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HomeMy WebLinkAboutORD NO 46 Ordinance No ~6o An ordin~uce to provide for the org~ization, gove~nt, control ~d m~ement of the Fire Dep~tment of the ~i~ B~ersfield ~d for ~en~ties for the violation of the provisions ~h~eof. The Bo~d of TEstees of the City of ~ersfield do ordain as follows:- Sect ion I. The Fire ~tment ~ of said City sh~]. at th~ date of this ordinEee consist ~of one ~ine ~d Hose eo~ eo~os.~ of not more the~ sixty-five members ~d ohe Hook ~d L~der eom- pEy eo~osed of not more th~ sixty-five m~bers. S~d complies sh~i be co~osed of residents of the City of B~ersfieid ~d sh~l be ~own as the "B~erzfieidoEngine ~d Hose Co~y'No. 1" Ed "B~ersfieid Hook ~d L~der No. 1. ~ ~enever,. in the opinion oF the Bo~d of Trustees, public convenience requires it, said D~tment m~ be inereas~ by adding new complies. Each co~ sh~l be the ju~e of the qualifications of it~ m~bers ~nd sh~l ~et but such qu~ifieations i~ its ~-laws. SectiOn II. Each eoi~y shall ha~e as officers a For~ ~d at least one Azzisstaut Fo~, a Secret~ ~d Treas~ez. Said officers sh~l be elect~ by their re~ective colonies but no such ele~ tion shall t~e ~feet ~tii a certificate thereof be filed by ~h~'ere~ 'of the co~y i~m .the office of the. Ci~ Clm~k shall 1~ it before the Bo~d of T~stees at the next re~i~ meeti~ ~d upon approval by th~n t~e said Clerk shall issue ~t ~mte~o~l ~h~io~pemsthere~in~e~~s~ p~h~ro~hsr~ Certificate of Election upon the officer..t~.~king the proper oath. The terms of all the officers herein named and ~uoh other officers as may from tine to time be named by the by-laws of the differ- ent cm~.~uies heremuder shall be twelve months. ?here shall be held on 'the first Wednesday of Jtme in cache.' year sn election for Chief and ~ Assisstant Chief~-and a Secretary of the Fire Department. Said election shall be called by the Board of Trustee~ by giving at least seven days notice in some newspaper published in said city designating the time and place for holding said election, l~e polls sh~! be kept open from ? o'clock P. ~. to 9 o'Clock P. ~. under the in- spection of four judges who shall be members of tl~e Fire Depart- ment, to be appointed by said Board of Trustees. Said judges sh~l m~ske their returns to said Board of Trustees withik four hours after said election. Tho~e receiving the highest number of votes shall be declared elected, and shall take office on the first day of July next succeeding suach election~ The term of said offices shall be for one year. The Chief sh~l receive a salary of not less than $10.00 per month. The Board of T~pstees shall appoin~ an Engineer and all other employes of the department. ,~ectiOn IV. ~ shall be the duty of the Chief and he shall have power.- 1st. To superintend a~d control the action of the members of the department at a fire. He shall have' the ,~ole directioa of the department on such ac6asions and his orders shall be prompt- ly obeyed on all occasions. --, 2nd. To superintend the affairs of the department general~and ~, see that the engines and other apparatus are kept in good order and ready for use, and at least .onc~ every month to open, inspect. and exmnine each hydrant and to see that all fire ladder a~d x,, ' · ..~ ~. ...~,?,.,~.."~ ~. .... ..:~,~??..' .. ,, ,......~,....:.. ~.?..~.:.~......... ~,. .~?:~'~' ~!:!,-!' ~:' other apparatus, and appliances are in .their proper places res- pectively. ~rd. ?o make quarterly reports to said _Board of. all fires aad alarms of fire and the causes, as near as may be ascertained, of such fires ~nd alarm~ together with all &.mmag. es sustained. 4th. To Suspend any company or member or members thereof f~r disobedience of orders Such suspension snal_ last until the decision of said Board thereon. ,~th. To give a bond in am amount to be fixed by tl~e Board of Trustees and to take and subscribe to s_n oath or ~..~ffirmation office for the faithful performance of his official duties ~6£,re entering upon the duties of his office. 6th. To select and detail a sufficient number of active fire men from existing fire com~-~ .~.ie.s ~,o have charge of and opera, s all chemical apparatus belonging to the department. Section V. It shall be the duty of th~ Secretary of the Fire Depart- ment to keep a book in which shall be enrolled the names of the different Fire Ed Hose companies, the names of the active Certificate members s~nd the date of their certificates and the date of all deaths, resi .gnations and expulsions and report the a.wne to the.Board, and sign al! cerificates of membership. To file with the City Clerk thirty d..~s before the election p provided for'in Section Iii of this ordinance, a certified list of all ~ exempt and active members of the Fire Depart.-' J. comp..~nies. Section VI. It sh?.ll be the duty of the Assisstant Chief~ to _gssisst , th~.