where they may hold association meetings and compensate them when performing fire fighting in the City of Meridian and attending meetings and training sessions. Under its own direction and governance, and not the City of Meridian's, the City understands that it is in charge of fund-raising functions, social affairs, burn -out fund, and the management of them, which all benefit the citizens of the City of Meridian, but over which the City has no control. 5-306 INVESTIGATION OF CAUSE OF FIRE: The Chief of the Fire Department, or his designee shall, after any fire is extinguished, make a prompt and thorough investigation of the cause thereof, the amount of loss, and other particulars and shall enter the same in a record book kept for that purpose in the office of said department. 5-307 INSPECTIONS: It shall be the duty of the Chief of the Fire Department to inspect, or cause to be inspected by the members of the Fire Department, as often as may be necessary, all buildings, premises and public thoroughfares, except the interior of private dwellings, within the corporate limits of the City of Meridian, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of the provisions of the Uniform Fire Code, and any ordinances of the City of Meridian affecting any hazards. He/she shall make a written report of the conditions found in making such inspections, which will be filed in the office of said department. 5-308 MEETING OF MEMBERS: The Fire department shall hold regular meetings. The Chief of the Department or any other member designated by the Chief, shall preside over all meetings of the department. It shall be the duty of the officers to report all attendance at such meetings, to supervise the correspondence of the department and to perform such other duties as may be hereafter prescribed by the department and the City Council. AMENDED FIRE ORDINANCE NO. 674 Page 3 5-309 BLOCKADE OF STREETS IN CASE OF EMERGENCY; NOT TO FOLLOW EMERGENCY VEHICLE; NOT TO PARK WITHIN 500 FEET OF EMERGENCY: a. In case of emergency it shall be lawful for the Chief of the Department, or in his/her absence the person in command of such Department, to blockade any street, avenue, alley, sidewalk or other place, if in his/her judgment it is necessary to insure the efficient working of the emergency personnel and apparatus, or to protect the hose or emergency equipment from damage. It shall be unlawful for any person to break through or attempt to break through the blockade mentioned in this section, or at any time to run over or attempt to run over the hose of the Fire Department with any automobile, truck, motorcycle or other vehicle, or for any person driving or having charge of an automobile, truck, motorcycle or other vehicle, to willfully disturb, impede or otherwise interfere with the operation of the Fire Department, or its officers, members or employees, either while answering any alarm or while in attendance upon any emergency. b. It shall be unlawful for any person to drive a vehicle within a distance of five hundred (500) feet of any emergency vehicle traveling to the scene of an emergency. C. It shall be unlawful for any person, other than Fire Department personnel, to park any vehicle within a distance of five hundred (500) feet in any direction from the point where any emergency vehicle is engaged in combat of an emergency. 5-310 POLICE OFFICERS TO HANDLE TRAFFIC AND PREVENT INTERFERENCE WITH THE FIRE DEPARTMENT: The Chief of the Fire Department, or in his/her absence the person in command thereof, is authorized to request the Chief of Police or other officer in charge of the police department, and it shall be the duty of such officer, whether or not so requested, to furnish a detail of police officers to assist in handling traffic and to protect the Fire Department from interference and to keep the streets and highways at, or and in the vicinity of such emergency, free from vehicles or other obstructions that might interfere with the Fire Department in its operation. 5-311 COMPENSATION OF MEMBERS: a. EMPLOYEES: Each Employed member of the Fire Department shall be paid a salary and benefits as determined by the Fire Chief and approved by the City Council. B. VOLUNTEERS: Each volunteer member of the Fire Department in attendance and assisting at any emergency, or attending meetings or training sessions, shall receive compensation. AMENDED FIRE ORDINANCE NO. 674 Page 4 5-312 PENALTY: Any person who shall violate any of the provisions of Section 5-309 of this Chapter shall be guilty of a L. misdemeanor and upon conviction thereof, shall be punished by a fine of, but not to exceed, THREE HUNDRED DOLLARS ($300.00), or by imprisonment for not more than THIRTY (30) days in the Ada County Jail, or by both such fine and imprisonment. SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 2t);�kday of J-4a& ,-bz-t' 1994. CITY OF MERIDIAN ATTEST: 4GT P. KINGSFORD MAY WILLIAM G. BERG, JR - iITY CLERK AMENDED FIRE ORDINANCE NO. 674 Page 5