0140
ORDINANCE NO. 140
AN ORDINANCE CREATING A FIRE DEPARTMENT IN THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS; PROVIDING FOR OFFICERS AND
MEMBERS THEREOF AND HOURS OF EMPLOYMENT OF FULL AND 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 FORRIGHT OF WAY
AND UNOBSTRUCTED 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 INTERFERE WITH OR HINDER ANY MEMBER OR
EMPLOYEE OF SAID DEPARTMENT TO HANDLE OR IN ANY WAY INTERFERE
WITH APPARATUS BELONGING TO THE FIRE DEPARTMENT; PROVIDING
THAT ANY PERSON FIRM OR CORPORATION VIOLATING ANY OF THE
PROVISIONS 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 AND NOT MORE THAN
ONE HUNDRED DOLLARS; 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 SOUTHLAKE FROM INVOKING THE
CIVIL REMEDIES GIVEN IT BY THE LAWS OF THE STATE OF TEXAS,
BUT SAME SHALL BE CUMULATIVE 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 THE 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 PUBLICATION AS BY LAW PROVIDED.
VTHEREAS, 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 ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
I.
THAT there is hereby created and established a Fire Department
in the City of Southlake, Tarrant County, Texas.
II.
THE members of said Department shall be a Chief and
Assistant Chief of the Fire Department, who shall be appointed by
the administrative officer of the City, with the advice and consent
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. Included 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.
III.
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 Department for a violation of such rules and
regulations, and shall upon executing any such suspension, forthwith
in writing, advise the city council of same and his reasons therefor.
He shall diligently observe 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 recommendations 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.
IV.
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
fire shall 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 command. When superior
officers arrive at a fire, the officer of the highest rack 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 the property, and for preservation of the laws of the
State of Texas and ordinances and other rules and regulations of
the City respecting fires.
V.
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 the
buildings, to be torn down or blown up or otherwise destroyed for
the purpose of checking or otherwise extinguishing such fire, and
that neither the City Council or any individual member thereof,
pore 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 extinguish
such fire.
V1.
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 continuous
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.
VII.
THE Fire Department shall have the right, in time of fire,
to place ropes or guards across all streets, thoroughfares, lanes
or 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 for policing 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.
VIII.
DURING the progress of a fire within the limits of the City
of Southlake and for twenty-four (24) 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
designated by the Chief in command of any fire company, to arrest
and keep in custody all suspected persons and persons who conduct
themselves in a noisy or disorderly manner, or hinder, resist or
refuse to obey any such officers while acting in the discharge of
his duty.
IX.
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.
X.
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.
XI.
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.
XII.
(a) Any person, firm or corporation violating any of the
provisions 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 ($5.00), nor more than one Hundred Dollars ($100.00);
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 Southlake, Texas, in
addition to imposing the penalties above provided, may institute any
appropriate action or proceedings in any court having proper jurisdiction
to restrain, correct or abate such violation; and the definition of
any violation of the terms of this ordinance as a misdemeanor, shall
not preclude the City of Southlake from invoking the civil remedies
given it by the laws of the State of Texas, but same shall be
cumulative and subject to prosecution as hereinabove presecribed for
such violations.
XIII.
FOR the purpose of continuing the Volunteer Fire Department
now in existence in the City of Southlake, 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 full
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 amendments
thereto, shall be subject to the approval of the city council, and
-any member of the said Volunteer Fire Department failing or refusing
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 Constitu-
tion, 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.
XIV.
THE City Council shall provide each member of said Fire
Department a badge descriptive of the office in which said fireman
is serving.
XV.
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.
XVI.
THIS ordianance shall be and is hereby declared to be cumulative
of all other ordinances of the City of Southlake 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.
XVII.
SHOULD any section, article, provision or part of this
ordinance be declared to be unconstitutional and vakd 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 v6bd is inseparable from and indispensable
to the operation of the remaining parts. The City Council hereby
declared that it would have passed those parts of this ordinance
which are valid and ommitted any parts which may be unconstitutional
if it had known that such parts were unconstitutional at the time of
passage of this ordinance.
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