Chapter 2.12
FIRE DEPARTMENT
Sections:
2.12.040 Chief – Powers and duties.
2.12.050 Assistant chief – Duties.
2.12.060 Chief – Order preservation.
2.12.070 Captains – Authority.
2.12.080 Interference unlawful.
2.12.090 Public assemblages – Free access required.
2.12.100 Right-of-way required.
2.12.110 Fire alarm – Promptness required.
2.12.120 Equipment – Authorized passengers.
2.12.140 Equipment – Tampering prohibited.
2.12.150 Water turn off – Notification required.
2.12.170 Fire hydrant obstruction prohibited.
For statutory provisions regarding the establishment of a fire department by cities, see Government Code § 38611.
2.12.010 Established.
There is established in the city a fire department to consist of not more than 25 members, the exact number to be determined from time to time by the city council. (Ord. 325 § 1, 1973).
2.12.020 Chief – Appointment.
The chief of the fire department shall be appointed by the city manager, subject to the approval of the city council. (Ord. 391, 1986; Ord. 325 § 2, 1973).
2.12.030 Membership.
The fire department shall consist of the chief, assistant chief, two captains, such other officers and firemen, all of the offices and firemen to be appointed by the chief. (Ord. 325 § 3, 1973).
2.12.040 Chief – Powers and duties.
A. The fire department of the city, all property and paraphernalia of the city used by the department, and the fire alarm system shall be under the control, management and direction of the chief of the fire department, and he shall at all times be responsible therefor.
B. All officers and members of the department shall be subject to and shall obey the orders and directions of the chief of the department and shall obey all rules and regulations that shall be prescribed by the city council; the officers and members shall wear, while on duty, such uniform as is prescribed by the chief of the department.
C. The chief shall inquire into the cause of every fire occurring within the corporate limits of the city and shall keep a record thereof, he shall aid in the enforcement of all fire ordinances of the city, report any violation thereof and do and perform such other acts and things as are required of him by the city council.
D. It shall be the duty of the fire chief to regularly inspect the city for the purpose of ascertaining whether the fire ordinances are being violated and whether there exists any rubbish or combustible material likely to become ignited and cause fire, and, for that purpose, he shall have such authority to enter any lot, premises, building or structure within the city, as is granted by Chapter 1.08 HMC. If he finds any rubbish or combustible material likely to become ignited and cause fire he shall immediately notify the owner or occupant of any such lot, premises, building, or structure on or in which the same is situated to immediately remove such rubbish or combustible materials, and if the owner or occupant fails to remove such rubbish or combustible material within two days after receiving such notice, the chief of the fire department may cause the same to be removed at the expense of the owner or occupant. (Ord. 389 § 1, 1986; Ord. 325 § 4, 1973).
2.12.050 Assistant chief – Duties.
The assistant chief of the fire department shall attend all fires and assist the chief in his duties on all occasions and, in case of the absence or inability of the chief to act, the assistant chief shall have control of the department and in all respects perform the duties of the chief. (Ord. 325 § 5, 1973).
2.12.060 Chief – Order preservation.
The chief of the fire department shall, to the best of his ability, preserve order at all fires, and shall, whenever proper or necessary, call upon the chief of police or any other peace officer to preserve order and make arrests, and to prevent interference with his orders, or with the members of the department. (Ord. 325 § 6, 1973).
2.12.070 Captains – Authority.
In the absence of the fire chief and the assistant chief, either of the captains may assume control of the department and in all respects assume the duties of the chief. (Ord. 325 § 7, 1973).
2.12.080 Interference unlawful.
Any person interfering with the chief of the fire department, his assistant or any driver or fireman, while in the lawful performance of his duties, or who refuses or neglects to obey all lawful orders or requirements of the chief or assistant chief, is guilty of a misdemeanor. (Ord. 325 § 8, 1973).
2.12.090 Public assemblages – Free access required.
The aisles and passageways in buildings used for public assemblages shall be kept free from camp stools, chairs, benches, sofas and other obstructions during any performance, services, exhibitions, lectures, concerts, balls or other public assemblages whatever, and the chief or assistant chief of the fire department shall have free access to any building during such assemblage, performance, services, exhibitions, lectures, balls or public assemblages. (Ord. 325 § 9, 1973).
2.12.100 Right-of-way required.
All engines, hose, hook and ladder wagons, all movable apparatus belonging to the fire department and the chief of the fire department shall have the paramount right-of-way through all streets, alleys, places and courts in the city, when going to or from any fire, and all persons must give the fire department and any part thereof unobstructed use of the street either going to or returning from any fire or while engaged in any fire.
Upon the sounding of any alarm of fire all persons, all vehicles and animals occupying the street shall immediately take and be removed to the side of the street and stop and wait until the fire department shall have passed before proceeding. (Ord. 325 § 10, 1973).
2.12.110 Fire alarm – Promptness required.
It shall be the duty of all members of the fire department to answer all alarms promptly, to properly care for all fire equipment and all other material belonging to the fire department, and that may be entrusted to them, to perform such other duties as shall be required of them by the chief of the department. (Ord. 325 § 11, 1973).
2.12.120 Equipment – Authorized passengers.
No person except members of the fire department or police department shall be, or ride, upon any fire engine, hose cart or vehicle of the fire department while the same is going to, coming from or at any fire. (Ord. 325 § 12, 1973).
2.12.130 Exclusions.
A. No persons except by permission or authority of the chief of the fire department shall enter any burning building after the fire department has arrived at such building, and all persons must remain and/or remove themselves to a distance of not less than 100 feet from such building and/or unto a distance of not less than 50 feet from any apparatus of the fire department while engaged in putting out a fire. No vehicle shall be parked upon a public street within a block of the fire.
B. Where the chief determines that it is necessary for public safety to evacuate the area surrounding a fire he shall do so and no person except by the authority of the chief shall enter such evacuated area. (Ord. 325 § 13, 1973).
2.12.140 Equipment – Tampering prohibited.
No person except a member of the fire department, or person acting under the orders of the chief of the fire department, shall touch any fire equipment, vehicle, hose or hose cart or other apparatus belonging to the fire department of the city. (Ord. 325 § 14, 1973).
2.12.150 Water turn off – Notification required.
When for any reason the water is turned off from any fire hydrant, or whenever for any reason any street is closed, has an opening therein or is dangerous to travel, the chief of the fire department shall be immediately notified of the turning off of such water or of the closing or dangerous conditions of such street and it shall be the duty of the superintendent of public works to inform the chief of the fire department of any such facts immediately upon the occurring thereof. (Ord. 325 § 15, 1973).
2.12.160 Salaries.
The salaries of the officers and the members of the fire department shall be determined by the city council. (Ord. 325 § 16, 1973).
2.12.170 Fire hydrant obstruction prohibited.
It is unlawful for any person, firm or corporation to make or leave, or to permit to be made or left, any dirt, refuse or obstruction on any public street or alley, within 20 feet of any fire hydrant in the city. (Ord. 325 § 17, 1973).