Chapter 7.01
FIRE DEPARTMENT
Sections:
7.01.010 Members – Appointments.
7.01.030 Fire Chief – Powers and duties.
7.01.050 Compensation of Department members.
7.01.060 Badge and uniform of members.
7.01.070 Powers and duties of Department.
7.01.010 Members – Appointments.
The Fire Department of the City shall consist of a Fire Division Chief (Fire Chief), and staffing as necessary to perform the duties as assigned; the Department will maintain a ratio of firefighters to officers, which will be no more than five to one; the recognized positions of the Fire Department shall consist of Fire Chief, Battalion Chief, Captain, Engineer, Firefighter and Fire Prevention Specialist; all of whom shall be appointed by the City Manager or department head, if designated, pursuant to the provisions of Chapter 1.06 NCC. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 77-10, 4-12-1977)
7.01.020 Oath of office.
The Fire Chief, fire officers, and firefighters, before entering upon the duties of their offices, shall take an oath or affirmation to well and truly perform the duties of the same. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 151, 11-13-1945)
7.01.030 Fire Chief – Powers and duties.
A. The powers and duties of the Fire Chief shall be as follows:
1. In all cases of fire the Fire Chief or designee shall have control of all the members of the Fire Department and of all engines and apparatus belonging thereto or connected with the same, and he or she shall adopt such measures as deemed necessary for the effectual extinguishment of fires and for the prevention of their spreading.
2. The Fire Chief shall have the general charge of all the property of the City connected with the Fire Department and shall preserve and keep the same in complete repair and in the best order for immediate use.
3. The Fire Chief shall submit to the City Manager, as required, a complete report of the Fire Department’s activities. Said report shall indicate the number, location, and condition of the hydrants; the condition of the fire apparatus and all property of the City in the keeping of the Fire Department; and of all fires with their cause of origin, if known; a description of the buildings destroyed or damaged, and the estimated loss of the same; and the names of the firefighters reporting to each fire and/or regularly called drill; and such other information as the City Manager may deem proper.
4. The Fire Chief or delegate shall perform such other duties pertaining to the office as may from time to time be prescribed by the City Manager.
5. Whenever the Fire Chief shall be absent from the City or unable to attend to the assigned duties, a qualified designee as assigned by the Fire Chief shall perform the duties of the office. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 77-10, 4-12-1977)
7.01.040 Obedience to orders.
It shall be unlawful for any member of the Fire Department to disobey any order or direction given by the Fire Chief or their designee at a drill, alarm of fire, or while on duty. Such a member may be dismissed by the Fire Chief from the Department for an infraction of any duty or the rules thereof. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 151, 11-13-1945)
7.01.050 Compensation of Department members.
The compensation of members of the Fire Department, with the exception of the Fire Chief, shall be an amount recommended by the Fire Chief and approved by the City Council at the time the budget for each fiscal year is approved by the City Council. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008)
7.01.060 Badge and uniform of members.
The City shall supply to the Battalion Chiefs, Captains, Engineers, Firefighters and Fire Prevention Specialists, upon assuming office, a suitable badge and uniform, indicative of their membership and rank. Such badges and uniforms shall remain the property of the City and shall be returned to the City upon separation from the Department. The City Manager or designee may consider allowing members that have met predetermined criteria, as set by Department policy, to purchase their badge. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 77-10, 4-12-1977)
7.01.070 Powers and duties of Department.
A. Engage Aid of Residents. The Fire Chief or any fire officer, or the Chief of Police, in case of fire, may command the service of any or all residents of the City to assist in extinguishing the same, and it shall be unlawful for any person to refuse to render reasonable assistance in extinguishing a fire when directed to do so by the Fire Chief, fire officer, or Chief of Police.
B. Police Powers. Pursuant to the provisions of California Penal Code Section 836.5, the Fire Chief and fire officers are authorized to arrest without a warrant and issue a written notice to appear whenever any such person has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence, which is a violation of the municipal code or a violation of any other ordinance or statute, which he or she has a duty to enforce. Every firefighter, during the time of any fire, shall have the powers of a police officer, and may, with or without complaint, arrest any disorderly person or any person attempting to steal any property.
C. Authority to Carry Firearms. Pursuant to the provisions of California Penal Code Section 830.37, the Fire Chief and such employees as he or she may designate, in writing with consultation from the Police Chief, are authorized to carry weapons when acting in the course and scope of their employment. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 151, 11-13-1945)
7.01.080 Violation, penalty.
Any person who violates any of the provisions of this title shall be deemed guilty of a misdemeanor1, infraction, or administrative penalty in the determination of the City Attorney. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 77-5, 2-22-1977; Ord. 151, 11-13-1945)
See NCC 1.04.010.