[HISTORY: Adopted by the Borough Council
of the Borough of New Freedom as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-23-1934 by Res. No. 79 (Ch.
1, Part 4B, of the 1983 Code of Ordinances)]
The Rose Fire Company No. 1 Firemen's Relief
Association of New Freedom, PA, is officially recognized by Council
as an organization formed for the purpose of maintaining an association
for beneficial and protective purposes, to its members and their families
in case of death, sickness, temporary or permanent disability or accident,
from the funds collected.
Firemen's Relief Association of New Freedom
is designated by Council as the proper association to receive funds
that are due and payable to the Borough Treasury by the Treasurer
of the State of Pennsylvania from the two-percent tax on premiums
from foreign fire insurance companies.
There shall be annually appropriated from the
Borough Treasury all sums of money that may in the future be paid
into the Borough Treasury by the Treasurer of the State of Pennsylvania
on account of taxes paid on premiums by foreign fire insurance companies
under an Act of Assembly in the case made and provided.
[Adopted 10-25-1993 by Ord. No. 1993-19 (Ch. 7, Part 2, of the 1983 Code of Ordinances)]
The Rose Fire Company, organized and existing
in the Borough of New Freedom, York County, Pennsylvania, is hereby
designated as the officially recognized fire company for the Borough.
The Rose Fire Company No. 1 is hereby given all power, so far as the Borough has power to grant the same, to enact such rules and regulations for the management and government of individual members thereof as shall be necessary for the property maintenance and control of said Fire Company. Neither the grant of the aforesaid power nor the recognition set forth in § 19-4 shall be construed as constituting the Rose Fire Company No. 1 as an agent, department or employee of the Borough except insofar as such effect is provided under the provisions of the Act of June 2, 1915, P.L. 736, No. 338, known as "the Pennsylvania Workman's Compensation Act," or the Act of October 5, 1980, P.L. 693, No. 142 (42 Pa.C.S.A. § 8541 et seq.), known as the "Political Subdivision Tort Claims Act."
A.
The Fire Company recognized by the Borough is hereby
authorized to provide such services to the Borough as may be necessary
for the protection of property and persons situate therein, which
include, by the way of example and not of limitation, the extinguishment
and prevention of loss of life and property from fire, automobile
accidents, medical emergencies, hazardous materials incidents and
other dangerous situations.
B.
The Company may also provide nonemergency public service
function, such as, again by way of example and not of limitation,
removing water from property after storms and assisting in the removal,
abatement and prevention of damage or injury to persons or property,
whether through natural causes or man-made situations.
C.
The Company may also conduct and participate in such
training activities and drills, either within or outside of the Borough,
as may be deemed necessary by the officers of the Company to maintain
proficiency in providing service.
The members of Rose Fire Company may elect from
their number such officers as may be provided by the bylaws of the
Fire Company.
In addition to actually participating in the
activities of the Fire Company as authorized above, or in going to
or returning from any activity, the members of the Fire Company recognized
by the Borough are also authorized to do the following things:
A.
Engage in any type of drill, training, ceremony, practice,
test or parade when duly called for or authorized by an officer or
officers of the Rose Fire Company and as long as that activity is
performed with all reasonable and lawful safety precautions and regulations
have been adhered to.
B.
Engage in fund-raising activities for the Fire Company,
when authorized by any officer of the recognized Fire Company.
C.
Engage in the performance of any other duty or activity
authorized by any officer of the Rose Fire Company and that said activity
is performed pursuant to all regulations set forth by the Commonwealth
of Pennsylvania, and all reasonable precautions have been taken to
ensure the public safety.
All appropriations made by the Borough to or
for the use of said Fire Company, whether of money or property, and
all equipment purchased by the Borough for the Fire Company shall
continue to be the property of the Borough. None of the fire apparatus
or equipment so belonging to the Borough shall be permanently removed
from the Borough without consent of the Borough Council thereof.
Officers of the Rose Fire Company have been
vested with authority to contract and enter into agreements utilizing
services provided as mutual aid.
The purpose of this article is to recognize
the Fire Company as the official fire company of the Borough and to
state additional authorized activities for firefighters for workmen's
compensation purposes.
