Loading...
HomeMy WebLinkAboutOrdinance #1653 ORDINANCE NO. 1653 AN ORDINANCE REPLACING CERTAIN CHAPTERS OF SECTION 5 OF THE CANTON MUNICIPAL CODE PERTAINING TO THE ORGANIZATION AND ADMINISTRATION OF THE FIRE DEPARTMENT WHEREAS, it has been determined that chapters 1 through 4 of Section 5 of the Canton Municipal Code pertaining to the organization and administration of the Fire Department have become outmoded and in need of clarification; and, WHEREAS, a revision has been made reflecting the needed changes to update the Canton Municipal Code; and, WHEREAS, it is necessary to rescind those ordinances which are being replaced. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois that Chapters 1, 2, 3 and 4 of Section 5 of the Canton Municipal Code are hereby rescinded and the following be adopted in their place and stead: "5-1-1: DEPARTMENT ESTABLISHED: There is hereby established an executive department of the Municipal government of the City which shall be known as the Fire Department, and shall consist of one Chief of the Fire Department, three (3) assistant chiefs, three (3) lieutenants and nine (9) firefighters. 5-1-2: CHIEF OF FIRE DEPARTMENT: (A) Office Created, Term: There is hereby created the office of Chief of the Fire Department, who shall be the head of said Fire Department, and shall hold office until a successor shall be appointed and qualified. (B) Oath And Bond: The Chief of the Fire Department shall before entering upon the duties of office, take the oath of office prescribed by law for City officers, and shall execute a bond to the City in the penal sum of one thousand dollars ($1,000.00), with sureties to be approved by the Council, conditioned for the faithful performance of the duties of the office. (C) Head Of The Fire Department: Said Chief of the Fire Department shall be the head of the Fire Department and shall have full control over the same and over all members thereof, while in the line of their duty subject to the control and supervision of the Council, and shall make and establish rules and regulations for the government of said Department, and not inconsistent with the provisions of this Title. And it shall be the duty of said Chief of the Fire Department to see that the organization of said Department is efficiently preserved, its records properly kept, and its rules and regulations duly observed by its members. (D) Custodian Of Apparatus: The Chief of the Fire Department shall have the custody, subject to the direction of the Mayor and council of the engines, trucks, hoses, ladders and all property and equipment belonging to the Fire Department. (E) Duty To Attend Fires: It shall be the duty of the Chief of the Fire Department, if possible, to attend all fires happening in the City, and take command of the Fire Department at such fire, and see that the several members of the Department perform their respective duties. (F) Investigate Fires, Keep Record: The Chief of the Fire Department shall inquire into and investigate cause of all fires which may occur in the City, as soon as may be after they occur, and keep a record of the proceedings and the circumstances of each case, including name of the owner of property destroyed, the cause of fire, if known, the loss incurred thereby, the amount of insurance, and such other information as may be deemed important to the City by said Chief. (G) Annual Reports: Said Chief of the Fire Department shall, annually at the close of each calendar year, make a written report to the Council, showing the condition of the Department under the Chief's management. In lieu of the annual report the monthly reports may be compiled to satisfy this requirement. (IT) Powers at Fires, Destroy Buildings: T'he Chief of the Fire Department, or in the Chiefls absence, the officer in command at any fire, or in case of the absence of such officers, the Mayor or any two (2) members of the Council of the City, may direct the members of the Fire Department to cut down and remove any building, erection or fence, for the purpose of checking the progress of any fire; and the Chief of the Fire Department or other officer in command, shall have the power to blow up or cause to be blown up with powder or otherwise, any building or erection, during the progress of any fire, for the purpose of extinguishing or checking the same. (I) Bystanders to Obey Orders: Every person who shall be present at any fire shall be subject and obedient to the orders of the Chief of the Fire Department, the Assistant Chief or Lieutenants of the Fire Department, in extinguishing the fire and the removal and protection of property and in case any person shall refuse to obey