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139ORDINANCE NO. 139 AN ORDINANCE CREATING AND ESTABLISHING A VOLUNTEER FIRE DEPARTMENT IN THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR THE DUTIES AND POWERS, RULES AND REG- ULATIONS OF SAID FIRE DEPARTMENT. o BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:' Section 1: That a. volunteer fire department of the City of Edgewater is hereby created. Section 2: That the fire department of the City of Edgewater, Florida, shall consist of: A. A Fire Chief of the Fire Department who shall have full charge of the fires, fire department and all fire equipment owned by the City of Edgewater. B. An Assistanct Fire Chief who shall in the absence of the Chief and until the Chief shall arrive at a fire, act as Chief of the Fire Department, Whose power and authority shall at all times be subordinate to that of the Fire Chief. C. A Captain; First Lieutenant, Second Lieutenant; who shall per- form the duties of the Fire Chief in the order named In the absence of the Chief and the Assistant Chief. D. Thirty (30) volunteer firemen, including the foregoing five (5) officers. The thirty (30) volunteer firemen at the present time shall constitute the present fire department, and the officers at the present time be, and they are hereby ratified, confirmed and approved. New firemen shall be selected as provided by the bylaws of the present Fire Departmplt. The Chief, the Assistant Chief, captain, First Lieutenant and Second Lieutenant shall be selected by the firement subject to the approval of the City Council of the City of Edgewater, and all present officers are hereby approved. The terms of office of the officers shall be from November let of each year through October 31st of each year. Section 3: That the Fire Department of the City of Edgewater, Florida, may adopt such rules and regulations for the government of said Fire Department as may be deemed for the best interest of said Fire Department, subjects however, to the approval of the City Council; the said Fire Department shall from time to.time meet and make such recommendations - 1 - to the said City Council with regard to the betterment of said Fire Department and fire protection of the City of Edgewater as they deem necessary. Section 4: That in the event of any alarm or fire or fire drill or practice being given that the apparatus of the Fire Department shall be given the right of way in and upon the streets, lanes, alleys, squares and railraod crossings in going to any fire upon such streets, lanes, alleys, squares and railroad crossings, and it sioll be unlawful for any person to obstruct or neglect or refuse to make way for any such apparatus being thus in or upon any of said streets, lanes, alleys, squares or railroad crossings. Section 5: It shall be unlawful for any person or persons whomsoever to ride or drive a vehicle through the streets and lanes in which the Fire Department is assembled for the purpose of extinguishing a fire, and should any person or persons attempt to ride or drive a vehicle through the streets and lanes In which the Fire Department is assembled for the purpose aforesaid, he or they shall be liable to arrest. Section 6: That no person or persons, except firemen, police, owners of property, their agents or agents of Insurance companies shall be allowed within the limits of any safety zone that may be established by the Fire Department at any time without being ordered thereby by the officer in command of the fire department. Section 7: That all members of the Fire Department of said City are vested with the power of a police officer of the City to the extent that they may while in the actual discharge of their duties at any fire or while going to the same may order such traffic as may be necessary halted, may block such streets, highways or lands as necessary to the proper conduct of their duties and may enforce the rules and regulations and provisions of Sections 4, 5 and 6 of this Ordinance. Section 8: That any person or persons violating any of the provisions of Sections 4, 5 and 6 of this Ordinance shall be liable to arrest by any police officer of the said City or by any authorized member of the Fire Department and on conviction before the Municipal Court of the said City shallbe subject to a fine not to exceed One Hundred ($100.00) dollars or to imprisonment in the City Jail not to exceed thirty (30) days or - 2 - both fine and imprisonment. Section 9: The Fire Department of the City of Edgewater shall -serve (a) within the City of Edgewater, (b) in other areas where fire depart- ments therein give mutual aid to the City of Edgewater, (c) when re- quested to outside the City of Edgewater by law enforcement officers or - Civil Defense authorities, or, (d) outside the City when life is endan- gered. Section 10: The City of Edgewater expresses its entent to donate to the Fire Department of the City of Edgewater the sum of $50.00 per quarter. Section 11: Nothing in the Ordinance shall be construed as prohibiting the City Council of the City of Edgewater from filling vacancies in the Fire Department where the number of members falls more than five (5) below its authorized membership, or in the event of resignations of the entire Fire Department, or In the event of an emergency when adec_uate firemen can not be found, and nothing herein shall prevent the C'lty Council from removing any fireman for cause, but in the event of such removal, said fireman shall be entitled to a hearing before the Council at which time the Council shall determine If sufficient cause exists to justify removal of said fireman. No fireman shall be entitled to any hearing on removal from office unless a request in writing shall be made to the City Clerk within five (5) days following such removal. Section 12: The present by-laws of the Fire Department of the City of Edgewater are confirmed and approved. Section 13: All Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. Section 14: This Ordinance shall take effect immediately upon its passage and approval by the Mayor. The above Ordinance was read in full and passed by the vote of the City Council of the City of Edgewater, Florida, at a regular meeting on the 5th day of November, A. D. 1956. Upon motion duly made, seconded and unanimously carried, the requirement of reading said Ordinance upon second reading was waived, and the Ordi- nance put upon final passage. Passed by the vote of the City Council of the City of Edgewater, Florida, - 3 - at a regular meeting of said Council held on the 5th day of November, A. D. 1956, and approved as provided by law, the vote of aaid Council on roll call being as follows: l ' � (� "� Li yr v :Got-C%-.A Mayor ' Covnci an Couticilman Co icllm Councilman Approved this 5th day of November, A. D. 1956 Mayor' — 4 —