A.
The organization regulated herein shall be known as the "Port
Jervis Fire Department."
B.
The Port Jervis Fire Department is organized exclusively for
one or more exempt purposes within the meaning of Section 501(c)(3) of the
Internal Revenue Code, or corresponding section of any future federal tax
code. Upon the dissolution of the Port Jervis Fire Department, assets shall
be distributed for one or more exempt purposes within the meaning of Section
501(c)(3) of the Internal Revenue Code, or corresponding section of any future
federal tax code, or shall be distributed to the federal government or to
a state or local government for a public purpose.
[Added 7-23-2007 by L.L. No. 7-2007]
Its object shall be the preservation and protection of life and property
from and during such fires and other emergencies as may occur in the City
and in such other territory to which the Chief of the Fire Department may
be authorized to dispatch assistance.
The Department shall be composed of those fire companies appointed by the Common Council under § C8-3 of the Charter, and each company shall contain not more than 75 men on the active roll or such other number as may be determined by the Common Council under the authority vested in that body.
The members of the Fire Department shall be the active members of each
company.
Adoption of bylaws by the Fire Department shall be subject to procedure
as follows: After having been read at a regular meeting of the Board of Officers,
a vote shall be taken at the next regular meeting of the Board of Officers
following the period of time during which each fire company shall have held
a regular meeting, and if then approved by 75% of the votes cast, the bylaws
shall become effective as of the date approved by the Common Council.
Any amendment to the bylaws of the Fire Department shall be made only
in the following manner: An amendment may be proposed by any member of the
Board of Officers at a regular meeting. It shall then be held in abeyance
during such time as shall give each of the fire companies opportunity to have
considered it at the next regular meeting of such fire company. It shall then
be submitted at the next regular meeting of the Board of Officers, in writing,
and if approved by 75% of the members present, such amendment shall be drawn
in proper form by the proposer in conjunction with the Bylaw Committee so
as to become part of the bylaws, subject to the approval of the Common Council.
The officers of the Department shall consist of a Chief, First Assistant,
Second Assistant, Treasurer, Secretary, and the Captain, First Lieutenant
and Second Lieutenant of each of the fire companies.
The Chief, First Assistant, Second Assistant, Treasurer and Secretary
shall be elected by the active members of the Fire Department at such time,
for such terms and in such manner as the Common Council may prescribe or as
may hereinafter be set forth, subject to approval of the Common Council.
Each fire company of the City shall furnish the Common Council a list
of active members eligible to vote for Department officers, said list to be
furnished at least one week prior to the date fixed for such election.
The duties of the Department officers shall be those duties set forth
in Article VIII of the Charter of the City of Port Jervis.
Each officer of the Fire Department, upon the expiration of his term
or upon his removal from the City, shall deliver all books, papers, writings
and property of every kind and description to his successor in office or to
such person or persons as the Mayor and Common Council may appoint for that
purpose.[1]
It shall be the duty of the Chief of the Fire Department to file an
annual report with the City Clerk-Treasurer wherein shall be set forth the
following:
A.
A list of all the members in the respective companies,
distinguishing the honorary from the active members.
B.
The number and names of those added during the preceding
year.
C.
The number and names of those who have been dropped by
reason of death, removal, resignation, expiration of service and discharge.
D.
A full, minute inventory of all property of the Department
in the hands of the company and its officers.
E.
The number of times which the respective companies have
turned out, whether for extinguishing fires, for false alarms, for exercise
and practice or for parades, and the condition of their several engines, hook
and ladder and hose trucks, with all their appurtenances and apparatus.
The officers set out in § 55-7 of this chapter and the Chief of Fire Police shall comprise the Board of Officers of the Fire Department.
The Board of Officers as designated in § 55-7 of this chapter shall meet once a month at such time and place as may be designated by the Chief and in addition shall convene for such special meetings as may be ordered by the Chief.
The Chief shall preside at meetings of the Board of Officers. The order
of succession to the Chair in the absence of the Chief or other officers shall
be as follows: First Assistant, Second Assistant, Treasurer and Secretary.
A quorum shall consist of 1/3 of the members of the Board of Officers,
and no meeting of the Board of Officers shall be held nor any business transacted
if there is less than a quorum present at the appointed time and place.
The order of business for meetings of the Board of Officers shall be
as follows:
Matters brought to vote before the Board of Officers shall be decided
by a simple majority vote of members present except in such cases as may be
otherwise provided for in the bylaws. A written vote shall be taken when requested
by any three members present.
A.
Deposit. Funds raised by cooperative action of the companies
in the name of the Fire Department through means established by their representatives
acting as the Board of Officers shall be deposited in the treasury of the
Board of Officers.
B.
Division. Division of funds which are to be allocated
to the various companies shall be on an equal basis to all companies, except
that in the event of any company or companies failing to cooperate in the
raising of such funds or to abide by the decisions of the Board of Officers
arrived at in prescribed form, the Board of Officers may, by vote of not less
than 75% of the members present, resolve to deny that company or those companies
an equal share in such division of funds.
