Chapter 7 · Fire

Article 1. Fire Department

Sections 7-101 to 7-111 · 11 sections

7-101 Established.

There is hereby established a fire department in the city, consisting of a city fire company and a rural fire company. The Fire Department shall consist of a chief, an assistant chief and not less than ten, nor more than 15, persons per company. The city fire company shall be hired by the Fire Chief and confirmed by the Council members and the rural fire company shall be appointed by the County Commissioners of Decatur County. Both companies may have the same Fire Chief.

(Prior Code § 6-101; Ord. 443)

7-102 Members, volunteers; duties.

Members of the Fire Department shall be volunteers. They shall meet at least once each month for practice and drill. The chief shall keep a record of attendance of such meetings. Any member who shall fail to attend six meetings in any 12-month period shall automatically become expelled from membership. The Chief and each member shall receive as compensation such amounts as shall be determined from time to time by the governing body of the city, except for those members who are appointed by the Board of County Commissioners, who shall receive such compensation as is determined by the Commissioners.

(Prior Code § 6-102; Ord. 443)

7-103 Chief; supervision; responsibility; powers, duties; prevention of fires.

(a)The Chief shall be under the supervision of the City Manager and shall have superintendency and control over and be responsible for the care and condition of the fire apparatus and equipment. It shall be their duty to see that all such apparatus and equipment shall be at all times ready for immediate use. The Chief shall submit a written report as to its condition to the Mayor and Council at their first meeting in June of each year.

(b)The Chief shall have responsibility for hiring all fire persons. The Chief of the Fire Department shall be responsible for the discipline of members and is hereby given the authority to suspend or expel any member for the refusal to obey orders or for misconduct or failure to do their duty at a fire. The Chief shall also have the right to summon any and all able-bodied persons of legal age present to aid in extinguishing a fire or to aid in removing personal property from any building on fire or in danger thereof, and in guarding the same, until such time as the Sheriff’s Department or city police shall arrive to serve such purpose.

(c)The Chief of the Fire Department shall have full power, control and command over all persons whomsoever present at fires, and they shall direct the use of all fire apparatus and equipment, and command all firefighters in the discharge of their duties. The Chief shall take such measures as they may deem necessary in the preservation and protection of property and the extinguishing of fires.

(d)It shall be the duty of the Chief of the Fire Department to adopt all prudent measures for the prevention of fires and for this purpose they or their designated assistant may, upon request of the legal resident of any building enter the same; or wherever the Fire Chief has visual or other actual knowledge that the safety of life and property demands it, enter any building, yard or premises in the city for the purpose of inspection and where dangerous, unsafe or hazardous conditions are found to exist the Chief shall give such directions for the alteration, change or removal or better care or management of the same as they may deem proper. Such directions shall be obeyed and complied with by the property owner or resident at their expense when the property owner, acting upon the advice of a qualified electrician, disagrees with the opinion of the Fire Chief or the assistant the changes deemed necessary by the Fire Chief shall be subject to review by the Mayor.

(Prior Code § 6-103:107; Ord. 443)

7-104 Records.

The Chief of the Fire Department shall keep in convenient form a complete record of all fires. Such information shall include the time and location, construction of building, owner, occupancy, how extinguished, value of building and contents, loss on building and contents, insurance on building and contents, members responding to the alarm, and any other information deemed advisable.

(Prior Code § 6-106; Ord. 443)

7-105 Assistant Fire Chief.

In the absence of the Fire Chief, the Assistant Chief shall perform all the duties and have all the authority and responsibility of the Chief as conferred by this article.

(Prior Code § 6-108; Ord. 443)

7-106 Right-of-way; apparatus, equipment.

All fire apparatus and equipment is hereby given and granted the exclusive right-of-way over and through all streets, avenues, alleys and public thoroughfares in the city while en route to fires or in response to any alarm of fire, and no person or persons shall in any manner obstruct or hinder the apparatus as aforesaid stated.

(Prior Code § 6-109; Ord. 443)

7-107 Drive over fire hose.

It shall be unlawful for any person or persons to drive any wagon, carriage, automobile, truck, locomotive, railroad car or any other vehicle over any fire hose laid in any street, avenue, alley, bridge or vacant lot; provided that, this section shall not apply to any apparatus or vehicle belonging to the Fire Department.

(Prior Code § 6-110; Ord. 443)

7-108 Fire hydrant; obstructions.

No person shall place or cause to be placed upon or about any fire hydrant any rubbish, building material, fence or other obstruction of any character whatsoever in any manner to obstruct, hinder or delay the Fire Department in the performance of its duties in case of fire. Nor shall any person hitch or cause to be hitched to any fire hydrant, any animal or animals, nor fasten to same any guy rope or brace, nor back or stand any wagon, truck, automobile or other vehicle within 15 feet of any such hydrant.

(Prior Code § 6-111; Ord. 443)

7-109 False alarm.

It shall be unlawful for any person to make or sound or cause to be made or sounded or by any other means any false alarm of fire without reasonable cause.

(Prior Code § 6-112; Ord. 443)

7-110 Private use of equipment.

No person shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully and without proper authority, remove, take away, keep or conceal any tool, appliance or other article used in any way by the Fire Department.

(Prior Code § 6-113; Ord. 443)

7-111 Penalty.

Any person violating any of the provisions of this article or refusing or neglecting to comply with any of the requirements thereof shall, upon conviction, be deemed guilty of a misdemeanor, and fined not more than $100 or be imprisoned for not more than three months, or may be both so fined and imprisoned.

(Prior Code § 6-114; Ord. 443)