There shall be in the City of Hudson a Department known as "The
Department of Fire."
There shall be appointed by the Mayor a Commissioner of Fire,
who shall be head of the Department of Fire.
The Commissioner of Fire shall hold office during the pleasure
of the Mayor.
The appointment of the Commissioner of Fire shall be evidenced
by a certificate, in writing, signed by the Mayor, and filed forthwith
in the office of the City Clerk.
In case of the absence or the inability of the Commissioner
or of a vacancy in the office, the Chief of the Fire Department shall
discharge the duties of office until the Commissioner returns, his
disability ceases or the vacancy is filled.
The Commissioner and such other persons as the Commissioner
shall designate, before entering upon the discharge of the duties
of their respective offices, shall each execute and file with the
City Clerk an official undertaking in such sum as may be specified
elsewhere in this Charter.
The Commissioner of Fire shall have cognizance, jurisdiction,
supervision and control of the government, administration, disposition
and discipline of the Fire Department and of the officers and members
of said Department, and shall possess and exercise fully and exclusively
all powers and perform all duties pertaining to the government, maintenance
and direction of said Department, and the apparatus and property thereof
and buildings furnished therefor, and shall have the general direction
and supervision of the expenditure of all moneys appropriated for
fire purposes and hereafter appropriated to the Department of Fire.
He shall have the authority to administer oaths and take evidence,
affidavits and acknowledgments in all matters and proceedings pertaining
to the Department. He shall have general supervision over the records
of the Department and its offices. He shall possess such other powers
and perform such other duties as may be prescribed by the law and
all ordinances and local laws of the Common Council.
The Commissioner of Fire shall make, adopt and enforce such
reasonable rules, orders and regulations not inconsistent with law
as may be reasonably necessary to effect a prompt and efficient exercise
of all the powers conferred and the performance of all duties imposed
by law upon him or the Department under his jurisdiction. He is authorized
and empowered to make, adopt, promulgate and enforce reasonable rules,
orders and regulations for the government, discipline, administration
and disposition of the officers and members of the Fire Department,
and for a hearing, examination, investigation, trial and determination
of charges made or prepared against any officer or member of said
Department for neglect of official duties or incompetency or incapacity
to perform his official duties or some delinquency seriously affecting
the general character or fitness for the office, and may, in his discretion,
punish any such officer or member found guilty thereof by reprimand
or suspension during a fixed period or dismissal from office; but
no officer or member of said Department shall be removed or otherwise
punished for any other cause, nor until specific charges in writing
have been preferred against and served upon him and he shall have
been found guilty thereof after reasonable notice and upon due trial
before said Commissioner in the form and manner prescribed by law
and the rules and regulations of the Department.
In addition to the powers and duties specifically enumerated
herein, the Commissioner of Fire shall have the same authority, powers
and duties heretofore vested in and held by any previous commission
or commissioner having powers of supervision over the Fire Department
under this or any previous Charter or local law, except as otherwise
may have been amended, with reference to the officers and members
of the Fire Department of the City of Hudson, and the government,
maintenance and direction of said Department and its apparatus, property
and buildings, and the general direction and supervision of the expenditure
of all moneys appropriated to said Department, together with all of
the powers and duties enumerated in §§ C21-19 and C21-20
of the Charter of the City of Hudson and acts amendatory thereto.
It shall be the duty of the Commissioner of Fire to meet with
the Mayor of the City of Hudson for the purpose of reporting to him
the condition of the Department of Fire and the conduct of his office
on the second Tuesday of each month; provided, however, that in the
event the second Tuesday of any month shall fall upon a public holiday,
he shall meet with the Mayor on the first day thereafter.
[Amended 6-20-2023 by L.L. No. 4-2023]
The Commissioner may procure necessary engine rescue trucks
and other necessary and convenient apparatus for the prevention and
extinguishment of fires, in addition to the engine rescue trucks and
other apparatus now belonging to the City, and he shall maintain safe
and convenient places and buildings for keeping the same, and shall
repair and improve the same or any part thereof, and shall keep said
buildings in repair, and do all things necessary to equip, manage
and control the Fire Department of the City.
[Amended 2-17-1987 by L.L. No. 1-1987; 12-20-1994 by L.L. No.
1-1995]
A.
Volunteer members of a fire company in the City of Hudson shall be
elected and appointed as provided in this section.
B.
The Commissioner of Fire shall appoint residents of the City as volunteer
members of any newly organized fire company. Thereafter, the fire
company may elect other eligible persons, including City officers,
as volunteer members. The election shall be pursuant to the bylaws
of the fire company, if any; otherwise, by a three-fourths vote of
the members of the fire company present and voting at a regular or
special meeting thereof. The membership of any person so elected shall
become effective when approved by action of the Commissioner of Fire.
