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ORDINANCE NO. 2000-0-05
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA; TO AMEND CHAPTER 13
(PERSONNEL) BY REPEALING ARTICLE IV (FIRE
DEP ARTMENT), SECTIONS 13-50 (CREATION; OFFICERS),
13-51 (RULES AND REGULA TIONS), 13-52 (TRAFFIC
RIGHT-OF-WAY; PERSONS AT FIRES), 13-53 (POLICE
POWER), 13-54 (AREA OF SERVICE), 13-55 (VACANCIES;
REMOVAL OF MEMBERS; HEARING) AND 13-56
(APPROPRIATIONS) OF THE CODE OF ORDINANCES,
CITY OF EDGEWATER, FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Article IV (Fire Department) of Chapter 13 (Personnel) of the City of Edgewater
Code of Ordinances has not been modified since 1983.
2. In an effort to preserve the safety of our residents, it would be in the best interests of
the citizens of Edgewater to repeal this Article in its entirety and enact a new Chapter in the Code
of Ordinances relating to the Fire Department.
3. In an effort to be consistent, Article XVI (Fire and Hazard Prevention) will be enacted
into the new Land Development Code reflecting various procedures/requirements relating to Fire
Prevention and Hazardous Materials.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
REPEAL ARTICLE IV (FIRE DEPARTMENT) OF CHAPTER 13
(PERSONNEL) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA, IN ITS ENTIRETY.
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Article IV (Fire Department) of Chapter 13 (Personnel) is hereby repealed in its entirety.
ARTICLE 1'1. FIRE DEPARTMENT
See. 13-50.
C. eatioIl~, office. $.
A volunteer file depaltmcut of the city is hereby clcated, to consist of.
(1) A fire chid of the fin department \"vho shall havc full charge of the files, file
depa1 tment and all file equipment 0 wned by the city.
(2) an assistant fire chief who shall in the absence of the Ghid and until the chief shall
a1live at a fire, act as chief of the fire department, whose powel and authority shall
at all times be subordinate to that of the fire chief.
(J) A captain, a filSt lieutenant, a second lieutenant, who shall pelfolm the duties of the
fire chief in the ordel named in the absence of the file chief and the assistant Ghicf.
(4) forty (40) volunteel fircmen, including the foregoing five (5) officels and one
mediealoffiec!. firemen shall be scleeted as provided by the by-laws of the fire
depar tment. The chief, assistant chief, captain, filSt lieutenant and second lieutenant
shall be selected by the filemen subject to the applO val of the city council. Thc terms
of office of the officers shall be flom November filst of each yeal through October
thilty-filSt of each yeal.
Sec. 13-51. Rnle~ and. egulat;om.
The fire department may adopt such wles and legulations for the gOverIDllent of said file
depar tment as may be deemed for the best intelest of said file depar tment, subject, howevel, to the
apprOval of the city cotmcil, the file chief shall from time to time meet and make such
leeotnmendati01l5 to the city eouncilwith lega1d to the bettcllllent of said file department and file
plotection of the city as he deems necessary .
Sec. 13-52.
Tl affic ligbt-of-'\'. ay, pelSoIl~ at &1 e~.
In the event of any alalnl offire 01 file drill or plactice being given that the apparatus ofthc
filC department shall be given the light-of-vvay in arId upon the s11eGts, lanes, alleys, squares and
railroad elossings in going to any fire upon such s11eets, lanes, alley s, squares and railroad elossings,
and it shall be unlawful for any pelson to obstruct or neglect or Idme to make way f'Ol any such
apparatus bGiug thm in 01 upon any of said stleets, lanes, alleys, squales or laihoad clOssings.
It shall be unlawful for arry pelson 01 pelsons whomsoevel to ride 01 dIi vG a vehicle thlough
the streets and lanes in which the fire department is assembled fol the pmpOSG of extinguishing a
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fire:
No person 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 crt any time without being ordered thereby by the officer in command of the fire
department.
Sec. 13-53.
Police pOheI.
All members of the fire department arc vested with the power of a police officer of the city
to the extent that they may, while in the actual dischalge of their duties at arry fire or while going to
the same, order such t1affie as may be necessary halted, may block such strccts, highways or lands
as necessary to the proper conduct of their duties and may enforce the rules and regulations and
pro visions of section 13-52.
See.. 13-54.
Al en of sen ke.
The fire department of the city shallscr ve
(a)
(b)
See.. 13-55.
V"candes, I elllO~ al of luembel S, Ileal ~ng.
Nothing in the article shall be comltmed as prohibiting the city council flom filling vacancies
in the fire department where the number of members falls more than five (5) bclow its authorized
membership, or in the event of resignations of the entire fire department, or in the event of an
emergency where adequate firemGn cannot be found, and nothing hercin shall prevent the city
(OmIci! from removing any firemen for cause, but in the event of such removal, said firemen shall
be entitled to a hearing before the council crt which time the council shall determine if sufficient
cause exists to justify removal of said firemarl. No fireman shall be entitled to any healing on
removal from office unless a request in writing shall be made to thc city clerk within fi ve (5) day s
following such removal.
Sec. 13-56.
ApPI Opk ~ations.
The city expresses its intent to donate to the fire department of the city the sum of one
hundred fifty dollars ($150.00) per quarter.
Sec. 13-57.
Resek ~ ed.
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PART B.
CODIFICA TION.
Provision of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
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PART F. ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on April 3, 2000, was as follows:
Mayor Donald A. Schmidt
AYE
Councilman James P. Brown
AYE
Councilman Dennis A. Vincenzi
AYE
Councilwoman Harriet E. Rhodes
AYE
Councilwoman Judy Lichter
AYE
After Motion by Counci 1 man Brown
and Second by Councilman Vincenzi
, the vote on
the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
AYE
Councilman James P. Brown
AYE
Councilman Dennis A. Vincenzi
AYE
Councilwoman Harriet E. Rhodes
AYE
Councilwoman Judy Lichter
AYE
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PASSED AND DULY ADOPTED this 1 T" day of April, 2000.
ATTEST:
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zaoo-aos
CITY COUNCIL OF THE
CITY OF ED�GEWAQTEER,,1F(LLORIDA
By: .�T/��oC (.C,b %
Donald A. Schmidt
Mayor
t
t tivCK
Robin'.. Matusick �—
Legal Assistant