Chapter 2.05
FIRE DEPARTMENT
Sections:
2.05.060 Rules and regulations.
2.05.110 Board of fire commissioners.
2.05.010 Established.
For the prevention and extinguishment of fires within the corporate limits of the town of Myrtle Creek and for the preservation of property endangered by fire, there is hereby created and established a fire department to be known as Myrtle Creek volunteer fire department, and which fire department shall be composed of the board of fire commissioners hereinafter provided for, together with a chief and assistant chief, as hereinafter provided, and such volunteer firefighters as may be admitted under the rules and regulations hereinafter and by said fire department established. [Amended during 2012 recodification; Ord. 121 § 1, 1935].
2.05.020 Members.
At the first meeting of the council immediately following the annual election of officers and after the new council has been organized, the mayor shall appoint, subject to confirmation by the council, two members from the council, along with the fire chief, who shall constitute the board of fire commissioners and who shall hold office for the term of one year and until their successors are appointed and confirmed. [Ord. 856 § 1, 2024; Ord. 121 § 2, 1935].
2.05.030 Officers.
The said fire department shall elect annually, at such time as it may fix by its bylaws, from among its membership the following officers:
(1) Chief;
(2) Assistant chief;
(3) Secretary;
(4) Treasurer;
(5) Training officer;
and such other officers as the department may from time to time prescribe by its bylaws. The secretary and treasurer may be one and the same person. The fire chief must be a member of said board of fire commissioners. [Ord. 856 § 1, 2024; Ord. 121 § 3, 1935].
2.05.040 Meetings.
The fire department shall hold its meetings at such times and places as it shall provide by its bylaws; provided, that there shall be at least four regular meetings each year, and not more than three months apart. [Ord. 121 § 4, 1935].
2.05.050 Duties.
The duties of the officers of the fire department shall be such as it may provide by its bylaws, or its rules and regulations not inconsistent herewith, except that the moderator of the fire department shall have general supervision and inspection of the fire apparatus of the town of Myrtle Creek as provided by the Charter, including the efficiency of the water pressure, hydrants, hose, hose carts, ladders, reservoirs, and any and all equipment belonging to the department. He shall make regular reports quarterly to the council of the town of Myrtle Creek, specifying to the council any needs and requirements of the fire department for efficient service. He shall bring to the notice of the fire department and the council any violation of any laws, ordinances or resolutions with reference to fire protection, and any and all matters that may come to his attention pertaining to the welfare of the fire department and the protection of property from fire hazards. He shall be the official means of communication between the fire department and the council. [Ord. 121 § 5, 1935].
2.05.060 Rules and regulations.
The fire department may make such bylaws, rules and regulations as it may deem expedient and to the best interest of the organization as to the admission to membership, the eligibility thereto, and the dues, fines, duties and penalties attendant thereupon; provided, that no person under the age of 18 years shall become a member of said fire department. [Ord. 121 § 6, 1935].
2.05.070 Property.
The title to all property of the fire department shall be and remain in the town of Myrtle Creek. No member of the fire department, or any of its officers, or the fire department itself, shall have power to bind the town of Myrtle Creek in any contract or incur any indebtedness against the town of Myrtle Creek, unless expressly authorized to do so by ordinance or resolution of the council. The fire department shall have the exclusive right to expend and appropriate such moneys as are raised within said department by admission fees, dues, fines, etc., but not otherwise without the express authorization of the council as hereinbefore set forth. [Ord. 121 § 7, 1935].
2.05.080 Authority of chief.
The chief shall be the executive officer of the fire department. It shall be his duty and that of the assistant chief to see that the laws, orders, rules and regulations concerning the department, including ordinances of the council, are carried into effect, and to see that all laws, rules and regulations established to secure protection against fire are enforced. It shall also be the duty of the chief to enforce the rules and regulations made from time to time to secure discipline in said fire department, and he shall have power to suspend any subordinate officer or member for violation of the same, and shall further report such action in writing with his reasons therefor to the fire department for its action. In case of fire he shall be in absolute control and command of all members of the fire department.
The chief of the fire department shall have full power and authority to enter into any building or buildings, by force, if necessary, for the purpose of protecting property against fire, and to tear away any fence or other obstruction which he deems necessary in order to protect property in case of fire. In cases of absolute necessity, he may order that any building be blown up, torn down or moved, in order to stop the progress of fire. In case of fire, the chief shall have absolute control and command of all engines, hose, hooks, ladders and all apparatus belonging to the fire department. [Ord. 121 § 8, 1935].
2.05.090 Enforcement.
Any person, officer or member of the fire department who shall willfully violate any of the rules of the department or any of the provisions of this chapter, or who shall refuse to obey the lawful commands or orders of the chief of the fire department, or any officer in command, shall be censured, suspended, removed from office, or expelled from the department in such manner as said fire department may from time to time by its rules and regulations provide. [Ord. 121 § 9, 1935].
2.05.100 Exempt firefighters.
Any person who may have been an active firefighter in the fire department of the town of Myrtle Creek for seven years immediately preceding the passage of the ordinance codified in this chapter shall be entitled to enjoy all the privileges and immunities now enjoyed by exempt firefighters of said town of Myrtle Creek. Any such person shall upon application and satisfactory proof of such service and payment of the fee established for such purpose receive a certificate as an exempt firefighter, to be voted by said fire department, and such certificate to be signed by the chief, the moderator, and the secretary of said fire department; and any person who in the future shall have served as an active firefighter of said fire department for the period of seven consecutive years shall be entitled to such certificate as an exempt firefighter. [Amended during 2012 recodification; Ord. 121 § 10, 1935].
2.05.110 Board of fire commissioners.
Immediately upon the taking effect of this chapter, the mayor shall appoint, with the approval of the council, the said board of fire commissioners, who shall serve until their successors are elected and qualified as hereinbefore provided; and immediately upon the appointment of said commission, the said board of fire commissioners shall call a meeting of the present fire department of the town of Myrtle Creek, to be held in the City Hall at 7:30 p.m. on June 12, 1935. Notice of said meeting shall be given by posting notice thereof on the front door of the City Hall at least five days before said meeting. At said meeting the fire commissioners shall determine what persons present are members in good standing of the present fire department, and such members so determined by said fire commissioners, together with the members of said fire commission, shall be entitled to vote at said meeting.
The said meeting of the fire department, or any adjournment thereof, shall proceed to adopt bylaws for the government of said fire department, which bylaws shall become effective immediately upon their approval by the board of fire commissioners, and fire commissioners, and upon such approval all present bylaws, rules and regulations of said fire department shall be automatically repealed. There shall be no specified number required as a quorum at said organization meeting of said fire department. Thereafter, the fire department shall be composed of a minimum of seven firefighters in addition to said fire commissioners. If at any time the active members of said fire department shall be less than seven, said fire commissioners are hereby given full power to increase said membership by appointment up to the number of seven, it being the intent hereby that the active firefighters shall at all times be maintained to a minimum of seven members. The maximum membership, if any, may be fixed by the fire department. [Amended during 2012 recodification; Ord. 121 § 11, 1935].