CHAPTER 33: POLICE AND FIRE DEPARTMENTS
Section
General Provisions
   33.01   Retirement for Police and Fire Departments
   33.02   Physical fitness standards adopted
Police Department
   33.10   Establishment
   33.11   Auxiliary police force
   33.12   Law Enforcement Foundation Program
   33.13   Carrying of concealed weapons
   33.14   Field Training Officer Manual adopted
   33.15   Taser Use Policy adopted
   33.16   Policies, Procedures and General Orders Manual adopted
Fire Department
   33.25   Establishment
   33.26   Fire calls outside corporate limits
Volunteer Fire Department
   33.35   Establishment
   33.36   Guidelines for membership
   33.37   Compensation; benefits
   33.38   Training requirements; rules and regulations
   33.39   Volunteer Fire Department Account
   33.40   Equipment; property
   33.41   Requirements for responding to fire call or training session
   33.42   Maintenance of records
   33.43   Dismissal from Volunteer Fire Department
   33.44   Use of name prohibited
GENERAL PROVISIONS
§ 33.01 RETIREMENT FOR POLICE AND FIRE DEPARTMENTS.
   (A)   For any city police officer or firefighter, eligible under the terms hereof, filing with the Finance Director/City Clerk/Tax Administrator a form electing to purchase in his or her own behalf an individual retirement account, and designating thereupon the insurance company with which he or she desires to purchase the account, the city shall contribute up to five percent (5%) of the gross income of such police officer or firefighter as a contribution toward the purchase of an individual retirement account.
   (B)   The Finance Directory/City Clerk/Tax Administrator is authorized to withhold from the gross income of any city police officer or firefighter electing to purchase an individual retirement account the percentage of the gross income designated by that police officer or firefighter as his or her personal contribution toward the purchase of an individual retirement account and to add five percent (5%) of the employee’s gross income as the city’s contribution, and to forward the total on a monthly basis to the individual insurance company, or its duly authorized agent, pursuant to such a salary savings plan agreement as may be executed by the individual company and the city, for application to the individual account.
   (C)   The contributions by the city toward the purchase of an individual retirement account shall be limited to police officers and firefighters under the age of fifty-five (55) years as of the date of enactment of this section.
   (D)   Individuals electing to purchase individual retirement accounts shall retire on or before the day they reach the age of seventy and one-half (70-1/2) years.
   (E)   The city shall have no reversionary interest in and to funds contributed by the city on behalf of any employee toward the purchase of individual retirement accounts.
   (F)   Individual employees may elect the funding medium for their individual account, choosing from either a pension annuity program or an endowment at age sixty-five (65) life insurance contract to provide retirement benefits, or a combination of these two (2).
   (G)   Police officers or firefighters who retire with over twenty-five (25) years of service and who were employed by the city as of August 25, 1975, and who retire at the age of sixty-five (65) or older, shall be paid the sum of five hundred dollars ($500.00) per month, for life, from general city funds as a pension benefit.
(Ord. 1-75-011, passed 8-25-75; Am. Ord. 320.7, passed 4-26-82; Am. Ord. 86-0-017, passed 10-13-86)
   (H)   No individual shall be eligible for these payments who retires prior to age sixty-five (65), or who fails to remain employed by the city for twelve (12) months from and after the date of the enactment hereof. Notwithstanding any provisions herein, the city may, at its option, elect to purchase a five percent (5%) individual retirement account on any such individual for the duration of his employment with the city, and to contribute from general funds the difference between the annuity contract and the sum of five hundred dollars ($500.00) per month.
   (I)   The Mayor and Finance Director/City Clerk/Tax Administrator are hereby authorized to execute such salary savings plan agreements, or other documents with individual life insurance companies as may be necessary to affect that company’s participation in the within program, that company having been designated by an employee eligible hereunder.
(Ord. 1-75-011, passed 8-25-75)
§ 33.02 PHYSICAL FITNESS STANDARDS ADOPTED.
   The City of Pikeville has adopted the physical fitness standards for newly hired and incumbent sworn police officers and firemen enumerated in Ord. No. 0-2007-012. Copies of those standards are available for public inspection during normal business hours at the office of the City Clerk.
(Ord. 0-2007-012, passed 4-23-07)
POLICE DEPARTMENT
§ 33.10 ESTABLISHMENT.
   (A)   There is hereby established a Police Department in the city. The Police Department shall consist of a Chief of Police and regular police officers.
   (B)   The office of Police Chief is also hereby established.
   (C)   The Police Chief and all police officers shall be appointed by the Board of Commissioners at will, and may be removed by the Board of Commissioners at will except as tenure and terms of employment are protected by statute, ordinance, or contract.
