Ordinance 1990-17
ORDINANCE NO.
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When Signed and Fully Executed,
Return This Copy To:
'\ ;.:;~cn L. DILLARD, ill
.\'i:~:r,>EY AT LAW
<';~Y: UNCOlN PLAZA
;J/'.LLAS, TEXAS 75201
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A FIRE
DEPARTMENT FOR THE CITY; PROVIDING FOR THE APPOINTMENT OF OFFICERS
AND FIRE FIGHTERS; PROVIDING POWERS AND DUTIES OF THE FIRE
DEPARTMENT; PROVIDING FOR THE ENFORCEMENT OF ORDINANCES; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($ 2, 000. 00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1.
There is hereby created and established a Fire Department for
the City of wylie.
The Fire Department shall consist of a Fire
Chief and such other members of said Fire Department as may from
time to time be provided for by the City Council.
SECTION 2.
The Fire Chief shall be appointed by the City Manager. Other
members of the Fire Department shall be appointed by the Fire
Chief, subject to the approval of the City Manager.
SECTION 3.
The Fire Chief shall have general supervision and control of
the Fire Department.
He shall have the power to suspend or
discharge any full time paid employee or any volunteer fireman of
the Fire Department. All members of the Fire Department shall be
subject to the Personnel Regulations of the City of Wylie insofar
as they are applicable.
SECTION 4.
The Fire Chief shall have the following powers and duties:
A. The Fire Chief shall have control, subject to the orders
and direction of the city Manager, of the Fire Department
and all fire apparatus belonging to the city.
B. In case of fire, the Fire Chief shall take command at the
fire scene and direct the management thereof for the
suppression of the fire in the best manner possible.
When it may be necessary for the protection of other
property and to prevent the spread of the fire, the Fire
Chief or other officer in command may cause buildings to
be removed or destroyed in the best manner possible.
C. It shall be the function and duty of the Fire Department
and every member thereof to extinguish accidental or
destructive f ires and to prevent the occurrence or spread
of such fires.
D. The Fire Chief shall keep or cause to be kept a record of
all activities of the Fire Department. The Fire Chief
shall submit a budget request to the City Manager in the
same manner as any department head and shall account for
all funds of the Fire Department to the Finance
Department of the City in accordance with City policy.
E. It shall be the duty of the Fire Chief and all officers
of the Fire Department to see that all laws, codes, and
ordinances with regard to fire protection and fire safety
are enforced within the city and to arrest on view any
person who shall be found violating any of the provisions
of such laws, codes, or ordinances or who shall hinder,
resist, or refuse to obey any such officer in the
discharge of his duty.
F. It shall be the duty of the Fire Chief and all members of
the Fire Department to keep and protect all equipment of
the Fire Department entrusted to their care, and to
return any such equipment to the Fire Department or to
account for the same at the direction of the Chief.
G. The Fire Chief shall promulgate rules and regulations for
the operation and conduct of the Fire Department. Such
rules and regulations shall be subj ect to the approval of
the City Manager.
SECTION 5.
No person in attendance at a fire shall neglect or refuse to
obey the orders of the Fire Chief, the officer in command, or any
other fireman at such fire with regard to the suppression of such
fire. Spectators shall keep away from the fire far enough to be
out of the firemen's way. It shall be unlawful and an offense for
any person to enter the Fire Department house or any place where
the equipment and apparatus of the Fire Department is stored at any
time except on official business pertaining to the Fire Department
or other city business.
SECTION 6.
Members of the Fire Department are authorized to go outside
the corporate limits of the City for the purpose of rendering aid
to other Fire Departments, or of extinguishing fires or rendering
aid in the case of accidents, subject to mutual aid agreements with
Collin, Rockwall, or Dallas Counties, or with adjacent cities. The
Fire Department shall not render any such service outside the
corporate limits, except upon orders of the Chief of Police or the
officer in charge of the Fire Department and unless the City has
undertaken by contract to render service to property outside the
corporate limits.
SECTION 7.
A majority of the members of the Fire Department are volunteer
firemen. The number of volunteer firemen shall be as determined by
appropriate resolution of the City Council from time to time. No
person shall be appointed to the position of volunteer fireman
until he has taken a training course prescribed by the Fire Chief
and passed an examination indicating adequate knowledge of the
matters taught in the course. Volunteer firemen shall be certified
as such in accordance with law. Volunteer firemen shall receive
such compensation as may be established by the City Council. The
volunteer firemen of the department may create a separate
organization, hold meetings, and engage in fund raising activities.
Such organization and fund raising activities shall be subject to
the prior approval of the Fire Chief and City Manager.
SECTION 8.
That all ordinances of the City in conflict with the
provisions of this ordinance be, and the same are hereby, repealed
and all other ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 9.
Should any paragraph, sentence, subdivision, clause, phrase or
section
of this
ordinance be
adjudged
or held
to
be
unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole or any part or provision
thereof, other than the part so declared to be invalid, illegal or
unconstitutional.
SECTION 10.
Any person, firm or corporation violating any of the
provisions of this ordinancee shall be deemed guilty of a
misdemeanor and, upon conviction in the Municipal Court of the City
of Wylie, Texas, shall be punished by a fine not to exceed the sum
of Two Thousand Dollars ($2,000.00) for each offense, and each and
every day any such violation shall continue shall be deemed to
constitute a separate offense.
SECTION 11.
This ordinance shall take effect immediately from and after
its passage and the publication of the caption as the law and
charter in such cases provide.
DULY PASSED by the city counp'il of the city of Wylie, Texas,
on the 9 day of t)~ ' 1990.
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
~
~~J&;C::t~o
CITY ATTORNEY
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RLD/sb
10/2/90
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A FIRE
DEPARTMENT FOR THE CITY; PROVIDING FOR THE APPOINTMENT OF OFFICERS
AND FIRE FIGHTERS; PROVIDING POWERS AND DUTIES OF THE FIRE
DEPARTMENT; PROVIDING FOR THE ENFORCEMENT OF ORDINANCES; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
DULY PASSED by the City co~~nCil . f the City of Wylie, Texas,
on the 9 day of tl2_), 1990.
,
APPROVED:
~J .7/ &;i;
YOR
(;
th/
Page 4 Section B THE WYLIE NEWS Wednesday, October 17, 1990
ORDINANCE NO. 90-17
AN ORDINANCE OF THE
CITY OF WYLIE, TEXAS,
ESTA13L1SHING A FIRE
DEPARTMENT FOR THE
CITY: PROVIDING FOR
THE APPOINTMENT OF
OFFICERS AND FIRE
FIGHTERS: PROVIDING
POWERS AND DUTIES OF
THE FIRE DEPART-
MENT: PROVIDING FOR
THE ENFORCEMENT OF
ORDINANCES: PRO
VIDING FOR THE
REPEAL OF ALL OR
DINANCES IN CONFLICT:
PROVIDING A
SEVERABILITY CLAUSE:
PROVIDING; A PENALTY
OF FINE NOT TO EXCEED
THE SUM OF TWO THOU-
SAND DOLLARS
($2000.00) FOR EACH OF-
FENSE: AND PROVIDING
-Aid lerrierrit DATE.1
DULY PASSEb by the City
Council of the City of Wylie,
Tom, on the 9th day of Oc-
WWI., 1990.
APPROVED:
John Akin
Mayor
ATTEST: Carolyn Jones
City Secretary
19-1-c