C.
Applicability of section. Moneys received from insurance
companies shall not be deemed to be included under this section.
Assessments by the Board of Officers against the companies shall not
exceed two per calendar year, and the amount of assessment against each company
or the value of tickets so assessed shall not exceed $100 for any one assessment.
Every complaint for the violation of any of the provisions regulating
the Fire Department made by any person, except the Mayor and Common Council,
must be made in writing and filed with the Clerk-Treasurer of said City and
must be subscribed with the name of the complainant and must state the names
of the witnesses by whom the offense can be proved.
A.
Provided. The City, pursuant to Section 218 of the Federal
Social Security Act and Article 3 of the Retirement and Social Security Law,
shall provide old age and survivors' insurance coverage for eligible firemen.
B.
Eligibility. Such coverage shall be provided for those
firemen covered by the New York State Employees' Retirement System or by a
local retirement system or pension plan.
The City shall provide workers' compensation insurance for volunteer
firemen in accordance with said Chapter 794 of the Laws of 1947[1] and the provisions of the General Municipal Law.
[1]
Editor's Note: See § 2 et seq. of the Workmen's Compensation
Law.
The expense allowance for the indicated members of the Fire Department
will be set annually as part of the City's annual budget:
The several fire engines, hose carriages and ladder trucks, together
with their appurtenances and all other property belonging to the Fire Department,
shall be placed and kept under the control and immediate direction of the
Chief, subject only to the superintendence of the Mayor or such person or
persons as the Mayor or Common Council may appoint for that purpose.
A.
Generally. On the occasion of a fire or an alarm, it
shall be the duty of the Chief of the Department and his Assistants to be
present thereat, to assume complete control of the Department and apparatus,
to issue all orders and directions and see that they are obeyed with precision
and alacrity. Should the Chief and his Assistants be absent, then the Captain
of the first company which may arrive upon the grounds shall be invested with
powers and authority and may assume and perform the duties belonging to the
office of Chief until that officer or an Assistant shall arrive.
B.
First Assistant. At a fire it shall be the duty of the
First Assistant to take his position between the Chief and the working companies
so that he can hear and repeat all orders and can pass and repass to and from
the burning building to observe that the means used are effective. In the
absence of the First Assistant, this duty devolves upon the Second Assistant.
C.
Second Assistant. At a fire it shall be the duty of the
Second Assistant to take his position at the place where water is obtained;
to assume the direction of engines as they arrive upon the ground; to assign
them their respective positions; to direct and assist the Captain in getting
them at work; to communicate with the First Assistant; and to repeat his orders
to the officers of companies and see that they are obeyed with precision and
dispatch. In case of his absence or inability, the duty may be performed by
the Captain of the company first to arrive upon the ground.
It shall be the duty of the Chief, together with the Assistants, in
case of fire or other emergency, to see that the general equipment is stationed,
arranged, used and worked in the most orderly and efficient manner for the
extinguishment of the same and also to enforce the observance of good order
and sobriety amongst the members of the several fire companies while on duty.
In the event of absence of the Chief or inability to act, the First
Assistant, or in the event of absence of both the Chief and First Assistant
or inability of both, then the Second Assistant, shall be invested with the
powers and authority of, and shall assume and perform the duties belonging
to, the office of Chief.
At a fire it shall be the duty of every officer not mentioned above
and every member of the Department to station himself with his company if
the same is upon the ground and, if not, to report himself to the Captain
of some other company and obey his orders until the arrival of the company
to which he may be attached. No officer or member shall leave his engine under
any circumstances without permission from the officer in command at the time.
No member shall give any order or direction, nor need he obey any, excepting
those of the Chief, Assistants or of his own officers. No member shall make
any noise unnecessarily which shall tend to prevent the hearing of orders,
and at all times he shall be observant that no injury be done to the property
of the Department without reporting the same to the Captain.
[Amended 9-28-1981 by L.L. No. 4-1981]
No equipment shall, on the alarm of fire or at any other time or for
any other purpose, be taken out of its house unless by the direction of the
Chief or Assistant or at least one of said officers shall be present and consent
thereto.
If any equipment or apparatus connected with the Department shall require
any attention or repair, it shall be the duty of the person having charge
of the same forthwith to report the particulars thereof to the Chief or, in
case of his absence or inability, then to either of the Assistants.
It shall be the duty of the officer in charge of the company equipment
to examine and inspect the engine house and all things connected with the
Department at least once in four weeks and always immediately after the same
or any part thereof has been used, as in case of fire or an alarm, to the
end that if necessary they may be put in repair for instant and effective
service.
[Amended 9-28-1981 by L.L. No. 4-1981]
No equipment shall be drawn, wheeled or placed upon the sidewalks of
any street in the City except by the express order of the Chief, his Assistants
or Captain.
No fire company belonging to the Fire Department of the City shall,
with an engine, ladder truck, hose cart or other property of the Department,
join in any public parade or visit any other town, city, village or place
unless with the permission or consent of the Common Council for that purpose
first had and obtained.