such orders, he shall, upon conviction, be subject to a fine of not less than twenty five dollars ($25.00), nor more than two hundred dollars ($200.00), for each offense; provided that, no person not a member of the Fire Department r shall be bound to obey any of said officers unless said officers shall bear their respective badges of office or their official character shall be known to him, and said officers shall have the power to arrest any person or persons so refusing to obey such lawful orders as aforesaid. (~ Enforcement: It shall be the duty of said Chief of the Fire Department to cause all provisions of this Code for the prevention of fires, and Statutes, and all other regulations in reference to the Fire Department, to be strictly enforced. (K) Repair of Apparatus: The Fire Chief shall, whenever any of the fire engines, hoses, trucks, hooks and ladders or other fire apparatus shall require repair, cause the same to be repaired under the direction and supervision of said Chief. (L) Deliver Property and Records to Successors: Upon the expiration of the term of office, or resignation thereof, or removal therefrom, the Chief of the Fire Department shall, on demand, deliver to the successor in office, all books, records, apparatus, equipment and property of every description, in said Chief s possession, belonging to the City, or appertaining to said office. 5-1-3: ASSISTANT FIRE CHIEF, FIREMEN: (A) Qualifications: No person shall be appointed to the Fire Department who is under twenty one (21) years of age or over thirty five (35) years of age, nor unless he or she is a person of good moral character and temperate, steady habits. (B) Members Shall Wear Badges: Each member of the Fire Department, when on duty, shall wear an appropriate badge to be furnished by the City and if it shall be destroyed or lost, he/she shall be responsible for the expense of replacing the same. Whenever any member of the said Department shall cease to be connected therewith, he or she shall immediately deliver his or her badge and any other effects in his or her possession belonging to the City, into the hands of the Chief of the Fire Department. (C) Employed Firemen, Duties: The several employed firemen shall be on duty at all such hours of day and night as shall be prescribed by the rules and regulations of said Department, except when otherwise ordered by the Chief of the Fire Department. And in addition to their general duties, they shall keep their engines, ladders, and other fire apparatus in first class condition for actual service, and not expose them to unnecessary hazard and to work and use them with skill and judgment. (D)Assistant Fire Chief to Command When: It shall be the duty of an Assistant Chief of the Fire Department, if he or she be on duty, to attend all fires happening in the City, and in the absence of the Chief of Fire Department it shall behis/her duty to take charge of the work of the Department and he or she shall have and exercise - the duties and powers of the Chief of the Fire Department. In the absence of the Chief and the Assistant Chief the Lieutenant for that shift shall assume command. (E) Prescribed Uniform to be Worn, Badges: The Council shall prescribe a suitable uniform for members of the Fire Department, to be worn by them as directed by the Council, and all members of the Fire Department shall be required to provide themselves with such uniform as may be prescribed for which such amount as from time to time shall be established and paid by the City. The Council shall also prescribe and provide for all officers and members of the Fire Department suitable badges by which, in case of fire and at other times, the authority and relations of such officers and firefighters may be known. (F) Rules, Copies to Members: Each member of the Fire Department shall be furnished by the Chief of the Fire Department with a copy of the Rules and Regulations adopted and prescribed for the government of the Department and the members thereof. 