   (D)   No person shall be appointed or act as Police Chief unless such person has taken the oath required by Section 228 of the Constitution of the Commonwealth of Kentucky, and has provided a bond, if required by the Board of Commissioners, with corporate surety authorized to transact business in the Commonwealth of Kentucky and conditioned upon the performance of the duties specified herein and with the qualifications set forth in this chapter.
   (E)   Training and experience shall consist of any combination of education, training, and experience which provides the necessary knowledge, skills, and ability to perform effectively the duties of the position.
   (F)   Subject to the authority of the Board of Commissioners and the City Manager, the Chief of Police shall be responsible for the organization and operation of the Police Department of the city, and he or she shall supervise, direct, and control the equipment and personnel thereof in the enforcement of all statutes, laws, and ordinances.
   (G)   The compensation of the Police Chief and all police officers shall be in an amount to be established by the Board of Commissioners from time to time by ordinance.
§ 33.11 AUXILIARY POLICE FORCE.
   (A)   There is hereby established an auxiliary police force pursuant to KRS 95.445. The auxiliary police force shall consist of not more than two (2) persons.
   (B)   The Board of Commissioners shall by resolution designate the persons appointed, whose qualifications shall not be less than those required of regular police officers pursuant to KRS 95.440.
   (C)   Auxiliary police officers shall attend and service parking meters, issue traffic citations for traffic and parking violations, and assist in directing traffic. They shall have the right to serve civil and criminal subpoenas, and to make searches of persons in lawful custody or detention. They shall not have the right to make arrests or bear arms.
   (D)   Auxiliary police officers shall be under the direction of the Police Chief, who will direct them in their duties and assignments.
   (E)   The salary of the auxiliary police officers shall be as determined by the Board of Commissioners from time to time.
   (F)   Appointees shall take the oath of office as set forth in § 31.01.
   (G)   The Police Chief shall designate a suitable uniform, and auxiliary police officers shall receive a uniform allowance as provided for regular police officers.
(Ord. 320.2, passed 5-3-72)
Statutory reference:
   Auxiliary police, see KRS 95.445
§ 33.12 LAW ENFORCEMENT FOUNDATION PROGRAM.
   (A)   The city declares its intention to participate in the Law Enforcement Foundation Program established by KRS 15.410 through 15.515.
   (B)   Each officer of the city Police Department shall be paid from city funds an annual salary of at least the minimum federal wage, as required by KRS 15.440(1)(b).
   (C)   (1)   Each officer employed on or after July 1, 1982 shall have as a minimum educational attainment a high school degree or its equivalent, as determined by the Kentucky Law Enforcement Council.
      (2)   Each officer employed on or after July 1, 1982 shall, within one (1) year of his or her date of employment, complete a basic training course of at least four hundred (400) hours duration at a school certified or recognized by the Kentucky Law Enforcement Council.
   (D)   Each officer, whether originally employed before or after July 1, 1982, shall successfully complete each year an in-service training course of forty (40) hours duration appropriate to his or her rank and responsibility at a school certified or recognized by the Kentucky Law Enforcement Council. Each officer shall receive in each calendar year five (5) days time off with pay for the purpose of taking the required in-service training.
   (E)   No officer shall have his or her base salary reduced or be denied a normal salary increase to which he or she is otherwise entitled because of the salary incentive payments provided by the Kentucky Crime Commission under KRS 15.410 through 15.515.
   (F)   The Police Department and each officer thereof shall comply with all provisions of law applicable to local police, including the transmission of data to the Bureau of Criminal Information and Statistics as required by KRS 17.150.
   (G)   The Police Chief shall prepare or cause to be prepared such quarterly and other reports as may be reasonably required by the Kentucky Crime Commission to facilitate administration of the Fund and further the purposes of KRS 15.410 through 15.515.
   (H)   The Police Department and each officer thereof shall further comply with all reasonable rules and regulations appropriate to the size and location of this city’s Police Department, issued by the Kentucky Crime Commission to facilitate the administration of the Fund and further the purposes of KRS 15.410 through 15.515.
      (1)   The City Treasurer shall deposit in an appropriate account which can be identified separately from all other sources, all monies received under KRS 15.410 through 15.515.
      (2)   Upon receipt of any monies under KRS 15.410 through 15.515, the City Treasurer shall pay to each police officer the full amount received on behalf of that officer, giving to each officer a check stub or receipt on which the gross amount of monies paid to him or her under KRS 15.410 through 15.515 is included and identified.
