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O68-04KENNEDALE ORDINANCE NO. 68-4 AN ORDINANCE CREATING A- FIRE DEPARTMENT IN TEE CITY OF KENNEDALE, TARRANT COUNTY, TEXAS; PROVIDING FOR OFFICERS AND MEMBERS THEREOF AND HOURS OF EMPLOYMENT OF FULL OR PART TIME EMPLOYMENT AND COMPENSATION. TO BE PAID; PROVIDING.FOR APPOINTMENT OF CHIEF AND OTHER OFFICERS; PROVIDING FOR AUTHORITY FOR DESTRUCTION OF BUILDINGS AND STRUCTURES IN EMERGENCY AND HAZARDOUS CASES; PROVIDING FOR RIGHT OF WAY AND UNOBSUCTED USE OF STREETS FOR FIRE APPARATUS WHILE ENROUTE TO FIRE; PROVIDING FOR ARREST. OF SUSPECTED PERSON OR PERSONS AND THOSE WHO CONDUCT THEMSELVES IN A NOISY OR DISORDERLY MANNER, OR HINDER, RESIST OR REFUSE TO OBEY ANY OFFICERS ON DUTY IN TIME OF FIRE;.MAKING IT UNLAWFUL FOR ANY PERSON OR PERSONS NOT .A MEMBER OF THE DEPARTMENT TO INR- FERE WITH OR HINDER .ANY MEMBER OR EMPLOYEE OF SAL) DEPART7 MENT TO. HANDLE OR IN ANY WAY INTERFERE WITH APPARATUS BELONGING TO THE FIRE DEPARTMENT; PROVIDING THAT ANY PERSON, FIRM OR CORPORATION VIOLATING ANY OFTHE PROVISIONS OF THIS ORDINANCE, SHALL BE DEED GUILTY OF A.MISDEMENNOR, AND.. UPON CONVICTION THEREOF, SHALL BE FINED IN A SUM NOT LESS THAN FIVE DOLLARS AND NOT MORE THAN Tya HUNDRED DOLLARS; AND THAT EACH DAY THAT. SUCH. VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE .AND DISTINCT OFFENSE; FURTHER PROVIDING IN.CASE OF WILLFUL VIOLATION_HEREOF, THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE AS A MISDEMEANOR SHALL NOT PRECLUDE THE CITY OF KENNEDALE FROM INVOKING THE CIVIL REMEDIES GIVEN IT BY TEE LAWS OF THE STATE OF TEXAS, BUT SAME SHALL BE CUMU- LATIVE AND SUBJECT TO PROSECUTION AS HEREINABOVE PRESCRIBED FOR SUCH -VIOLATION;.PROVIDING.FOR ORGANIZATION OF PERSONNEL OF FIRE DEPARTMENT; PROVIDING FOR RELIEF AND PENSION SYSTEM AT THE WILL OF CITY COUNCIL; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVING CLAUSE, AND FURTHER PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE AND. BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS ADOPTION AND PUBLICA- TION AS_BY LAW PROVIDED. WHEREAS, it is provided in Article 1069, of the 1925 Revised Civil Statutes of Texas, being a general law relating to the operation of municipal governments, to the effect that the City shall have the power by ordinance to establish and maintain a fire department within the said City; NOW, THEREFORE, BE IT OFDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, MXAS: 1. That there is hereby created and established a Fire Department in the City of Kennedale, Tarrant County, Texas. 2. The members of said Department shall be a Chief and Assistant Chief of the Fire Department, who shall be appointed by the adminis- trative officer of the City, with the advice and counsent of the City Council, and such other officers, firemen and employees as the City Council may from time to time determine. All officers of the Department, other than the Chief and Assistant Chief, shall be elected by the Volunteer Fire organization of the City, and such appointments shall be approved by the City Council. The said Chief, or in his absence the Assistant Chief, shall have immediate direction and control_of the Fire Department, subject to such rules, regulations and ordinances as the City Council may direct from time to time. In- cluded in the personnel of the said Fire Department as herein provided, said Department shall contain such full and part time paid employees as the City Council may direct, who shall also provide for the hours of employment of said members and the compensation to be paid for such services rendered. 3. It shall be the duty of the Chief of the Department, or in his absence, the assistant chief, and that of his assistants in the order named, to see that the laws of the State of Texas, ordinances, orders, rules and regulations as promulgated by the City Council concerning said Department and the operation thereof, are carried into full force and effect. It will be the duty of such members to enforce the rules and regulations made from time to time to secure discipline in said Department. The Chief of the Department shall have power to suspend any subordinate officers, members or employees of the Depart- ment for a violation of such rules and regulations, and shall upon executing any such suspension, forthith in writing, advise the City Council of same and his reasons therefor. He shall diligently ob- serve the condition of fire apparatus and workings of said Department at all times, and shall report in writing at any time to the City Council and make in connection with said equipment such recommenda- tions as he may desire for the efficiency of said equipment and Department. In the absence of the Chief, the Assistant Chief shall assume the duties of the said office of Chief of the Department. 