The fire department of the city is hereby established and the department shall be organized to consist of a fire chief, an assistant fire chief and not less than 10 nor more than 25 firefighters. Members of the fire department shall be appointed by the fire chief and confirmed by the council.

(Code 1968, 7-101; Code 1990)

(a)   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.

(b)   All members of the fire department shall reside within the sphere of influence of the City of Ellis as set forth in the Comprehensive Plan of the City. No person shall be appointed as an officer and member of the department unless he or she is between the ages of 18 and 60 and of good health and sound in mind and body at the time of the appointment. The chief of the department may require any member to report to a physician for a thorough examination, and upon the completion of any such examination the physician shall certify his or her findings respecting any member of the fire department to the chief thereof. Any person failing to pass a satisfactory physical examination will be subject to removal therefrom within such time as may be recommended by the chief. Before any person is appointed a member of the fire department, he or she may be required to undergo a physical examination as provided above.

(Ord. 1220, Code 2005)

The chief of the fire department shall be under the supervision of the mayor 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. It shall also be the chief’s duty to submit a written report as to the condition of all fire apparatus and equipment to the governing body at their first meeting in October of each year.

(Code 1968, 7-103; Code 1990)

(a)   The fire chief shall be responsible for the discipline of the members and is hereby given authority to suspend or expel any member for refusal to obey orders or for misconduct or 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 fire fighters in the discharge of their duties. He or she shall take such measures as he or she shall deem proper and necessary in the preservation and protection of property and extinguishing of fires.

(Code 1968, 7-103,108; Code 1990)

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.

(Code 1968, 7-107; Code 1990)

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.

(Code 1968, 7-104; Code 1990)

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.

(Code 1990)

(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.

(Code 1990)

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 1990)

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.

(Code 1990)

(a)   Civil Penalty. Any person who shall make or allow to be made a false alarm or to make any sound or cause to be made or sounded, or by any other means, create a false alarm, whether by intentional act or by inadvertence, shall be liable to the city for a civil penalty as provided for hereinafter.

(b)   Definitions. As used in this article, the following words shall have the following meanings:

(1)   False Alarm means the activation of an alarm system in the city resulting in an urgent response by law enforcement, fire or emergency medical personnel when a situation requiring an urgent response does not, in fact, exist. A false alarm may be the result of, but is not limited to, mechanical or electronic failure, malfunction, improper installation, improper adjustment, accidental tripping, misoperation, misuse, defect, or negligence of a person.

(A)  Provided, however, if an alarm signal is caused by violent conditions of nature or other circumstances not reasonably subject to control by the alarm user, it shall not be deemed a false alarm for purposes of this article.

(c)   Response Fee.

(1)   Except as otherwise provided in this article, the user of an alarm system that transmits an alarm to which law enforcement personnel, fire personnel, or emergency medical personnel are requested to respond, shall be charged a response fee of $150.00 per alarm. Provided, however, no response fee shall be charged:

(A)  For the first alarm of each calendar year;

(B)  When it is reasonable to assume that the alarm was due to violent conditions of nature including an electrical storm which have been verified by the National Weather Service to have been in the area where the alarm system is located at the time of the activation;

(C)  Cable, line, or power failure which has been specifically verified by the appropriate utility company serving the alarm location;

(D)  For those alarms resulting from valid situations requiring an urgent response by law enforcement, fire or emergency medical personnel as verified by a report filed by such personnel.

(2)   Should a disagreement arise over whether any particular response fee should be assessed, the facts surrounding the circumstances of the alarm activation shall first be presented in writing by the alarm user to the city clerk, who shall, after consideration of all the information presented, determine whether a response fee should be assessed.

(3)   If disagreement still exists after consideration by the city clerk, the facts surrounding the alarm activation shall be presented to the city council who shall, after consideration of all the information presented, determine whether a response fee should be assessed. All such disagreements must be presented in writing by the alarm user to the city council within 30 days after the date of notification of the city clerk’s determination under subsection (2) that a response fee is due as a result of the particular alarm being questioned; otherwise the determination by the city clerk shall be deemed correct.

(4)   In making the determinations required by subsections (2) and (3), the city clerk and city council shall give consideration to the following, if presented in addition to all other information presented:

(A)  The alarm user’s history of valid and false alarms;

(B)  Violent conditions of nature, including electrical storms existing at the time of the alarm activation;

(C)  Other circumstances not reasonably subject to control by the alarm user;

(D)  Information from utility companies concerning cable, line or power failures or problems;

(E)   Information from the law enforcement, fire or emergency medical personnel who responded to the alarm activation; and,

(F)   The presence or absence of any direct or indirect evidence that a situation requiring an urgent response existed at the time of the alarm activation.

(5)   The response fee under this section shall be due and payable in the office of the city treasurer within 30 days after receipt of notification that such fee is due. In the event such fee is not paid within 30 days, interest will be added to the unpaid fee at the rate of 1½ % per month until paid.

(Ord. 1061, Secs. 1:3)