Membership shall be deemed to have been approved pursuant to this
subsection in the event that no action is taken by such Commissioner,
either approving or disapproving, within 30 days after service of
written notice of election to membership shall have been made by the
Secretary of the fire company upon the Commissioner, either personally
or by mail.
C.
Any person elected to membership as a volunteer member of a fire company shall be a resident of the City of Hudson, except as otherwise provided in Subsection I of this section.
D.
The membership of a volunteer member of a fire company shall terminate when he ceases to be a resident of the City, except as otherwise provided in Subsection E of this section.
E.
Any fire company may authorize the continued membership of any volunteer member where such member notifies the Chief of the Fire Department that he plans to change his residence to territory which is not in the City and that by reason of his residence in the vicinity and his usual occupation he will be available to render active service as a volunteer fireman in the City. Such authorization shall be pursuant to the bylaws, if any, of the fire company of which he is a member; otherwise by a three-fourths vote of the members of such fire company present and voting at a regular or special meeting thereof. Such authorization shall not become effective unless approved by action of the Commissioner of Fire. Any membership continued pursuant to the provisions of this subsection shall terminate when the member cannot meet either the requirements of this subsection or the residence requirements of Subsection C of this section.
[Amended 6-20-2023 by L.L. No. 4-2023]
F.
The membership of any volunteer fireman shall not be continued pursuant to Subsection E of this section, and persons shall not be elected to membership pursuant to Subsection I of this section, if, by so doing, the percentage of such nonresident members in the fire company would exceed 45% of the actual membership of the fire company.
G.
Nonresidents whose volunteer memberships have been authorized or continued pursuant to Subsection E or I of this section shall have all the powers, duties, immunities and privileges of resident volunteer members, except that they may not be elected or appointed Chief of the Fire Company or Assistant Chief or a line officer of any company unless such line officer shall reside within three road miles of the closest City boundary to such line officer's residence in Columbia County.
H.
A person shall not be eligible to volunteer membership in more than
one fire company at one time.
I.
A person who cannot meet the residence requirements of Subsection C may be elected to membership as a volunteer member of any fire company of the Fire Department if by reason of his residence in the vicinity and his usual occupation he will be available to render active service as a volunteer fireman in the City. Such authorization shall be pursuant to the bylaws, if any, of the fire company; otherwise by a three-fourths vote of the members of the fire company present and voting at a regular or special meeting thereof. Such authorization shall not become effective unless approved by action of the Commissioner of Fire. The membership of any volunteer member elected pursuant to the provisions of this subsection shall terminate when the member cannot meet either the requirements of this subsection or the residence requirements of Subsection C of this section.
J.
The provisions of this section shall not be deemed to authorize the
election of any person as a member of a fire company or the continuance
of membership in a fire company as herein provided if such election
or continuance of membership shall be contrary to the bylaws of the
fire company.
The Chief of the Fire Department shall hold his office for two
years and be elected by the firemen of the City at such times and
under such regulations as the Commissioner of Fire may prescribe,
subject to confirmation by the Common Council, and in case of a failure
to elect or of a vacancy or a rejection, the Common Council shall
appoint such Chief. The Chief of the Fire Department shall superintend
the Fire Department and adhere to the rules and regulations promulgated
by the Commissioner of Fire under the authority of § C21-8
of this Charter. He shall have charge of the fire apparatus belonging
to the City and shall keep the same in proper order. The salary of
the Chief of the Fire Department shall be as fixed by the Common Council.
The Chief of the Fire Department shall appoint First and Second
Assistant Chiefs of Fire Department who shall, under his direction,
perform any service and exercise any control which is within the power
and authority of the Chief in the conduct of the Department. In the
absence of the Chief of the Department, the First Assistant Chief
shall possess his powers and perform his duties, and in the absence
of the First Assistant Chief, the Second Assistant Chief shall possess
his power and perform his duties.
[Amended 9-19-2006 by L.L. No. 12-2006; 6-20-2023 by L.L. No. 5-2023]
The Chief of the Fire Department of the City of Hudson and the
two Assistant Fire Chiefs of the City of Hudson need not be an elector
of the City so long such persons shall reside in Columbia County within
3 road miles of a boundary of the City of Hudson. Company line officers
need not be an elector of the City so long such persons shall reside
in Columbia County within 5 road miles of a boundary of the City of
Hudson.
