The fire department of the city is hereby established and the department shall be organized to consist of a fire chief, assistant fire chief, captain, and lieutenant, and not less than 10 nor more than 50 firefighters. Members of the fire department shall be selected by the Fire Chief. One company shall be established and its members appointed and confirmed upon passage of this code, and additional companies shall be established from time to time as the governing body shall deem necessary.

(Ord. 561, Sec. 1; Code 2004; Ord. 1287)


Members of the fire department shall all be volunteers. They shall meet at least once each month for practice and drill. The chief of the fire department shall keep a record of attendance of such meetings. Any member who shall fail to attend six consecutive meetings shall automatically become expelled from membership.

(Ord. 729, Sec. 2; Code 2004)


The chief of the fire department shall be under the supervision of the city manager and shall have immediate superintendency and control over and be responsible for the care and condition of the fire apparatus and equipment. It shall be the chief’s duty to see that all such apparatus and equipment is ready at all times for immediate use.

(Ord. 561, Sec. 3; Code 2004; Ord. 1405, Sec. 12)


(a)    The fire chief shall be responsible for the discipline of the members of the fire department including full time, part time, reserve members and volunteers and is hereby given authority to suspend or expel any member for refusal to obey orders or for misconduct or for 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 firefighters in the discharge of their duties. He or she shall take such measures as he or she deems proper and necessary in the preservation and protection of persons and property and the extinguishing of fires.

(d)    The fire chief or in his absence the assistant fire chief shall have the authority to declare a ban on all outside burning and the discharge of all fireworks as defined in section 7-301. The fire chief shall make his or her determination based upon factors which include, but are not limited to, weather, soil conditions, and water supply. In the event the fire chief declares a burning ban within the city, the fire chief shall immediately advise the mayor, city council, city administrator, and police department. Notice of the burning ban shall be posted on the city’s web site, City Hall, fire department buildings and the police station. A notice shall also be posted in prominent view at any establishment selling fireworks.

The burning ban shall remain in effect until lifted by the fire chief or upon action by the city council at its next regular meeting or at any special meeting. In the event a burning ban is declared during a time period in which it is legal to sell fireworks, the city council may, upon application of a firework vendor, refund part of a vendor’s firework sale permit, but in no instance shall more than 50% be refunded.

A violation of a burning ban shall be considered a Class A misdemeanor subject to a fine not to exceed $1,000 or up to a year in jail. Upon a violation of a burning ban, a police officer may issue a citation with a notice to appear in the municipal court of Tonganoxie to answer the charge.

(Ord. 1358)


The chief of the fire department shall keep in convenient form a complete record of all fires. Such information shall include the time and location, construction of building, owner, occupancy, how extinguished, value of building and contents, loss on building and contents, insurance on building and contents, members responding to the alarm, and any other information deemed advisable.

(Ord. 561, Sec. 6; Code 2004)


In the absence of the chief, the assistant fire chief shall perform all the duties and have all the authority and responsibility of the chief as conferred by this chapter.

(Ord. 561, Sec. 8; Code 2004)


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.

(Ord. 561, Sec. 12; Code 2004)


(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.

(Ord. 561, Sec. 9; Code 2004)


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 2004)


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. (Ord. 561, Sec. 10; Code 2004)


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. (Ord. 561, Sec. 11; Code 2004)


It shall be the duty of the chief of the fire department to adopt all prudent measures for the prevention of fires and for this purpose his or her assistant, under the chief’s direction may, upon request or whenever the chief has reason to believe that the safety of life and property demands it, and as often as he or she may deem necessary, enter any building, yard, or premises in the city during reasonable hours for the purpose of inspection, and where dangerous, unsafe or hazardous conditions are found to exist, he or she shall give such directions for the alteration, change, or removal or better care or management of the same as he or she may deem proper, and such directions shall be obeyed and complied with by the person directed in that regard and at their expense. (Ord. 561, Sec. 7)


It shall be unlawful for the driver of any motor vehicle other than one on official business, to follow closer than 500 feet any fire apparatus traveling in response to a fire alarm, or to drive into or stop any vehicle within the block where fire apparatus has stopped in answer to a fire alarm. (Ord. 535, Sec. 1)