5-1-4: FUNDS OF FIRE DEPARTMENT: (A) Firemen Shall Organize, Elect Officers: The several members of the Fire Department shall, on a date selected by the Fire Chief in the months of April, May or June, organize by electing two (2) officers to be known as Secretary and Treasurer, (the Treasurer shall be that member elected pursuant to Section 5-4-5 of this Ordinance) respectively, of the Fire Department, and such other officers as they may deem expedient, who shall hold office for the term of one year, and until their successors are elected and qualified. Such officers shall serve in this capacity without extra compensation. (B) Chief of the Fire Department Ex-Officio Chairman: The Chief of the Fire Department shall be ex-officio chairman of the Fire Department and shall preside at all meetings, and in his absence an Assistant Chief or if no Assistant Chief, then a senior lieutenant shall preside. (C)The administrative secretary of the Fire Department shall keep the minutes and records of all the meetings of the fire department. The secretary elected by the members of the department together with the elected treasurer shall be responsible for maintaining the books and records of the Foreign Fire Insurance Fund (the " 2% fund") pop fund and the Rescue Fund (established in 1979). However the rescue funds themselves shall be held by the City Treasurer until disbursed as hereinafter provided. The minutes maintained by the administrative secretary shall be considered prima facia correct and are not subject to approval, at a subsequent meeting. (D)Treasurer, Bond: The treasurer of the Fire Department shall, before entering upon official duties, give bond to the City in the penal sum of two thousand dollars ($2,000.00) with sureties to be approved by the Mayor of the City, conditioned for the faithful performance of the duties of office under the provisions of this Section, and the payment of all money received according to law. (E) Treasurer, Duties: It shall be the duty of the treasurer to receive and receipt for all moneys from the Foreign Fire Insurance Fund (the " 2% fund"), the pop fund and the Rescue Fund and to render a monthly report of all receipts and expenditures which shall be a part of the monthly report to the City Council by the Fire Chief. Upon the completion of the treasurer's term of office, all records and funds under control of the treasurer shall be turned over to the successor in the office of treasurer. (F) Meetings: The Fire Chief may, in his or her discretion hold a meeting of the members of the department at a time and place established by the Chief. The members shall adopt such rules and order of business, as they may deem necessary for the conduct of such meeting, not inconsistent with the provisions of this subsection or any provision of this Code unless the Chief specifies otherwise. It shall not be mandatory for firefighters to attend these meetings, unless otherwise ordered by the Chief. All members, except the Chief of the Fire Department, present at any meeting shall be entitled to vote on any question, and a majority of those present shall decide, provided, that in case of a tie the Chief of the Fire Department shall cast the deciding vote. A majority of the members shall constitute a quorum to do business, but a smaller number may adjourn from time to time. (G) For What Purpose Funds Shall be Used: All money turned over to the Treasurer of the Fire Department by the City Treasurer, which has been collected as a license or tax upon foreign fire insurance companies as elsewhere provided, and all other revenues belonging to said Department, except such as may be personal to the members thereof, or as shall belong to the Firemen's Pension Fund, shall be carefully and economically handled by said Department, and shall be expended solely for the purpose of the maintenance, use and benefit of such Department. None of such funds shall be expended purely for social purposes or for the personal benefit of any member thereof. No warrant shall be drawn by the Secretary on such funds, except it be for the purposes herein provided. The Rescue Fund moneys shall be turned over to the City Treasurer and expenditures therefrom shall be authorized by the City Council. 5-1-5: TRAINING FIRES: The City Fire Department shall not conduct or in any manner participate in any training fires until or unless written approval therefore is first received by the Illinois Environmental Protection Agency (IEPA) and/or the Federal Environmental Protection Agency (EPA), as applicable. This provision shall be interpreted as prohibiting the involvement of individual commissioned members of the Fire Department and of the various paid on call firefighters in such training exercises except in conformity with this Section. Chapter 2 FIRE DEPARTMENT; GENERAL PROVISIONS 5-2-1: PURCHASE OF SUPPLIES: All expenditures by the Fire Department shall be in accordance with the budget adopted for the department including discretionary matters within established guidelines. Any other expenditure shall be made only if authorized by City Council. 