4. It shall be the duty of the Chief of the Department and/Or his assistants, in the order named, whenever a fire shall occur in the City to immediately report to the place of such fire and take proper measures for placing apparatus in the most advantageous position. The Assistant Chief and other officers appointed pursuant to the provisions of this ordinance, upon arrival at a filmshall immediately report to the Chief; provided that in the absence of the Chief or Assistant Chief, the first officer to arrive at the fire shall be the person in comnand. When superior officers arrive at a fire, the officer of the highest rank shall assume sole command of all other officers or members of the Department, and all other persons who may be present at the fire. Such officer in charge shall take proper measures for extinguishing the fire and protection of property, and for preservation of the laws of the State of Texas and ordinances and other rules and regulations of the City respecting fires. 5 Whenever any building in the City is on fire, it shall be lawful for the Chief, or his assistant or acting chief, with the concurrence of the Mayor, to direct such building, or other building, or building erection, fence or fences, which they may deem hazardous or likely to catch fire and communicate to other buildings, to betorn down or blown up or otherwise destroyed for the purpose of checking or other- wise extinguishing such fire, and that neither the City Council or any individual member thereof, nor the Chief of the Department, Assistant Chief, or any member of the Department, shall in any wise be held responsible for the damaging of property or the destruction thereof, that may occur by reason of the attempt of the Department to extin- guish such fire. 6. All moving apparatus under the Fire Department shall have the paramount right of way through all streets, thoroughfares, lanes, alleys, places and courts of the City when enroute to a fire and such apparatus, together with all other vehicles contiguous thereto shall take and keep to the right hand side of the street unless the same shall be obstructed, in order to give the apparatus of the Fire Department the unobstructed use of the streets for the time being. 7. The Fire Department shall have the right, in time of fire, to place ropes or guards across all streets, thoroughfares, lanes or -2- alleys on which shall be situated any building on fire and at such other points as it may deem expedient and necessary and the members of said Department who have been assigned by the Chief forpolicing purposes shall prevent any and all persons, except officers and members of the Fire Department and owners and occupants of -such buildings, endangered by the existing fires, from entering the lines designated by ropes or guards. 8. During the progress of a fire within the limits of the City of Kennedale and for twenty-four (224) hours after its extinguishment, it shall be lawful for the Mayor, Chief of Police or any Councilman or any policeman of the City, or the Chief or any other officer de- signated by the Chief in command of any fire company, to arrest and keep in custody all suspected persons and persons who conduct them- selves in a noisy or disorderly manner, or hinder, resist or refuse to obey any such officers while acting in the discharge of his duty. 9. The Chief of the Fire Department, or his immediate assistants, shall be vested with full power and authority to command all persons present at any fire in the City to assist in the discharge of any duty under the supervision of -such fire Chief in the extinguishment of same, or the removal and preservation.of property, provided that the persons shall not be bound to obey such officers unless the officers shall wear their badge of office, or unless his official title be known, or be made known to such persons. 10. It shall be unlawful for any person or persons not a member of said Fire Department to interfere with, or in any manner hinder any member or employee of said Fire Department in the discharge of his duties as such. 11. It shall be unlawful for any person or persons not a member of said Fire Department to handle, or in any way interfere, with any of the apparatus belonging to or used by said Fire Department, either at a fire or while traveling to or returning from a fire, or while standing in the Fire Department quarters, or at any time, unless such person or persons is requested to do so by the Chief or other duly authorized officer of said Department. 