~ ~nief in the discharge of his duties and according to. ' rank shall exercise all the powers 'aud perform al! the duties ~ of the Ghief during his" absence and shall at all fires report -t$~~e~to the Chief for his orders and obey them promptly. Whenever the Chief shall desire to absent himself from the city he shall first obtain permission of said Board of Trustees and the Assisstant Chief shall·. perform his duties during h~"~"' I~ absence. Whenever any vanc~.oy, shall occur in the office of Chief or Assisstant Chief ; the ~aid Board shall ca].], a special election to fill said vacancy in tl~e sam~:: manner as provided, i~ Section !!.T. of this ordinance Ed the officer elected at said.' special election shall fill such office mnti], the next regular election. 'l~e Chief or Assistant Chief shall have power, at ~m alarm paratus to the fire and in handling the same mud any citizen refusing to obey the order or command of said Chief or Assist-,..~ m~t Chief shall be subject to a fine of ~Ot less tb~m ~5 nor more than $.~5.00., ~ + ~~ ~ ~Y~~-/~'~-'~."."'~'~ ~-~ not exceed twelve nor less than four in number in auy one year and shall also have the power to call parades and celebrations when occasion demands them. Section VIII. During tt:e continumuee of a fire the Chief and Assistant Chief and foremen of any company shall have police power/and ........ in the block or. blocks in which the fire is established the various peace and police officers of t4e City of Bakersfield t. shall execute ali. orders received from any ~d all of such fire department officers mentioned above, provided, that the bomds- men of such police or peace officers shall not be re.s~oasible for ~mny action taken by such officers upon the order of the ,. ....... - ; ..... .. ' · ·: ..... -, , .-,..........~.-' ' ~' ~- "'., - .... v ...., -.:...';;.:, ..: a~foresaid officers of the Fire Department. Said officers the Fire Department whenever in their judgememt it is deemed "-~, necessary for the handling of the apparatus or the ~i~ a fire sh~l have the power to block or Obst~ot streets im"~the i~ediate vicinity of such tr~el ~ud to exclude travelers ~1 persons not ~ecess~ t~ b~e h~udl'ing of app~u~ o~.~.,: ...... ~'. eEing or oontrolli~ t~e fire, exert th.~.m~bers of the fire dep~tment, m~ieipal officer~ of the City of B~ersfield, the owners of property in the district obst~oted, ~d persons upon · whom the ~ief or A~sist~t Chief has called to assist i~ h~i~: the app~atus or m~ing or oomtrolli~ the fire, ~d i~ sh~l be ~ulaw~l for ~y person or per~ons to int~de or trespass~,.' upon or enter into said ~aoe so obst~eted exert a~ in thi~ sect ion provided. "~ Section IX. Each fire co~y sh~l have power to adopt such by-laWs not inconsistent with law ~d thiA ordin~ce tha~ th~ m~ deem'~, neeess~. No by-laws shall t~e effect until a copy thereof certified by the secreta~ is filed in the office of the City Clerk ~ud is approved by the Bo~d of T~s~ees ~d upon a state- ment by the City Attorn~ that th~ do not eo~lict with the provxs~on~ of this ordinate. Section X. The seeret~ of each of the said Cor~uies shall keep-a .~:. - roll of the m~ber~' thereof ~d a reeo~ of ~1 the procee~s ~d shall have power to issue active certificates. He sh~l file with the secret~ of the ~tmemt a.complete .roll" eF"al! members thereof who sh~l i~ediately file a eopy.,thereof with the City Clerk ~d whenever a new m~ber is' a~itted deliver to ~d file with the said seeret~ a list of ~oh n~ m~bers who shall report the s~e to the City Clerk before the mext re~l~ . meeti~ of the ~d of T~stees. . He sh~! file a list of such members as hav~'~ed, real'greed,. .... been expelled or removed from the City of Bskersz~e.!d, All"'active certificates sh~l be signed by the President ef the .Boar. d.of "~-~ Trustees and by~ the City Clerk by order of the Board of Trustees i at a regular mead, ting thereof. Any of said certificates Section Ail exempt certificates shall be issued by the Board of' Trustees of the City of Bakersfield under the seal of said City ~ signed by the President of said Bo~d and comutersigned by the City Clerk. No exempt certificate shall be gr(-~nted except upon ~he'written statement filed by the clerk of the fire departmemt setting forth the date of the ~pplicsnts joining the depa~., tment, the facts of his continuous service for at least five years, that he has n%een expelled or suspended or has'not resigned or ~emoved from the city. d~ring that t'ime ~md..'~'liat he has been a good firemen for such period. No~xl~.~t certificate shall ever- be revoked by any governing, authority ~f the City of B~ersfield · '.. · ;.?_nd-ndn~ of the rights or priveleges acquired under this ordinance bM the hol.~rs thereof shall ever be abridged or qualified. Section XII. The possession of either an active or exempt certificate shall exempt the bona fide holder thereof from paying $~-~f town poi]. tax or servi~ as a juror in'all hatters before the police, recorders or any other court '-' . · w~.