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Ordinance 012aRevised 12-27-82 3-10-83 7-27-83 8-16-83 9-13-83 9-27-83 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 12-A .� AN ORDINANCE AMENDING ORDINANCE 12 ADOPTED ON OCTOBER 16, 1967 ENTITLED "AN ORDINANCE FOR THE ORGANIZATION AND REGULATION OF VOLUNTEER FIRE DEPARTMENT" THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Ordinance No. 12, adopted on October 16, 1967, entitled "An Ordinance for the Organization and Regulation of Volunteer Fire Department" is hereby amended and restated to read as follows: Section 1. Establishment of the Fire Department. The Chanhassen Volunteer Fire Department, an unincorporated associ- ation existing since May 9, 1966 is hereby established and con- firmed as the Chanhassen Fire Department. Section 2. Purpose. It will be the Fire Department' responsibility under this ordinance to provide for: a. Fire fighting; b. Protection of life and property; C. Fire prevention and education; • d. Fire Department Rescue Squad operation. Section 3. Membership. 3.01. Com osition. The Fire Department shall consist of such number of of icers and members as deemed necessary for efficient operation, with that number to be established with the approval of the City Council, the number of members to be reviewed and changed from time to time. The Fire Department shall promptly notify the City Manager of the Fire Department's election of officer results and of any subsequent changes in those positions. 3.02. All new Fire Department applicants shall be least 18 years otage and not exceed age 40. Such applicant must pass a physical examination prior to approval of their application for membership. The physical examination must be accomplished by the City of Chanhassen's Health Officer or the Chanhassen Fire Department Medical Director. Said doctor shall forward a satis- factory written report of the applicant's physical condition to be placed on record with the Fire Department. The Fire Department shall establish within its operational procedures Physical Standards for its members and a physical examination schedule as established by the Fire Department Board of Fire Officers. The Fire Department Board of Fire Officers may retire from the Fire Department any member that should be judged unfit and unable to perform the duties as a firefighter. i Section 4. Establishment of Board of Fire Officers. A Board of Fir Officers shall be established to help the Chief carry out the department's mission and at the request of the Chief, assist • the Chief of the Department in the formulation of selected policy matters and shall act as final Board of Review for selected issues relating to the Chanhassen Fire Department. Section 5. Chief: 5.01: General. The Chief of the Chanhassen Fire Department • shall have supervision of the Fire Department and Rescue Squad. At the time a request is placed for assistance from the Chanhassen Fire Department, the Chief shall assume command. The Chief shall be responsible for the preservation of life and property. The Fire Chief's incident command authority shall be absolute. In the absence of the Chief officer, the existing chain of com- mand shall apply, i.e. 1st Assistant Chief, 2nd Assistant Chief, the first Captain on scene, the first Lieutenant on scene. 5.02. Election of Chief. The Chief shall be elected through secret ballot by the members of the Chanhassen Fire Department. This elected member shall be considered the Fire Department's recommendation for the position of Chief and shall be submitted to the City Manager as the Fire Department's recom- mended candidate for the position of Chief. It shall be the City Manager's duty, responsibility, and authority to interview said candidate and determine the candidate's ability to exercise the duties of Chief and serve such position effectively. Upon such • determination, the City Manager shall forward the Fire Department's recommendation to the City Council for review and final appointment as Chief. The Fire Department's election of • Chief is understood not to be effective until such time as City Council resolution approves said election. 5.03. Term of Office. The election of Chief shall be for a period of two (72T years. 5.04. The Chief shall serve as the head of the Chanhassen Fire Department Board of Fire Officers. 5.05. The Chief shall make and file such reports as may be required by the City Manager. 5.06. It shall be the duty and responsibility of the Chief to report personally, on a quarterly basis, to the City Manager. Such meetings shall include, but are not limited to: a. Fire Department status; b. Budget review; c. Current membership levels, needs, problems; d. Past quarter activity review. • 5.07. Removal of Chief. The Chief may be removed by the City Manager for good and sufficient cause. Such dismissal by • Manager must be submitted to the City Council for review and final decision. -2- 5.08. The Chief, as established in City Ordinance No. 70, shall be required to serve as a member of the City's Public • Safety Commission, attending monthly meetings of that Commission. In the event of his inability to attend said stated meetings, he can appoint his First Assistant Chief to represent him and the department. Section 6. Compensation. Compensation of the officers and members—the Fire Department shall be such amounts as are from • time to time established by resolution of the City Council. Section 7. Fire Department By -Laws. The Fire Department shalT—have the power to adopt, alter and repeal its Constitution and By -Laws and from time to time revise same. Before such Constitution, By-laws or amendments shall be of any force or effect, they shall be submitted to and approved by the Chanhassen City Council. Any provision of the Fire Department By-laws or any rule of the Fire Department inconsistent with the provisions of this ordinance or with any provision of State law is hereby declared null and void. Section 8. Calls Outside City. The members of the Chanhassen Fire Department upon order of the Chief or his Assistants are hereby authorized to answer calls outside of the City limits. When so doing, whether by mutual aid request or other cause, members shall be deemed to be serving as firefighters of