      (3)   All financial records relating to monies received under KRS 15.410 through 15.515 shall be retained for a period of three (3) years and until the completion of an audit approved by the Kentucky Crime Commission and the United States Law Enforcement Assistance Administration.
(Ord. 320.6, passed 4-26-82)
§ 33.13 CARRYING OF CONCEALED WEAPONS.
   (A)   All members of the Police Department of the city who carry deadly weapons on or about their persons in their regularly scheduled duties as police officers for the city may carry concealed deadly weapons on or about their persons at all times within the Commonwealth of Kentucky.
   (B)   Deadly weapons that may be carried by members of the Police Department within the Commonwealth of Kentucky are those weapons that are usually carried by such officers in performing their duties while on regularly scheduled shift of duty for the city.
(Ord. 320.3, passed 1-22-73)
Statutory reference:
   Carrying of concealed deadly weapon by police officer, see KRS 527.020(3)
§ 33.14 FIELD TRAINING OFFICER MANUAL ADOPTED.
   The Pikeville Police Department Field Training Officer Manual attached to Ord. No. 0-2005-016 is hereby adopted as Chapter 3 of the Rules and Regulations Manual of the City of Pikeville Police Department. Copies are available for public inspection during normal business hours at the office of the City Clerk.
(Ord. 0-2005-016, passed 9-12-05)
§ 33.15 TASER USE POLICY ADOPTED.
   The Taser Use Policy attached to Ord. No. 0-2005-017 is hereby adopted as Chapter 1-25 of the Rules and Regulations Manual of the City of Pikeville Police Department. Copies are available for public inspection during normal business hours at the office of the City Clerk.
(Ord. 0-2005-017, passed 9-12-05)
§ 33.16 POLICIES, PROCEDURES AND GENERAL ORDERS MANUAL ADOPTED.
   The City Commission hereby fully supports, approves and adopts the Pikeville Police Department Policies, Procedures and General Orders Manual, as submitted and attached to the resolution dated November 11, 2013, and all content set forth therein.
(Res. - - , passed 11-11-13)
FIRE DEPARTMENT
§ 33.25 ESTABLISHMENT.
   (A)   A Fire Department is hereby established in the city.
(Ord., passed 1-4-38)
   (B)   The office of Fire Chief is also hereby established.
      (1)   The Fire Chief shall be appointed by the Board of Commissioners, and may be removed by the Board at will.
      (2)   No person shall be appointed or act as the Fire Chief unless such person has taken the oath required by Section 228 of the Constitution of the Commonwealth of Kentucky and has provided a bond, if required by the Board of Commissioners, with corporate surety authorized to transact business in Kentucky and conditioned upon the performance of the duties specified herein and meets the qualifications set forth in this chapter.
      (3)   Subject to the authority of the Board of Commissioners and the City Manager, the Chief shall be responsible for the organization and operation of the Fire Department and shall supervise, direct, and control the equipment of the Fire Department and the firefighters in their response to fires and the extinguishment thereof and the plans, preparations, procedures, practice, and training in regard thereto, and may, as Chief of the Fire Department, perform or cause to be performed all other actions authorized by law, ordinance, or regulation.
§ 33.26 FIRE CALLS OUTSIDE CORPORATE LIMITS.
   (A)   The Fire Department shall not respond to emergencies or fire calls outside the corporate limits of the city unless a request is made by another city for assistance in fighting a fire or other emergency; however, the city making the request must have sufficient equipment or facilities of their own to reciprocate in the event that the city should call upon them for assistance.
(Ord. 310.2, passed - - 76)
VOLUNTEER FIRE DEPARTMENT
§ 33.35 ESTABLISHMENT.
   (A)   There is hereby established a Volunteer Fire Department for the city which shall, in addition to the Fire Chief and the other officers and employees of the Fire Department, assist in providing firefighting services within the corporate limits of the city and in such other areas as the city may authorize from time to time.
   (B)   All volunteer firefighters will function under the direct supervision and control of the Fire Chief of the Fire Department. The Volunteer Fire Department shall consist of a Captain, Assistant Captain and members. The Captain and Assistant Captain shall be elected annually by the members of the Volunteer Fire Department, subject to confirmation by the City Commission after receiving the recommendation of the Fire Chief. Each shall hold office for one (1) year and until his or her successor has been duly elected and approved.
(Ord. 0-93-002, passed 2-2-93)
§ 33.36 GUIDELINES FOR MEMBERSHIP.
   All applications submitted for the position of volunteer firefighter will be submitted to the Fire Chief for review. All completed applications shall be delivered to the City Manager on request along with the Fire Chief’s recommendation as to any new members which then must be approved by the City Manager. The guidelines for membership to the Volunteer Fire Department are as follows:
   (A)   Applicant must be eighteen (18) years of age.