5-2-2: EXCLUSION OF NONEMPLOYEES: The central station shall not be used as a place of general resort or rendezvous except by members of the Department, nor shall any intoxicating liquors be brought to or be drunk upon any of the premises thereof; and it shall be the duty of all members of the said Department to prevent all persons not belonging to the Department from entering any house, or handling any apparatus belonging to the Department without permission. 5-2-3: RESIGNATION: Under normal circumstances, a notice of resignation of not less than two weeks shall be given to the Fire Chief by an officer or firefighter unless otherwise provided in the collective bargaining agreement. 5-2-4: CORDON AROUND EMERGENCY SCENE: The Chief of the Fire Department, an Assistant Chief or any member in command, may prescribe limits in the vicinity of any fire, or other emergency incident within which no person excepting firemen and policemen and those admitted by order of any officer of the Fire Department, shall be permitted to come. 5-2-5: POWER OF ARREST: As provided for the statutes of the State of Illinois as the same have been implemented by the City of Canton, certain designated officers may be authorized to have the power of arrest providing they meet the requirements established by law. 5-2-6: IMPERSONATING FIREFIGHTERS: No person not a member of the Fire Department shall impersonate a firefighter or officer of the Fire Department under a penalty of not less than seventy five dollars ($75.00) nor more than two hundred dollars ($200.00) for each offense. 5-2-7: PROPERTY SAVED: No person shall be entitled to take away any property in the possession of the Fire Department saved from any fire until he shall make satisfactory proof of ownership thereof. 5-2-8: FALSE ALARM: Any person who shall intentionally in the City give or make a false alann of fire, shall be deemed guilty of a misdemeanor and upon conviction thereof, be fined not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00). 5-2-9: OBSTRUCTING DEPARTMENT; DRIVING OVER HOSE: Any person who shall willfully resist, obstruct or hinder or interfere with any member of the Fire department in the performance of his duty connected with the Fire Department, or shall willfully or negligently in any manner injure, break or deface any engine, hose, truck, or other fire apparatus or equipment belonging to the City, or shall willfully or negligently drive any vehicle across or upon any hose, shall, upon conviction thereof, be fined not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00) for each offense. 5-2-10: FOLLOWING FIRE TRUCK: No person driving a motor vehicle of any kind, shall follow within two hundred fifty feet (250') any fire engine, fire truck, or other fire apparatus while said engine, truck, or apparatus is proceeding to a fire, and any person violating the provisions of this Section shall, upon conviction, be fined not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00) for each offense. 5-2-11: OBSTRUCTING HYDRANT: No person shall in any manner obstruct the use of any fire hydrant, or place any material, including shrubs or bushes in front thereof or within five feet (5') of either side thereof, under a penalty of seventy five dollars ($75.00) for each offense, and any and all material forming such an obstruction may be summarily removed by any member of the Fire Department or other city services such as the street department or water department without notice to the owner or occupant of the property and at the risk, cost and expense of the owner or claimant thereof. 5-2-12: BOLA CODE APPLICATION: The City reemphasizes those provisions of the BOCA code pertaining to installation of combustion devices and other instrumentalities capable of initiating combustion by contact. [The City has previously adopted the BOCA Fire Prevention Code] The Fire Department shall have the authority to enforce the BOCA Code. Further, storage of combustible or flammable material shall be in accordance with said code. Any person violating any BOCA code provisions of this nature shall be fined not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00). 5-2-13: PENALTY: Any person violating any of the provisions of this Chapter, or failing to comply with the same, where no other penalty is provided, shall be subject to a fine of not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00) for each offense. CHAPTER 3 PAID ON CALL FIREFIGHTER 5-3-1 TITLE: This Chapter may be referred to as the "PAID ON CALL FIREFIGHTER ORDINANCE". s 5-3-2: PAID ON CALL FIREFIGHTER ORGANIZATION CREATED: A Paid on Call Firefighter organization for the City of Canton is hereby created and established. The organization shall consist of not more than six "Paid on Call" Firefighters each of whom shall have been appointed by the Mayor upon the recommendation of the Fire Chief with the advice and consent of the City Council. 