the City of Chanhassen. At no time however, shall the Fire Chief dispatch such equipment and personnel that he cannot afford • adequate protection for this City. • Section 9. Firemen's Relief Association. The members of the Chanhassen Fire Department shall organize and incorporate a Firemen's Relief Association in accordance with the laws of the State of Minnesota. It shall be known as the Chanhassen Firemen's Relief Association. Section 10. Chanhassen Fire Department Rescue Squad. The City—off ChanFassen by this section, does ac now edge the need and desire to establish and maintain the Chanhassen Fire Department Rescue Squad to be used to supplement, aid, and assist the city's police and ambulance agencies in medical and rescue related emergencies. Said Rescue Squad shall be under the direct supervision of the Captain of the Rescue Squad. Section 11. Fire Department Medical Director. The Chanhassen Fire Department shall establish and maintain a medical doctor qualified in emergency medicine to serve as the Fire Department's Medical Director. Section 12. Buildings and Equipment. It shall be the responsibility of the City to provideadequatebuildings, equip- ment, and supplies for the Fire Department to efficiently and effectively carry out its responsibilities in providing fire pro- tection services to the City and its citizens. The Fire Department shall maintain custody of said buildings, equipment -3- and supplies. The Board of Fire Officers shall be responsible to maintain inventory lists of buildings/equipment for which they have custody, such list reflecting the description, value, con- dition, and other information deemed necessary. The department shall notify the city of equipment needs and changes in state/federal laws making equipment obsolete or requiring upgrading. As all buildings/equipment, not specifically iden- tified as being under the ownership of the department are owned by the city; the department shall establish reasonable policy statements, approved by the city, guiding the usage of such • buildings/equipment by the city or its residents, when such usage does not interfere with operating the fire department or produce an unreasonable risk for damage of such. Section 13. Adoption of Codes. This ordinance, by this sec- tion, shallni corporate all laws, rules, and regulations per- taining to the Chanhassen Fire Department and Rescue Squad as contained in the following documents: a. The Minnesota Highway Traffic Regulation Act, Chapter 169; b. The Minnesota State Uniform Fire Codes. c. The National Life Safety 101. d. The National Fire Codes. Copies of these documents have been filed in the Office of • the City of Chanhassen and the same are hereby adopted and incor- porated as fully, as if set out at length, herein and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Chanhassen. Section 14. Repeal. Village Ordinance No. 12 adopted on October 16, 967 is Fereby repealed. Section 15. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed and adopted by the City Council of the City of Chanhassen this 7th day of November 1983. ATTEST: City Clerk/Manager v Mayor . Published in the Carver County Herald on November 16 1983. -4- 5.08.. The Chief, as established in City Ordinance No. 70, shall be required to serve as a member of the City's Public Safety Commission, attending monthly meetings of that Commission. In the event of his inability to attend said stated meetings, he can appoint his First Assistant Chief to represent him and the department. Section 6. Compensation. Compensation of the officers and members of the Fire Department shall be such amounts as are from time to time established by resolution of the City Council. Section 7. Fire Department By -Laws. The Fire Department shall have—the power to a opt, alter and repeal its Constitution and By -Laws and from time to time revise same. Before such Constitution, By-laws or amendments shall be of any force or effect, they shall be submitted to and approved by the Chanhassen City Council. Any provision of the Fire Department By-laws or any rule of the Fire Department inconsistent with the provisions of this ordinance or with any provision of State law is hereby declared null and void. Section 8. Calls Outside City. The members of the Chanhassen Fire Department upon order of the Chief or hits Assistants are hereby authorized to answer calls outside of the City limits. When so doing, whether by mutual aid request or other cause, members shall be deemed to be serving as firefighters of the City of Chanhassen. At no time however, shall the Fire Chief dispatch such equipment and personnel that he cannot afford • adequate protection for this City. Section 9. Firemen's Relief Association. The members of the Chanhassen Fire Department shall organize and incorporate a Firemen's Relief Association in accordance with the laws of the State of Minnesota. It shall be known as the Chanhassen Firemen's Relief Association. Section 10. Chanhassen Fire Department,Rescue Squad. The City—off Chanhassen, by th s section, does ac now edge the need and desire to establish and maintain the Chanhassen Fire Department Rescue Squad to be used to supplement, aid, and assist the city's police and ambulance agencies in medical and rescue related emergencies. Said Rescue Squad shall be under the direct supervision of the Captain of the Rescue Squad. Section 11. Fire Department Medical Director. The Chanhassen Fire Department shall establish and maintain a medical doctor qualified in emergency medicine to serve as the Fire Department's Medical Director. Section 12. Buildings and Equipment. It shall be the respons b lity of the City to provide adequate buildings, equip- ment, and supplies for the Fire Department to efficiently and effectively carry out its responsibilities in providing fire pro- tection services to the City and its citizens. The Fire • Department shall maintain custody of said buildings, equipment -3- (263 Official Publication) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING ORDINANCE 12 ADOPTED ON OCTOBER 16, 1967 ENTITLED "AN ORDINANCE FOR THE ORGANIZATION AND REGULATION OF VOLUNTEER FIRE DEPART- MENT" THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Ordinance No. 12 adopted on October 16, 1967, en- titled "An Ordinance for the Organization and Regulation of Volunteer Fire Department" is hereby amended and restated to read as follows: Section 1. Establishment of the Fire Department. The Chanhassen Volunteer Fire Department, an unincorporated association existing since May 9, 1966 is hereby established and confirmed as the Chanhassen Fire Department. Section 2. Purpose. It will be the Fire Department's responsibility under this ordinance to provide for: a. Fire fighting; b. Protection of life and property; c. Fire prevention and education; d. Fire Department Rescue Squad operation. Section 3. Membership. 