[Ord. No. 810, 9/21/1971, § 1; as amended by Ord. No.
861, 12/16/1975, § 1;
and by Ord. No. 1168, 12/3/2019, § 1]
The Fire Department of the Borough of Mechanicsburg shall be
composed of the Mechanicsburg Volunteer Fire Department. The Mechanicsburg
Volunteer Fire Department shall respond to all alarms of fire or emergency
activities within the Borough and shall attend all fire or emergency
activities.
[Ord. No. 810, 9/21/1971, § 2; as amended by Ord. No.
929, 12/20/1983, § 1;
by Ord. No. 1151, 11/17/2015; and by Ord. No. 1168, 12/3/2019, § 1]
1.
The Borough Fire Chief who shall be appointed from time to time by
the Borough Council and who shall hold such office at the pleasure
of the Council and hold a department head level position in the Borough
organization.
2.
All fire or emergency activities of the Fire Department of the Borough
while taking place within the limits of the Borough, shall be under
the direct and specific control of the Borough Fire Chief.
3.
In case of the absence of the Borough Fire Chief from any fire or
emergency activity in the Borough, or in case of his inability to
serve, the first Company Chief to arrive at the scene shall serve
as acting Borough Fire Chief.
4.
The names and contact information of the elected officers and administrators
of the Fire Department shall be submitted to the Borough Fire Chief
for his records. Changes in office at the Company level must be submitted
to the Borough Fire Chief in writing within 30 days of the change.
[Ord. No. 810, 9/21/1971, § 3; as amended by Ord. No.
1168, 12/3/2019, § 1]
The Company Chief shall be elected from the Company members,
according to the terms of the bylaws or applicable regulations of
the Company.
[Ord. 810, 9/21/1971, § 4]
Each driver and operator of Borough-owned fire apparatus and
equipment shall be 21 years of age or older and shall be examined
and approved by both the Borough Fire Chief and the Borough Police
Chief as to his qualifications and ability to efficiently and safely
operate and/or drive said apparatus and equipment before being appointed
as a driver and/or operator of Borough-owned apparatus or equipment
by the fire companies comprising the Borough Fire Department.
[Ord. 1097, 7/17/2007]
This Part shall be known and may be cited as the "Special Fire
Police Mutual Aid and Emergency Assistance Ordinance."
[Ord. 1097, 7/17/2007]
The background of this Part and the legislative intention of
the Borough Council in enacting it are as follows:
A.
The Borough of Mechanicsburg is a Pennsylvania borough.
B.
The Act of December 19, 1996, P.L. 1158, No. 177, referred to as
the Intergovernmental Cooperation Law, 53 Pa.C.S.A. § 2301
et seq., provides that local governments may jointly cooperate in
the exercise or in the performance of their respective governmental
functions, powers or responsibilities.
C.
The use of special fire police to perform traffic and crowd control
services and other necessary functions, whether within or outside
the boundaries of the municipality by which they are confirmed, is
governed by statutory authority, 35 P.S. § 1201 et seq.[1]
[1]
Editor's Note: Said statutory provisions were repealed 11-23-2010
by P.L. 1181, No. 118. See now 35 Pa.C.S.A. § 7431 et seq.
D.
The Borough Council and the governing bodies of the county and participating
municipalities recognize the desirability of sharing special fire
police resources for both emergency and nonemergency events for the
protection of the health, safety and welfare of all residents.
[Ord. 1097, 7/17/2007]
1.
The conditions of membership, duration, purpose and objectives of
the agreement, including the powers and scope of authority delegated
therein, the manner and extent of financing, the organizational structure
necessary to implement the agreement and the manner in which real
and personal property will be acquired, managed and disposed of are
set forth in the master Intergovernmental Cooperation Agreement for
Special Fire Police Mutual Aid and Emergency Assistance ("agreement"),
a copy of which is attached to this Part as Exhibit A and incorporated
herein as if set forth in full.[1]
[1]
Editor's Note: The agreement is on file in the Borough
offices.
2.
Any funds for the agreement may be appropriated by the Borough Council
as it shall determine, in its sole discretion, from time to time.
3.
Real and personal property may be acquired, managed or disposed of
under this Part.
4.
Each party has the power to enter into contracts for policies of
group insurance and employee benefits, including social security,
for all of their employees, including those whose duties further the
purposes of the program.
[Ord. 1097, 7/17/2007]
The President of the Borough Council is hereby authorized to
execute all documents and perform all actions necessary to cause the
Borough to enter the agreement.
[Ord. 1097, 7/17/2007]
If any sentence, clause, phrase or section of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, phrases,
sections or parts of this Part. It is hereby declared as the intention
of the Borough Council that this Part would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, phrase,
section or part thereof not been included herein.
[Ord. 1097, 7/17/2007]
This Part shall become effective as provided by law. The agreement
shall be effective upon the effective date of the intergovernmental
cooperation ordinance last enacted by the parties.