5-3-3: REQUIREMENTS OF FIREFIGHTERS: Paid on call Firefighters shall meet the following minimum requirements: Each of them shall be a citizen, 18 yeazs or older, meeting the residency requirements established for regulaz members of the Fire Department of this City, shall not be members of the regular Fire Department, shall be of good moral chazacter, and shall not have ever been convicted of a felony or any crime involving moral turpitude. 5-3-4: COURSE OF TRAINING: Prior to entering upon any of their duties, each Paid on Call Firefighter shall receive a course of training in the use of equipment and such fire-fighting procedures as shall be appropriate for the performance of their duties as contemplated by this Chapter and as shall be determined and provided by the corporate authorities of this City from time to time. Such training shall be to not less than the Firefighter II level if that person is to be engaged in interior structural firefighting. 5-3-5: PERSONAL DATA REQUIRED; IDENTIFICATION CARD: A candidate for appointment to the Paid on Call Firefighters Force of this City, as a condition to appointment, shall be fingerprinted and shall provide such other personal data as may be requested by the Fire Chief of this City, such prints and data to be maintained by said Fire Chief. Each Paid on Call Firefighter, at the expense of the City will be provided with a suitable identification cazd which, among other personal data, shall contain and display a suitable picture of the applicable Paid on Call Firefighter. 5-3-6: EQUIPMENT: Paid on Call Firefighters shall be provided with appropriate fire fighting gear and equipment as determined by and at the expense of this City. Such gear or equipment as is worn may be similaz or identical to that worn by the members of the regular Fire Department of this City excepting, however, helmets worn by Paid on Call Fire Fighters shall be sharply and conspicuously distinctive from those worn by member of the regular Fire Department of this City. Such gear and equipment shall remain the property of the City of Canton, Illinois, and shall be returned to the Fire Chief of this City upon termination of the services of any Paid on Call Firefighter. Such geaz and equipment shall be maintained in the condition and at the place or places, as may from time to time be determined by the Fire Chief of this City. Appropriate records delineating the disposition of all geaz and equipment shall be kept current by the Fire Chief of this City. 5-3-7: DISCIPLINE OF FIREFIGHTERS: Paid on Call Firefighters shall at all times during the performance of their duties be subject to the following discipline: They shall be subject to the direction and control of the Fire Chief of this City. 5-3-5: DUTIES: Paid on Call Firefighters shall be assigned to perform the following duties of this City and none other, to-wit: Paid on Call Firefighters shall assist the regular Fire Department of this City in the performance of their duties when called upon. Paid on Call Firefighters may be called to perform such duties by any one of the following: (A) The Fire Chief of this City; (B) Any Assistant Fire Chief of this City; (C) Any Lieutenant of the Fire Department. 5-3-9: MONTHLY TRAINING REQUIRED: Paid on call Firefighters shall receive training not less than three hours in each calendar month or in accordance with the Department of Labor Standards whichever is greater. The course of training in terms of content and direction shall be as from time to time prescribed by the Fire Chief of this City. Any Paid on Call Firefighter who misses more than two (2) training sessions in any six (6) month period shall, upon recommendation of the Fire Chief, made in writing to the Mayor of this City, be removed from his position as a Paid on Call Firefighter. The Fire Chief shall have the authority to establish requirements and rules for Paid on Call Firefighters. 5-3-10: PAY FOR SERVICES RENDERED: Each Paid on Call Firefighter shall receive pay for services rendered to this City as determined from time to time by the City Council. The Fire Chief shall be personally responsible for certifying pay entitlements of Paid On Call Firefighters on a weekly basis to the appropriate officials of this City, the same to be in his monthly report. Payment for services rendered shall be made to each Paid on Call Firefighter on the regularly scheduled pay period. 