12. (a) Any person, firm or corporation violating any of the provi- sions of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than Five Dollars (,T5.00), nor more than Two Hundred Dollars ($200.00); each day that such violation continues shall constitute a separate and distinct offense. (b) But in case of any willful violation of any of the terms and provisions of this ordinance, the City of Kennedale, Texas, in addition to imposing the penalties above provided, may institute any appropriate action or proceedings in any court having proper juris- diction, to restrain, correct or abate such violation; and the defi- nition of any violation of the terms of this ordinance as a misdemeanor, shall not preclude the City of Kennedale from invoking the civil remedies given it by the laws of the State of Texas, but same shall be cumula- tive and subject to prosecution as hereinabove prescribed for such violations. 13. For the purpose of continuing the Volunteer Fire Department now in existence in the City of Kennedale, the members of said Department, for the purpose of the good order and well-being of said Department, the maintenance of harmony therein and the full promotion of said organization, shall elect such officers as may be provided in its Constitution and By-laws, for the purpose of the administration of the said Volunteer Fire Department, and to establish discipline and maintain perfect unity among its members, as well as fully promote the object for which the said Department was organized; the said Volunteer Fire Department shall adopt a Constitution and By-laws which will be consistent with the laws of the State of Texas, and ordinances of the City, which Constitution and. By -Laws, and amend- ments thereto, shall be subject to the approval of the City Council, and any member of the said Volunteer Fire Department failing or re- fusing to comply with such Constitution, laws, rules and regulations adopted by the said Department and duly approved by the City Council, after conviction thereof in accordance with the provisions of said Constitution, laws, rules and regulations, shall forfeit all rights to participate in said. Department, and activities pursuant thereto; provided that such discharged member shall have the right to appeal from the decision of the Department, by filing such appeal in writing with the City Council within ten (10) days following the rendering of such decision, giving his reasons therefor, and if such reasons are found sufficient, the City Council shall hold a hearing thereon, and render its judgment accordingly, which judgment shall be final. 14. The City Council shall provide each member of said Fire De- partment a badge descriptive of the office in which said fireman is serving. 15. The City Council, may, at its discretion, provide for the relief of members of the Fire Department temporarily or permanently disabled in the discharge of their duties; and shall have the right to provide for the organization and administration of a pension fund to provide for old, disabled and infirm members of said Department under such system, rules and regulations as may be deemed advisable whenever the finances of the City will justify the undertaking of this service and subject to the laws of the State of Texas. 16. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Kennedale affecting the subject matter herein and shall not operate to repeal or affect any such ordinance or ordinances except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordinance, in which instance, or instances, those provisions shall be and they are hereby repealed. 17. Should any section, article, provision or part of this ordi- nance be declared to be unconstitutional and void by a court of competent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance unless the part held unconstitutional and void is inseparable from and indis- pensable to the operation of the remaining parts. The City Council hereby declares that it would have passed those parts of this ordinance which are valid and omitted any parts which may be un- constitutional if it had known that such parts were unconstitutional at the time of passage of this ordinance. 18. This ordinance shall take effect and be in full force and effect from and after the date of its adoption and publication as bi law provided. ADOPTED this I/ day of April, A.D. 1968. ATTEST: ;re AAA re__ City Secret•a ry (CITY SEAL) APPROVED: Mayor, City of Kennedale, Texas —4—