CHAPTER VII. FIRECHAPTER VII. FIRE\ARTICLE 1. JOINT CITY-TOWNSHIP FIRE DEPARTMENT

ARTICLE 1. JOINT CITY-TOWNSHIP FIRE DEPARTMENT

There is hereby created a joint city-township fire department for the prevention and fighting of fires within the respective jurisdictions of the city and Township No. 1 of Harper County, Kansas.

(Ord. S-976-84-16, Sec. 1)

The joint fire department shall be governed by a board of directors composed of three members of the governing body of the city and the three members of the township board.

(Ord. S-976-84-16, Sec. 2)

The actual supervision and control of the members of the volunteer fire department shall always be with the governing body of the city.

(Ord. S-976-84-16, Sec. 2)

The city shall:

(a)   Provide a percentage of the joint fire department’s budget. The percentage amount to be established by resolution on a year to year basis by the governing body;

(b)   Allow the joint fire department to use Lot 13 in Block 3 in the city (upon which the township has constructed a fire station) rent free;

(c)   Continue to honor its lease of the fire station real estate to the township;

(d)   Furnish water to the fire station at no cost to the joint fire department;

(e)   Provide and maintain a 25 member volunteer fire department;

(f)   Retain complete ownership of the firefighting equipment and property it now owns, but allow the joint fire department sole use thereof; and

(g)   Retain a one-half percentage of ownership interest in all firefighting equipment and property purchased by the joint fire department.

(Ord. S-976-84-16, Sec. 2; Ord. G-1003-91-6; Code 2015)

The township shall:

(a)   Provide a percentage of the joint fire department’s budget. The percentage amount to be established by resolution on a year to year basis by the governing board. The Township to provide the remainder;

(b)   Allow the joint fire department to use the fire station building rent free;

(c)   Retain its leasehold interest in the fire station real estate;

(d)   Retain complete ownership of the firefighting equipment and property it now owns, but allow the joint fire department sole use thereof; and

(e)   Retain a one-half percentage of ownership interest in all firefighting equipment and property purchased by the joint fire department.

(Ord. S-976-84-16, Sec. 2; Ord. G-1003-91-6; Code 2015)

The joint fire department board shall:

(a)   Immediately proceed to elect a chairperson, vice-chairperson, secretary and treasurer and adopt bylaws, rules and regulations for the operation of the joint fire department;

(b)   Hold regularly scheduled public meetings at least once a month;

(c)   On or before August 1 of each year, prepare a budget for the following year’s operation and submit it to the city and township;

(d)   Have the power to purchase, lease, use, maintain, repair and sell firefighting equipment and property; and

(e)   Have the authority to use the firefighting equipment and property now completely owned by the city and township, respectively, in any fire prevention or firefighting activity in which it is needed, at the direction of the fire chief.

(Ord. S-976-84-16, Sec. 2)

The joint fire department shall have a perpetual existence, unless sooner terminated by either the city passing an ordinance or the township adopting a resolution withdrawing from the joint fire department.

(Ord. S-976- 84-16, Sec. 2)

If the joint fire department is dissolved, the jointly owned firefighting equipment or property may be purchased by either party at their first option, or sold and the proceeds divided pro rata between the parties. Any money in the joint fire department treasury shall be divided pro rata between the parties.

(Ord. S-976-84-16, Sec. 2)

(a)   The fire chief shall be responsible for the discipline of the members and is hereby given authority to suspend or expel any member for refusal to obey orders or for misconduct or failure to do his or her duty at a fire.

(b)   The chief shall also have the right to summon any and all persons present to aid in extinguishing a fire or to aid in removing personal property from any building on fire or in danger thereof and in guarding the same.

(c)   At fires the chief shall have full power, control and command of all persons present and shall direct the use of the fire apparatus and equipment, and command the fire fighters in the discharge of their duties. He or she shall take such measures as he or she shall deem proper and necessary in the preservation and protection of property and extinguishing of fires.

(d)   The chief shall have the authority to enforce, by any means he or she deems appropriate, all statutes and ordinances concerning fire protection.

(Code 1991)

It shall be unlawful for any person or persons to take away or use any fire apparatus or equipment for any private purpose or for any person willfully and without proper authority to remove, take away, keep or conceal any tool, appliance, equipment or other article used in any way by the fire department.

(Code 1991)

(a)   All fire apparatus and equipment is hereby given and granted the exclusive right- of­ way over and through all streets, avenues, alleys and public thoroughfares in the city while enroute to fires or in response to any alarm, and it shall be unlawful for any person or persons to in any manner obstruct or hinder the apparatus or equipment.

(b)   All emergency vehicles of the fire department, while proceeding on official business, shall be operated in strict accordance with the requirements of the Kansas Statutes regarding the operation of emergency vehicles, and each departmental member assigned to the operation of emergency vehicles shall familiarize himself or herself with the requirements of the law and govern himself or herself accordingly. Any operator violating the provisions of the state law shall be liable for disciplinary action.

(Code 1991)

It shall be unlawful for any person or persons to drive any vehicle over any fire hose laid on any street, alley or lot. This section shall not apply to any apparatus or vehicle being driven by members of the fire department.

(Code 1991)

It shall be unlawful for any person to place or cause to be placed upon or about any fire hydrant any rubbish, building material, fence or other obstruction of any character, or in any manner obstruct, hinder, or delay the fire department in the performance of its duties in case of fire. Nor shall any person fasten to any fire hydrant any guy rope or brace, nor stand any vehicle within 15 feet of any such hydrant.

(Code 1991)

It shall be unlawful for any person to knowingly make or sound or cause to be made or sounded, or by any other means, any false alarm.

(Code 1991)