[HISTORY: Adopted by the Borough Council
of the Borough of Honesdale as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-11-1993 by Ord. No. 530]
The Fire Department of the Borough of Honesdale
shall be composed of a Fire Chief, a Deputy Fire Chief, a Captain
and three Lieutenants from each company and other officers as the
Department may require for operations such as the rescue, dive rescue,
fire police, etc.
On or before the last Monday of September in
each election year and at all other times when requested by the Borough
Council, the Secretary of each Fire Company shall make a report in
writing setting forth the names of the candidates for Fire Chief nominated
by his/her company, said report to be given to the Mayor of the borough.
It shall be the duty of the Mayor, under the
direction of the Borough Council, to give notice of the time and place
for the holding of any election for Fire Chief by advertisement in
one or more newspapers published in said borough and by handbills
posted in four Fire Company meeting rooms at least 10 days before
such election.
On the first Monday of October 1987, and on
the first Monday of October of every second year thereafter, the members
of the Honesdale Fire Department shall elect one person to be Fire
Chief, and that person shall hold this office until his or her successor
shall be duly elected and qualified. Said election shall be held by
the Mayor of the borough, together with one member from each Fire
Company elected at its September meeting immediately preceding the
election to be held in October of the appropriate year. The Mayor
shall make return of such election to the Council of the borough at
its first meeting after the election shall have been held and shall,
within said time, give a certificate of election to the person elected
Fire Chief. The Deputy Fire Chief shall be appointed by the Chief
immediately after the election. The selection is subject to approval
of the other officers of the Department at a meeting to be held within
two weeks of the Chief's election. The Captains and Lieutenants will
be elected or appointed according to the bylaws of their individual
Company. Their terms of office shall also be directed by their Company.
The Fire Chief, immediately after taking office,
shall call a meeting of the Captains and Lieutenants of each Company
and shall examine all equipment. The Fire Chief shall call such meeting
annually.
The Fire Chief shall keep a record of the officers
and members of the Fire Department and upon the expiration of his
term of office shall deliver the same to his successor.
Whenever a vacancy shall occur in the office of Fire Chief by death or resignation or for any reason, the Deputy Fire Chief shall fill the vacancy of Fire Chief until a new election is held. Such election for the new Fire Chief shall take place within 60 days of the death, resignation or removal of the Fire Chief for any reason whatsoever to cover the unexpired term. In the event of a vacancy in the office of Deputy Fire Chief by death or resignation or for any reason, the Fire Chief shall appoint a new Deputy Fire Chief as provided in § 19-4.
All charges brought against the Fire Chief shall be made in writing, particularly specifying the conduct complained of, and shall be signed by at least 10 active members of the Fire Department and shall be presented to the Borough Council, and said Council shall, within 20 days thereafter, proceed to examine the same if, in its judgment, such charges require examination. If such charges are sustained and, in the opinion of said Council, the interests of the Fire Department demand the removal of the officer against whom such charges are brought, it shall be the duty of such Council to remove such officer and appoint his or her successor until an election can be held to fill the vacancy occasioned by such removal, which said election shall be held on some day appointed by the Council within 20 days after the removal of such officer. Said election shall be held in the manner set forth in § 19-4 of this article, provided that the officer complained of in such charges shall be by the Borough Council furnished with a written notice of the time and place of such examination and with a copy of such charges at least 10 days before such examination and shall have the right to be present at such examination, to produce evidence in his or her favor and to examine and cross-examine witnesses.
Any neglect or refusal on the part of any officer to perform any duty required by him or her or by any of the provisions of this article shall be subject to the provisions of § 19-8.
In case of a fire, an alarm of fire, training
or any other Fire Department function, if any officer or member of
any Fire Company shall neglect or refuse to obey the directions of
the Fire Chief or the Deputy Fire Chief, Company Captains/Lieutenants
or any other person lawfully acting as such officer, it shall be reported
to the Company of this person, in writing, incurred by such officer
or member.
All fire apparatus connected with the Fire Department
shall be kept in such places as designated by approval from the Fire
Chief, a majority of the line officers of the Fire Department and
the Borough Council.
To justify the purchase of any apparatus and
match the specific needs of the Fire Department, such purchase must
receive final approval from the Fire Chief, a majority of the line
officers of the Fire Department and the Borough Council.
In the case of fire, alarm of fire, training,
when on parade or any other Fire Department function, the Fire Department
apparatus shall be subject to the control of the Captains or Lieutenants
of each of the Fire Companies.
At any time of fire or emergency, if the Fire
Chief is absent, the Deputy Fire Chief will be in charge. If the Fire
Chief and the Deputy Fire Chief are absent, the Captain or ranking
Lieutenant of the first Company arriving will be considered to be
in charge of the fire or emergency until the arrival of the Fire Chief
or Deputy Fire Chief.
In case a request is made to take the Fire Department
apparatus out of the borough for use at a fire or for other purposes,
such requests must be granted by the Captain of each Company, the
Fire Chief or the President of the Borough Council.
