Chapter 2.50
FIRE DEPARTMENT AND SUPPRESSION
Sections:
2.50.040 Repealed.
2.50.050 Repealed.
2.50.080 Repealed.
2.50.090 Liability for damage.
2.50.100 Fire and safety services cost recovery.
2.50.110 Planning review and fire and life safety assessment.
2.50.120 Emergency management.
2.50.140 Call pay and stipends.
2.50.010 Enforcement.
This chapter shall be enforced by the Garibaldi fire department. [Ord. 301 § 1, 2007.]
2.50.020 Fire chief.
The fire chief shall direct the operations of the Garibaldi fire department. A job description of the fire chief’s responsibilities shall be approved by resolution. [Ord. 301 § 2, 2007.]
2.50.030 Fire code.
The ordinance codified in this chapter and the 2003 Edition of the International Fire Code and the 2004 Oregon Fire Code Amendments with Modifications are collectively known as the “fire code.” [Ord. 301 § 3, 2007.]
2.50.040 Burn permit.
Repealed by Ord. 305. [Ord. 301 § 4, 2007.]
2.50.050 Restriction or banning of burning.
Repealed by Ord. 305. [Ord. 301 § 5, 2007.]
2.50.060 Sale of fireworks.
It shall be unlawful for any person, firm or corporation to sell fireworks within the city of Garibaldi without a permit from the Oregon State Fire Marshal and have provided the fire chief with a copy of the permit. [Ord. 301 § 6, 2007.]
2.50.070 Use of fireworks.
It shall be unlawful for any person to shoot or discharge fireworks within the city of Garibaldi except:
A. Legal fireworks may be discharged on the beach or in a cleared area, where there is no vegetation within a 10-foot radius of the ignition point.
B. Legal fireworks can be discharged in accordance with the fire code. [Ord. 301 § 7, 2007.]
2.50.080 Payment of fire suppression costs.
Repealed by Ord. 305. [Ord. 301 § 8, 2007.]
2.50.090 Liability for damage.
Damages caused by such fire shall constitute a debt of such person and are collectible by the city of Garibaldi in the same manner as in the case of an obligation under a contract, express or implied, including all court costs and city’s attorney’s fees. [Ord. 301 § 9, 2007.]
2.50.100 Fire and safety services cost recovery.
The city council shall adopt policies and fees by resolution related to the recovery of costs for assistance from an incident involving an airplane crash, or an occurrence on a transportation route. A “transportation route” is defined as a roadway, waterway, or railroad right-of-way against which no taxes or assessments for fire protection services are levied. [Ord. 301 § 10, 2007.]
2.50.110 Planning review and fire and life safety assessment.
The city council shall establish policies and fees by resolution for fire department review of water flow and fire access related to land development. With proper certification, the fire chief may also charge fees for fire and life safety assessments. [Ord. 301 § 11, 2007.]
2.50.120 Emergency management.
The fire chief is hereby authorized to implement the National Incident Management System and to serve as the city’s emergency program manager. [Ord. 301 § 12, 2007.]
2.50.130 Conflagration Act.
The city council, after consultation with the fire chief, may authorize the fire department to assist and use city vehicles and equipment in regards to the state’s Conflagration Act. [Ord. 301 § 13, 2007.]
2.50.140 Call pay and stipends.
Members of the Garibaldi fire department shall be eligible for call pay. In addition, the fire chief and assistant fire chief shall be eligible for stipends. Call pay, stipends and benefits shall be set by resolution. [Ord. 301 § 14, 2007.]
2.50.150 Violations.
Any person who violates or fails to comply with any of the provisions of the code hereby adopted or any order made thereunder, who fails to procure a permit as required herein, or who builds a fire in violation of this chapter or any permit issued hereunder commits an offense. Offenses may be cited into Tillamook County Justice Court by the fire chief or his/her designee. The offense is a Class A violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained constitutes a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. [Ord. 301 § 15, 2007.]