It shall be the duty of firemen to promptly respond to every
alarm of fire and be present and aid in the extinguishment of the
fire; and whenever ordered to do so by the Mayor, aid in the suppression
of all riots or riotous assemblages in said City.
The Commissioner may call out the Fire Department, or any part
thereof, for inspection at such times as he may deem necessary or
proper.
Any member of the Fire Department or any other person who shall
at the time of any fire in said City be guilty of insubordination
or disorderly conduct, or shall attempt to obstruct the operations
of the Fire Department or incite insubordination therein, or shall
neglect or refuse to obey, or attempt to prevent or obstruct the execution
of, orders of the Chief of the Department or his assistants, shall
forfeit for each offense such penalty as may be prescribed by the
ordinance or local law of the City.
The Commissioner of Fire shall have power:
A.
To prescribe from time to time the limits in said City and the streets,
alleys and lanes thereof, within which either wooden buildings or
buildings constructed of wood with brick or metal veneer shall not
be erected, placed or repaired without permission granted by action
of said Commissioner.
B.
To compel the owner or occupants of any building or other erection
of any kind now within the City or hereafter within the City, which
may be in a dangerous or unsafe condition, to render the same safe
or take down and remove the same.
C.
To direct and require that all or any buildings or structures within
the City shall be provided with roofs, cornices, eaves and partition
walls of fireproof materials, and fire walls extending above such
roofs, under such penalties as may be prescribed by ordinance or local
law for one offense and for each week any building or structure in
violation of such ordinance or local law shall be continued.
D.
To regulate the construction of chimneys, flues, boilers and apparatus
used in any building or manufactory, and to cause the same when unsafe
to be removed or placed in a safe condition; to prevent the deposit
of ashes in unsafe places; and to compel any person or persons to
aid in the extinguishment of fires and in the preservation of property
considered by said Commissioner or his representative in danger of
injury or destruction by fire.
E.
To adopt such rules and regulations generally governing the matters
specified in this section and for the prevention and extinguishment
of fire, as the Commissioner may deem expedient, and not inconsistent
with law, local law or ordinance.
Every building or other structure erected contrary to the provisions
of any ordinance or local law made in pursuance of the last section
is hereby declared to be a common nuisance and may be abated and removed
as such by and under the direction of the Commissioner of Fire.
[Amended 6-20-2023 by L.L. No. 4-2023]
The salary of the Chief of the Fire Department, the expense
of office furniture, printing, stationery, books, the expenses of
fire trucks, hose and other apparatus for the prevention and extinguishment
of fires, the repair of buildings in the charge of the Department
of Fire and the expense of maintaining the fire alarm system, including
the incidental expenses of the Department, shall be paid by the City
Treasurer on the draft of the Commissioner of Fire, but not, however,
in excess of the amount raised by tax for the Department's uses and
purposes in any year.
[Amended 4-20-2004 by L.L. No. 3-2004]
In the fiscal year beginning May 1, 1947, and in each fiscal year thereafter, the entire cost of all machinery, equipment and fire-fighting apparatus, including trucks, for the Fire Department to be purchased or acquired in any fiscal year by the City of Hudson shall be paid for by direct budgetary appropriation for such fiscal year or by the issuance, during such fiscal year, of capital notes pursuant to the Local Finance Law. All taxes required for such appropriation or for the redemption of such capital notes shall be excluded from the tax limitation prescribed by § 10 of Article VIII of the State Constitution in the manner provided by the Local Finance Law. The City Treasurer, as chief fiscal officer of the City, is hereby directed in each such fiscal year to determine the amount of such taxes to be deemed indebtedness pursuant to the Local Finance Law and to set forth such determination in a statement in writing. He is further directed to request the approval of the State Comptroller of such determination and to file such determination, all in the manner provided by the Local Finance Law. Nothing herein contained shall be construed to prohibit or prevent the payment of all or any part of the cost of such machinery, equipment and fire-fighting apparatus, including trucks, from moneys legally available for such purpose in any capital reserve fund heretofore or hereafter created pursuant to the provisions of the General Municipal Law.
[Added 7-15-1975 by L.L. No. 2-1975]
The Commissioner or his duly authorized representative may organize
within the Department a fire police squad or squads composed of volunteer
firemen who are members of any company. Members of fire police squads,
so organized, at such times as the Fire Department, fire company or
emergency rescue and first aid squad of the Fire Department or fire
company are on duty, or when, on orders of the Chief of the Fire Department
or fire company of which they are members, they are separately engaged
in a response to a call for assistance pursuant to the provisions
of § 209 of the General Municipal Law of the State of New
York, shall have the powers of and render services as peace officers
as provided in § 209-c of the General Municipal Law of the
State of New York.