~ch m,.~y hereafter be established in the City of Bskersfield.:.. No officer or member of ~u.y fire ccmp~.~,Y?shal! receive any compensation'from the city for his services or expendiSures in such capacity unless upon an express contract m~de with the Board of Trustees and entered upon their minutes, provide.~, how-.. ever, that ,au active firem.~m in good standing in the company to which he belongs be entitled to receive from the City the sum of $2.00 on the first day of June of each year that he remains ,' an active member of such eompa~f, said mon~ to be paid for the - purpose of paying such members State Po.icl Tax. Any person who shall willfully cause a false alarm of fire or shall muSilate ~ engine or apparatus belonging to the ment or shall wilz~ully drive any dray, truck or other ~ehicle over -s_ny hose while in use or use water from any public hydrant for private purposes or use any fire ladder or~other apparatus. belonging to the city for private purposes shall upon conviction be fined not less than $10.00 nor more than $100.00-~ · · . . ~y',"?..'. ,,,, ., ,,- .~,~~.. No person sh~!"], here'af~'er 'erect any flue or chimney, for conducting smoke out of 'any combustible material nor ~hal.1. any flue or stove pipe be placed ~e..~rer th-ah three i'nel~es to ~ny board partition, roo~' or cloth .1. ining .and a1.1. stove pipes shall extend at least four feet above the roof and shall be well secur- ed. No stove or grate sh,~d], be placed nearer than eighteen inches to any board or e, anvass wall or partition and such or partition shalJ, be protected from heat by some metallic plate. In all buildings having wooden floors-, suoh floors she1.1, be protected in like m,~mer and said metallic Plate must project all around said stove or grate. No person shall plae, e hot ashes · in any combustible receptacle nor put 'such receptacle ~ithin five feet o'f ~'bUi'lding ~Ules~' a~curely'-covered. ~ '~'~"~ leering or re_.~sing to eomp].y with this section in any partiea~lar shall upon conviction be fined not exceeding $~ ~~~._ .,,.,,...:,..-.'~- ;,t,.,... .,;z......? ....,....~ ,.:,. I" ' .,~ ,d- A: .,~ ~' /,,- .'fl' · . · ,.. .. Sectiom XV1. , No person shall keep for his private use in the City, ia ¢u¥ one buildin¢, more than five ponds of ~powaer ~t ~y one time,, ~d no person sh~l keep for s~e or in his possessi~ , in ~y one store, building, or other place at ~v one ~ime,;.~ifa~. . .' said city, ~xeept in a m~azine expressly made for the pu~ose, ~d approv~t therefor by ~aid bo~d, ~y gi~t powder, ~ite, nitroglycerine, vigorite, terrorite, blasti~ powder,or ~y other e~losive of a si~l~ nat~e; nor more th~ one h~ed pounds of e~losive of.~y kind, ~d that sh~l be kept in a ~tro~ metallic vessel or m~azine made as ~oresaid, well secured ~d f~ten~ with the word "Powder" distin~'~ly p~nted upon it. The said vessel shall alw~s be k~t as ne~ the main entr~cs of the bui!di~ as possible, so that in the event of fire it m~ be re~ily removed. ~y person neg~eqti~ or re~8~9~ ply with ~y provision of"~s section sh~l, upon conviction, be fined in a s~ not less th~ te~'~O~"more 'th~ one h~dred ' ~ere is hereby established a ~d of Fire W~d~ns to consist of tt~e Chief of the Fire Dep,~rtment, the Assis~mt Chief' ~d the Forem~ of each fi~_.~_co~y ~d the ~ief is de~l~ed d~n~ ~d the members of ~aid Bo~d of Fire W~dens ~ hereby '" inve~ted ~ith all ~h~ ~owers of polic~zen. I~ sh~ll be their duty to ex,ins ~1 the premise~ within'the city at least once a ye~ ~d r~ort to said Bo.~d ~1 violations of .S. ec~o~s.~........ ~ Section XVII!. When the alamn of fire is given by the £ire bell or the waterworks whistle every person us~mg water for irrigation pur- poses must close their faucets during the continuation of fire. Every person violating the provisions of this sectiom. '~ ~-~ upon conviction thereof shall be fined in a sum not less than five~nor more than twenty dollars and in default of payment of such fine be imprisoned at the rate of one day for each dollar Section X1X. All raon%'s collected for fines under this ordinaace shall, after deducting all expenses for collection, be paid into the City treasury and the".~,T~.easurer shall pl~,'e the same .in a fund to be called the "Firemems Benevolent Fund" Ed may be u~ed for such benevolent purposes, in connection with the Fire Department, as the Chief of the Fire Department may direct with' the approval and written consent Of t, he Finance Committee ofthe ...tbard of Trustees. "'--'---Passed this ~d.ay of P/~r~,~by the f~-i~o, ing vote:- ' ~ ~t-t~est. ~~. tees of the C~ty of Bakersf~e].d.. ..?.. --_ ............ ..~..: .'~.'~,,;~., '.... "' All ordinances or parts o-,? ordin~uo, e~ in conflict.with this ordin,.m~.ee are hereby repealed; an~ ,this ordinanee.~:~nat:l.,, be in force a,'ud effect ir. om ,..~ud a~.ter its .pa.~sagp and'pu'.b..l~,i'eati~n.