(a) Definitions. For the purposes of this section, the following words and terms shall have the following meanings:
(1) "Officer" means a hired member of the City Fire Department who is not subject to the terms of a collective bargaining agreement. Notwithstanding the foregoing, the term "officer" shall not include the Fire Chief.
(2) "Residence" means a dwelling place used as a home, located within fifteen radius miles of the City Hall, and includes single-family dwellings, rental apartments and property, mobile homes, condominiums, and dwelling units in multifamily, multi-dwelling or multipurpose buildings.
(3) "Resident" means an officer who occupies a residence, as hereinbefore defined, as his or her principal place of residence and abode.
(b) Residency Required.
(1) Each and every officer, unless otherwise exempted by subsection (c) below, who is designated with the following rank and/or title shall be a resident as that term is defined in subsection (a) and shall maintain resident status during his or her period of employment:
A. Deputy chief of the Fire Department; and
B. District chiefs of the Fire Department.
(2) Any person who serves as the Fire Chief shall be required to reside within the corporate limits of the City during his or her term of office pursuant to Section 242.05.
(c) Exemptions.
(1) Grace period. Any officer hired to any rank and/or title listed in subsections (b) of this section after the effective date of the ordinance codified in this section, who is not a resident as of the effective date of appointment or hiring, shall be allowed a period of six months in which to become a resident. The six-month term can be extended by another six months upon approval of the City Manager. Notice of this residency requirement must be acknowledged in writing by the newly hired officer at the time of hiring.
(2) Any officer holding any rank and/or title listed in subsection (b) of this section prior to the effective date of the ordinance codified in this section, with established residency can maintain that residency at the previously established address however, in the event that the officer moves, that officer must comply with the fifteen mile radius residency requirements of this section.
(3) In the case of a promotion to one of the ranks and/or titles listed in subsection (b)(1) of this section, by a firefighter who was a member of the Fire Department prior to the effective date of the ordinance codified in this section, such firefighter may maintain their established residence as of the effective date of this ordinance provided such residence is within twenty miles of City Hall. However, in the event that the firefighter moves, that firefighter must comply with the fifteen mile radius residency requirements of this section.
(4) The residency requirement shall not apply to and be imposed upon part-time firefighters.
(5) Firefighters who are subject to a collective bargaining agreement shall be subject to the residency requirements set forth in the collective bargaining agreement.
(d) Anti-Discrimination. The residency requirement of this section shall not be utilized in any manner to discriminate against person in appointment, hiring, or discharge, nor to the deprivation of any person's civil rights.
(e) Violation-Penalty. Any officer violating any provision of this section is subject to the discipline of suspension (without pay, until the officer is in compliance with this section), or discharge/termination.
(Ord. 95-43. Passed 8-21-95; Ord. 2019-37. Passed 7-15-19.)