(A) Established. That there is hereby established a Fire Department in and for the city. The Fire Department shall consist of one Fire Chief and one Assistant Chief, and such fire, hook, and ladder companies as are now, or may hereinafter be organized by authority of the City Council. Each of said companies shall consist of no more than 15 active members, and shall have a foreperson and one or more assistant foreperson, who shall be elected by the company in such manner and for such length of time as the company may decide upon. Each company may adopt such constitution, laws, and regulations for its government, subordinate to the city ordinances, as it may deem necessary and proper, and may also elect such other officers as the Constitution of the company may require.
(B) Department of officers.
(1) The nominations of the Fire Chief and Assistant Chief shall be made by the members of the Fire Department, at a meeting to be held for that purpose on the first Monday of May of each year. Notice of such meeting, stating the hour and place to be given by the Fire Chief, shall be by publication in the official newspaper of the city.
(2) The voting shall be by ballot, and the person receiving the highest vote for the respective office shall be declared duly nominated, and such nomination shall be presented to the City Council at its first regular meeting thereafter for approval and confirmation.
(3) The Council may appoint the person so nominated to the office for which they are respectively named; the Fire Chief and Assistant, and all the other officers so confirmed by the City Council, shall hold their office for one year, and until their successor is elected and confirmed. Whenever a vacancy shall occur in the office of the Fire Chief or Assistant Chief, the senior foreperson shall then act as Chief for the unexpired term.
(C) Fire Chief’s duties. The Fire Chief shall, in all cases of fire, have sole and absolute control over all persons connected with the Fire Department. It shall be his or her duty to attend every fire which may occur within the limits of the city, and to cause the several apparatus to be properly placed, and to be worked in the most effective manner for the extinguishment of said fire. It shall be the duty of the Assistant Chief to see that his or her orders are faithfully executed. It shall also be the duty of the Fire Chief to examine, with care, at least once every month, all the apparatus belonging to the fire Department, and to report to the City Council any repairs, new apparatus, and material which may be necessary. The making of repairs and purchase of new materiel shall be done only by the City Council; provided however, the Fire Chief may, at the expense of the city, without making report as aforesaid, to the Council, cause to be made such incidental repairs on such apparatus as may be needed, not exceeding in cost the sum of $100 in any one fiscal year; and purchase tools and other articles which may be required by the Department, to such an amount and cost as may be authorized by a resolution of the City Council, not exceeding $25 in any one month. At the expiration of his or her term of office, the Fire Chief shall transmit to the City Council a full and accurate report containing:
(1) A list of all fires which may have occurred in the city during the year, with the origin thereof, the number and description of the buildings destroyed or injured, and the name of the owners and occupants;
(2) A list of all the members of the Fire Department, indicating the respective positions occupied by them therein;
(3) A full account of the expenditures made under his or her directions for repairs and other purposes connected with the management and maintenance of the Department; and
(4) A statement of the general condition of the Department, of defects therein requiring to be remedied, and of the changes and improvements therein, in his or her opinion, necessary or expedient.
(D) Chief Pro Tem. In the absence of the Fire Chief from any fire, or upon any other occasion, requiring the exercise of his or her official functions, the Assistant Chief, or the highest officer of the Department who is present, shall act in his or her capacity, and the officer so acting as Fire Chief shall, for the time being, be invested with all his or her authority.
(E) Fire company duties. It shall be the duty of the several fire companies belonging to the Fire Department whenever a fire breaks out within the limits of the city, immediately upon the alarm thereof, to repair to their respective apparatus, and convey the same to, or near the place where such fire may occur, and there in conformity with the directions given by the Chief in command, faithfully work and manage their respective apparatus until the fire is extinguished, and not remove therefrom, except upon permission of the Chief in command. When they shall return their apparatus to their several stations, and so soon as practicable, thoroughly clean said apparatus.
(F) Destroying buildings in time of fire. The Chief or acting Chief may direct the hook and ladder company or companies to pull, cut down, or remove any building, or other erection which may become necessary in order to arrest the progress of any fire.
(G) Taking apparatus without leave. No fire apparatus shall at any time, or upon any pretext, without the permission of the Chief or Assistant, be taken or moved out of its house by any person not connected with the Fire Department.
(H) Removing officers from office. If it shall appear to the City Council, at any time, by proper and satisfactory evidence, that the Fire Chief or other Assistant Chief of the Fire Department has exhibited gross incompetency or inefficiency in the performance of his or her duties, or is guilty of habitual misconduct in office, the City Council may remove such Fire Chief from office; provided that no such removal shall be ordered except by the affirmative vote of at least a majority of the Council.
(I) Disbanding fire companies. If any company belonging to the Fire Department shall be reported to the City Council by the Fire Chief as insubordinate, disorderly, or grossly inefficient, such company may be disbanded by the Council.
(J) Independent fire companies. There shall be no company or association of firefighters in the city who are not organized under this section and subject to its provisions.
(K) Powers granted.
(1) Police power is hereby granted to the Chief of Fire Department, members of the Fire Department, and the Chief of Police, for the purpose of investigating and inspecting the condition of said premises, and directing the maintenance of same in conformity to ordinances.
(2) It shall be the duty of the Chief of the Fire Department, or one of the members thereof, or of the Chief of Police, to make systematic inspection at least once every three months of all parts of each building, and inspection of alleys and rear of buildings monthly, within the fire limits prescribed by ordinance, and of all premises, other than private dwellings, within the corporate limits of the city; and to make a detailed report of dangerous conditions and violations of ordinance discovered on such inspections to the City Council, and shall forthwith give notice thereof to the owner and occupants of premises, and said owners and occupants of premises of which complaint is made shall remove objectionable conditions, as indicated by notice from Chief of Police or Chief of Fire Department or his or her inspectors, within 24 hours after receipt of notice.
(Ord. 33, passed 6-18-1895; Ord. 120, passed 1-8-1914) Penalty, see § 32.99