If any Fire Company, in case of fire, alarm
of fire, training or any other Fire Department function, shall misbehave
itself or at any time shall neglect or refuse to take proper care
of the Fire Department apparatus or other property entrusted to its
care or shall in any way be guilty of conduct calculated to damage
the interest of the Fire Department, it shall be the duty of the Borough
Council of said borough, upon specifications in writing particularly
setting forth the misconduct of such Company, signed by the Fire Chief,
to give the President, the Captain and other officers of said Company
notice of such complaint, together with a copy of such specifications;
said notice shall set forth the time and place of the examination
of such specifications, and within 15 days after such notice shall
have been given, it shall be the duty of said Council to examine such
charges in said specifications, and if said charges are sustained,
such Company shall, if said Borough Council deems that the interests
of the Fire Department require the same to be done, be disbanded,
and all property belonging to said borough in the possession of said
Company shall be taken from it, provided that such Company shall have
the right at such examination to produce witnesses in its favor and
may appoint a committee of its members, not exceeding three in number,
to appear for it at such examination and examine and cross-examine
witnesses.
The Borough Council of said borough may, whenever
it thinks the interest of the Fire Department of said borough requires
the same to be done, disband any Fire Company and take possession
of any property belonging to said borough in the charge and care of
the Council. Whenever said Council shall disband any such Company,
it shall cause a written notice of the fact that such Company is disbanded
to be served forthwith upon the President, Captain or other officers
of such disbanded Company and shall also notify the Fire Chief of
the fact that such Company has been disbanded.
All Fire Department members shall at all times
and under all circumstances comply with any and all federal, state,
local and Fire Department rules, laws and regulations.
[Amended 12-12-2005 by Ord. No. 610]
The Fire Department may appoint up to 24 fire
police from the membership of any of the four companies to serve as
fire police, who shall be under the direction of the Mayor or his
or her designee, i.e., Borough Police Chief, or Council President,
and the Fire Chief or officer in charge as previously set forth in
the Fire Department chain of command.
The fire police shall be regulated by a set
of uniform guidelines to be established in the bylaws of each Fire
Company. These guidelines shall be established by a committee consisting
of the Mayor, Borough Police Chief, Fire Chief, Captain of fire police
and the Captain from each Fire Company, and said guidelines shall
comply with all federal, state, local and Fire Department rules, laws
and regulations.
[Adopted 2-15-2021 by Ord. No. 704]
This article shall be entitled the "Honesdale Fire Department
Recovery Ordinance."
A.
Honesdale Borough is fortunate to have the Honesdale Borough Fire
Department to provide emergency services in and about Honesdale Borough
and the Central Wayne County Region.
B.
The Borough recognizes the financial requirements of the Fire Department
to maintain and provide emergency services for the Fire Department's
coverage area.
C.
The Borough has determined that individual property owners, renters,
visitors, and motor vehicle owners may maintain insurance coverage
within their own casualty insurance policies, homeowner's policies,
motor vehicle policies and/or other applicable insurance policies
that would provide potential reimbursement to the Fire Department
for firefighting, search and rescue, emergency services and any and
all other conceivable emergency and/or community services rendered
to individual property owners, motor vehicle owners, residents and
businesses in response to any and all emergency services requests
provided by the Fire Department.
D.
It is the intention of the Borough Council of Honesdale Borough,
by and under this article, to recognize the authority of the Fire
Department to seek collection and reimbursement for reasonable costs
of the Fire Department as to any and all such emergency and/or community
service responses from any and all applicable insurance coverage scenarios.
A.
The Fire Department is hereby authorized to seek and collect any
and all possible insurance-coverage related reimbursement for the
Fire Department for firefighting, search and rescue, emergency services
and any and all other conceivable emergency and/or community services
rendered to individual property owners, motor vehicle owners, residents
and businesses in response to any and all emergency services requests
provided by the Fire Department.
B.
The authorization granted and provided for herein is intended to
provide to the Fire Department, by and through its respective officers
and/or designees or other authorized representatives, to ascertain
any and all available insurance coverage under any given emergency
response and/or similar circumstance and to take any and all necessary
and affirmative steps to apply for and receive reimbursement from
any insurance carriers where an insured is or may be insured for reimbursement
to the Fire Department for any and all costs and/or expenses incurred
for services, supplies and/or equipment used for or provided to the
insured by the Fire Department.
Notwithstanding anything provided for herein, under no circumstances
shall any property owner, motor vehicle owner, resident, visitor,
business owner or the like ever receive a bill from the Fire Department
for any emergency services provided by the Fire Department unless
provided for under separate ordinances.
A.
This article shall be liberally construed to accomplish its purpose
to allow for and provide for compensation of and/or reimbursement
to the Honesdale Fire Department from any and all available insurance
proceeds only for costs and or expenses incurred while the Fire Department
is providing emergency services pursuant to its duties and functions
as an emergency services response department.
B.
As provided for herein, the Fire Department is hereby authorized
to take any and all steps necessary to accomplish the purpose of this
article, including investigation, examination, inquiry, contact and
billing in pursuit of any and all possible reimbursement claims.
C.
Any such claims for reimbursement may be processed and submitted
by the Fire Department, its officers and/or designees of the Fire
Department.
Any ordinance or part(s) thereof inconsistent herewith is hereby
repealed.
Should any section, subsection, clause, provision or other portion
of this article be declared invalid by any court of competent jurisdiction,
such decision shall not affect the validity of the remainder of this
article, the Borough Council of Honesdale Borough having adopted this
article as if such invalid portions had not been included therein.