   (B)   Applicant must be of good moral character.
   (C)   Applicant must have a valid driver’s license and proof of insurance or proof of an alternate means of transportation to and from a fire scene.
   (D)   Applicant must be able to pass a physical agility test prescribed by the Fire Chief.
   (E)   Applicant must have completed within a timetable to be set by the Fire Chief, any training course(s) prescribed by the Fire Chief, and passed an examination indicating adequate knowledge of matters taught in the training course. Matters coverage shall include methods of firefighting, types of buildings, operation of equipment, first aid, treatment of smoking inhalation, and such relevant items as shall be directed by the Fire Chief. In the case of an individual who has prior experience as a firefighter on a volunteer fire department or on a full time fire department, the Chief may waive any part of the course but the applicant shall take the test.
(Ord. 0-93-002, passed 2-22-93)
§ 33.37 COMPENSATION; BENEFITS.
   Members of the Volunteer Fire Department are not, nor shall they at any time be considered employees of the city. They shall not be eligible for any compensation, insurance, pension benefits, retirements benefits, or any other form of compensation offered to be paid to city employees. Members hall receive a per diem sum of fifteen dollars ($15.00) per fire call or twelve dollars ($12.00) per training session attended by a member which shall not be deemed compensation but shall be reimbursement for the members’ expenses incurred in attending a fire call or training session.
(Ord. 0-93-002, passed 2-22-93; Am. Ord. 0-99-004, passed 2-22-99)
§ 33.38 TRAINING REQUIREMENTS; RULES AND REGULATIONS.
   (A)   Each member of the Volunteer Fire Department shall take and complete continued training which shall be under the direction of the Fire Chief and/or his designated training officers at such intervals as may be prescribed by the Fire Chief. The Fire Chief may require a minimum number of hours of training for each member. The minimum number of hours shall be the amount required, in the opinion of the Fire Chief, to learn new techniques and to continue to maintain skills under old techniques.
   (B)   The Fire Chief shall establish, with approval of the City Commission, such other rules and regulations governing the activities of the members of the Volunteer Fire Department which is not inconsistent with this subchapter.
(Ord. 0-93-002, passed 2-22-93)
§ 33.39 VOLUNTEER FIRE DEPARTMENT ACCOUNT.
   (A)   There is hereby established and the City Treasurer shall maintain a fund to be known as the Volunteer Fire Department Account, a record of which shall be kept by the City Treasurer, into which shall be paid all monies received of the Volunteer Fire Department and from which all disbursements shall be made.
   (B)   Contribution of funds or materials offered to any member of the Volunteer Fire Department should be referred to the City Manager or the Finance Office for acceptance when possible. If a member believes that a contribution of funds or materials will be jeopardized because of a referral to the City Manager or Finance Office for acceptance, the member may accept contributions of funds or materials only if the member also obtains the name and mailing address of the contributor. The contributor’s name and address along with the funds shall be immediately taken to the Finance Office.
   (C)   Expenditure of the Volunteer Fire Department Funds shall be by requisition to the Finance Office signed by the Captain or Assistant Captain, Fire Chief and City Manager.
   (D)   The Volunteer Fire Department shall not solicit either in person or by phone for any donations of any kind without prior approval by the City Commission. All other fund raising activities shall have prior approval of the City Commission.
   (E)   The funds designated for the Volunteer Fire Department shall be used solely for the expenses of maintaining the Volunteer Fire Department, membership training and certification, and for the purpose of providing and maintaining equipment for the use of the Volunteer Fire Department. The City Commission may from time to time designate funds for the use of the Volunteer Fire Department.
(Ord. 0-93-002, passed 2-22-93)
§ 33.40 EQUIPMENT; PROPERTY.
   All equipment, property or other assets of the Volunteer Fire Department shall be maintained in the name of the city, an inventory of which shall be maintained at all times. All Volunteer Fire Department equipment such as bunker clothes, radios, pagers, and the like will be secured at Station No. 2 for distribution subject to inventory.
(Ord. 0-93-002, passed 2-22-93)
§ 33.41 REQUIREMENTS FOR RESPONDING TO FIRE CALL OR TRAINING SESSION.
   Members of the Volunteer Fire Department shall not be permitted to use red lights or sirens, nor shall they respond to a fire call or training session in a vehicle so equipped, and will be expected to obey all traffic laws and regulations while responding to and from a fire scene.
(Ord. 0-93-002, passed 2-22-93)
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