CHAPTER VII. FIRECHAPTER VII. FIRE\ARTICLE 1. FIRE DEPARTMENT

ARTICLE 1. FIRE DEPARTMENT

(a)   The city fire department of the city is hereby established, and the department shall be organized to consist of not less than ten (10) nor more than twenty-five (25) fire fighters, including the Fire Chief and Assistant Fire Chief. Members of the fire department shall be appointed by the Fire Chief and confirmed by the governing body.

(b)   The positions of Fire Chief and Assistant Fire Chief are hereby established, and the fire board is hereby eliminated. All the duties and responsibilities of the fire board are hereby assigned to the Fire Chief and Assistant Fire Chief as set forth herein. The Fire Chief and Assistant Fire Chief shall be elected by a majority vote of the department members at the first membership meeting in January each year and shall serve for a one-year term following confirmation by the governing body.

(c)   In the case of the death, absence or incapacity of the Fire Chief, the Assistant Fire Chief shall have all the of the powers and perform all the duties of the Fire Chief and at other times shall have such of the powers and perform such of the duties of the Fire Chief as deemed necessary by the Fire Chief or governing body.

(d)   If, at the request of the leadership of the city fire department the above-described leadership structure is not viable, the City Council may by resolution modify the leadership structure to that of a committee to assume the powers and duties of the fire chief and assistant fire chief. Said resolution shall be in effect for one year, but may be renewed annually and shall be acknowledged by the fire chief, or by a majority of the leadership of the fire department, whichever leadership structure is in effect at the time of the resolution.

(Ord. 267; Ord. 291; Ord. 313; Code 2015; Ord. 483)

The Fire Chief and Assistant Fire Chief of the fire department shall be under the supervision of a two-member council committee and shall have immediate superintendency and control over and be responsible for the care and condition of the fire apparatus and equipment. It shall be the Fire Chiefs duty to submit a written report as to the condition of all fire apparatus and equipment to the governing body at its first meeting in October of each year.

(Ord. 267, Sec. 1; Code 1997; Ord. 313; Code 2015)

(a)   The Fire Chief shall be responsible for the discipline of the members and is hereby given authority to suspend or expel any member for refusal to obey orders or for misconduct or failure to do his or her duty at a fire.

(b)   The Fire Chief shall also have the right to summon any and all persons 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.

(c)   At fires the Fire Chief shall have full power, control, and command of all persons present and shall direct the use of the fire apparatus and equipment, and command the fire fighters in the discharge of their duties. The Fire Chief shall take such measures as he/she shall deem proper and necessary in the preservation and protection of property and extinguishing of fires.

(d)   It shall be the duty of the Fire Chief to adopt all prudent measures for the prevention of fires and for this purpose he/she or the Assistant Fire Chief under his/her direction may, upon request or whenever it is reasonable to believe that the safety of life and property demands it, and as often as it may be deemed necessary, enter any building, yard or premises in the city during reasonable hours for the purpose of inspection, and where dangerous, unsafe or hazardous conditions are found to exist, shall give such directions for the alteration, change or removal or better care of management of the same as deemed proper, and such directions shall be obeyed and complied with by the property owner or person in possession of said building, yard or premises.

(Ord. 267, Sec. 1; Code 1997; Ord. 313; Code 2015)

The Fire Chief 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 of building and contents, insurance on building and contents, members responding to the alarm and any other information deemed advisable. The Fire Chief will be responsible for making and filing of any reports required by law or the state fire marshal.

(Ord. 267, Sec. 1; Code 1997; Ord. 313; Code 2015)

It shall be unlawful for any person or persons to take away or use any fire apparatus or equipment for any private purpose or for any person willfully and without proper authority to remove, take away, keep or conceal any tool, appliance, equipment or other article used in any way by the fire department. 

(Ord. 267, Sec. 1; Code 1997)

(a)   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 enroute to fires or in response to any alarm, and it shall be unlawful for any person or persons to in any manner obstruct or hinder the apparatus or equipment.

(b)   All emergency vehicles of the fire department, while proceeding on official business, shall be operated in strict accordance with the requirements of the Kansas Statutes regarding the operation of emergency vehicles, and each departmental member assigned to the operation of emergency vehicles shall familiarize himself or herself with the requirements of the law and govern himself or herself accordingly. Any operator violating the provisions of the state law shall be liable for disciplinary action.

(Ord. 267, Sec. 1; Code 1997)

It shall be unlawful for any person or persons to drive any vehicle over any fire hose laid on any street, alley or lot. This section shall not apply to any apparatus or vehicle being driven by members of the fire department.

(Ord. 267, Sec. 1; Code 1997)

It shall be unlawful for any person to place or cause to be placed upon or about any fire hydrant any rubbish, building material, fence or other obstruction of any character, or in any manner obstruct, hinder, or delay the fire department in the performance of its duties in case of fire. Nor shall any person fasten to any fire hydrant any guy rope or brace, nor stand any vehicle within 10 feet of any such hydrant. 

(Ord. 267, Sec. 1; Code 1997)

It shall be unlawful for any person to knowingly make or sound or cause to be made or sounded, or by any other means, any false alarm:

(Ord. 267, Sec. 1; Code 1997)