5-3-11: INSURANCE COVERAGE: No Paid on Call Firefighter shall be appointed or enter upon his duties as such unless and until insurance coverage (as contemplated by the Cities and Villages Act of the State of Illinois and as set forth under Division 5 of the Municipal Code of 1961) has been procured and declared fully operative and effective in writing by an insurance carrier pursuant to a policy carried by and with this City. 5-4-1: TAX IMPOSED: All corporations, companies and associations not incorporated under the laws of the State of Illinois, and which are engaged in the City of Canton in effecting or soliciting fire insurance, shall pay to the City Treasurer, on or before July 15 of each and every year, a sum equal to two percent (2%) of the gross receipts of premiums received by such corporation, company or association, or their agency or agents, for business effected or transacted for fire insurance within the City, for the year ending July 1 next preceding. The sum above named shall be a tax or license 1' fee upon all such corporations, companies or associations transacting said business within the City. 5-4-2: REPORT RECEIPTS: Every person, acting as agent or otherwise, for or upon behalf of any such corporation, company or association, shall on or before July 15 of each and every year render to the Clerk of the City a full, true and just account, verified by oath, of all the premiums which during the year ending on July I next preceding, shall have been received by him, or any other person for him, in behalf of any such corporation, company or association, and shall fully and specifically set out in said report, the amount or amounts received as premiums for fire insurance. 5-4-3: PAYMENT: The said agent or agents shall also, at the time of the making of the above mentioned report, pay to the City Treasurer of the City the said sum of two percent (2%) upon the gross receipts of such corporation, company or association, obtained as premiums for effecting fire insurance in the City, as is specified in Section 5- 3-1 hereof. 5-4-4: FAILURE TO REPORT: If such account be not rendered on or before the day herein designated for that purpose, or if the above mentioned rates for the said tax or license fee shall remain unpaid after that day, it shall be unlawful for any such corporation, company or association to transact any business of fire insurance in the City, until the requirements hereof have been fully complied with; nevertheless, this provision shall in no way affect the validity of any risk that may be taken in violation hereof, between such corporation, company or association, and the person so insured. 5-4-5: FIRE DEPARTMENT FOREIGN FIRE INSURANCE BOARD; ELECTION; OFFICERS; DUTIES: The members of the Canton Fire Department shall elect officers of the department foreign fire insurance board. These officers shall be a chairperson, secretary and a treasurer. The board shall consist of these three persons. It shall develop and maintain a listing of items which it feels are appropriate expenditures of the fund. The corporate authorities of the City shall annually appropriate all of the money paid to the municipal treasurer per section 5-4-1 hereof to the department foreign fire insurance board. 5-4-6: TREASURER'S BOND; USE OF FUNDS: The treasurer of the department foreign fire insurance board shall give a sufficient bond to the municipality which shall be approved by the mayor, conditioned upon the faithful performance by the treasurer of his or her duties under the ordinance and as provided by law. He or she shall pay out the money upon the order of the department foreign fire insurance board for the maintenance use and benefit of the department. 5-4-7: AUDIT OF FUNDS: As part of the annual municipal audit, the funds described in this chapter shall be audited to verify that the purchases made with the funds are for the maintenance, use and benefit of the department. ,, 5-4-8: DISBURSEMENT OF FUNDS: The amount so collected shall be paid by the City Treasurer to the Treasurer of the Foreign Fire Insurance Board who shall receive and pay out the same upon the order of said board for the purposes of maintenance, use and benefit of such Department, as provided in Section 5-1-4 of th is Code. 5-4-9: PENALTY: Any person, corporation, company or association which violates any of the provisions of this Chapter is guilty of a Class B misdemeanor as provided by the Compiled Statutes of the State of Illinois. That this ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, approval by the Mayor thereof and publication in pamphlet form. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 18thday of April , 2000, upon a roll call vote as follows: AYES: Aldermen Hartford, Sarff, Phillips, Nidiffer, Meade, Shores, May. NAYS: None , ABSENT: Alderman Molleck . APPROVED: ~~ ~~_ Donald E. Edwards, Mayor ATTEST: N n y Whites City Clerk.