3.01, Composition. The Fire Department shall con- sist of such number of officers and members as deemed necessary for efficient operation, with that number to be established with the approval of the Ci- ty Council, the number of members to be reviewed and changed from time to time. The Fire Depart- ment shall promptly notify the City Manager of the Fire Department's election of officer results and of any subsequent changes in those positions. 3.02. All new Fire Department applicants shall be at least 18 years of age and not exceed age 40. Such applicant must pass a physical examination prior to approval of their application for membership. The physical examination must be accomplished by the City of Chanhassen's Health Officer or the Chanhassen Fire Department Medical Director. Said doctor shall forward a satisfactory written report of the applicant's physical condition to be placed on record with the Fire Department. The Fire Depart- ment shall establish within its operational pro- cedures Physical Standards for its members and a physical examination schedule as established by the Fire Department Board of Fire Officers. The Fire Department Board of Fire Officers may retire from the Fire Department any member that should be judged unfit and unable to perform the duties as a firefighter. Section 4. Establishment of Board of Fire Officers. A Board of Fire Officers shall be established to help the Chief carry out the department's mission and at the request of the Chief, assist the Chief of the Department in the formulation of selected policy matters and shall act as final Board of Review for selected issues relating to the Chanhassen Fire Department. Section 5. Chief: 5.01: General. The Chief of the Chanhassen Fire Department shall have supervision of the Fire Department and Rescue Squad. At the time a request is placed for assistance from the Chanhassen Fire Department, the Chief shall assume command. The Chief shall be responsible for the preservation of life and property. The Fire Chief's incident command authority shall be absolute. In the absence of the Chief officer, the existing chain of command shall apply, i.e. 1st Assistant Chief, 2nd Assistant Chief, the first Captain on scene, the first Lieutenant on scene. 5.02. Election of Chief. The Chief shall be elected through secret ballot by the members of the Chanhassen Fire Department. This elected member shall be considered the Fire Department's recom- mendation for the position of Chief and shall be sub- mitted to the City Manager as the Fire Department's recommended candidate for the position of Chief. It shall be the City Manager's duty, responsibility, and authority to interview said candidate and determine the candidate's ability to exercise the duties of Chief and serve such position effectively. Upon such deter- mination, the City Manager shall forward the Fire Department's recommendation to the City Council for review and final appointment as Chief. The Fire Department's election of Chief is understood not be be effective until such time as City Council resolution approves said election. 5.03. Term of Office. The election of Chief shall be for a period of two (2) years. 5.04. The Chief shall serve as the head of the Chanhassen Fire Department Board of Fire Officers. 5.05. The Chief shall make and file such reports as may be required by the City Manager. 5.06. It shall be the duty and responsibility of the Chief to report personally, on a quarterly basis, to the City Manager. Such meeting shall include, but are not limited to: Affidavit of Publication State of Minnesota ) )SS. County of Carver ) "i being duly sworn, on oath says that he is and during all the time herein stated has been the publisher and printer of the newspaper known as the Carver County Herald and has full knowledge of the facts stated as follows: (1) Said newspaper is printed in the English language in newspaper for- mat and in column and sheet form equivalent in printed space to at least 1,200 square inches. (2) Said newspaper is a weekly and is distributed at least once each week for 50 weeks each year. (3) In at least half of its issues each year has no more than 75 percent of its printed space comprised of advertising material and paid legal notices; and in all of its issues each year, has 50 percent of its news columns devoted to news of local interest to the community which it purports to serve, and not more than 25 percent of its total nonadvertising column inches in any issues wholly duplicates any other publication unless the duplicated material is from recognized general news services. (4) Said newspaper is circulated in and near Chaska and has at least 500 copies regularly delivered to paying subscribers and has entry as second-class mat- ter at the Chaska Post Office. (5) Said newspaper has its known office of issue established in Carver County in which lies the City of Chaska. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is available at single or subscription prices to any person, corporation, partnership or other incorporated association requesting the newspaper and making applicable payment. (8) Said newspaper has complied with all the foregoing conditions of this subdivision for at least one year last past. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1976 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for r- successive weeks; that it was first so published on the — • dl� of ' V119—and was thereafter printed and published on every _._— to and including the day of ,19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me this dAY _Y19 Yt (Notarial Y19 (Notarial Seal) A KRAMEF, i'JOTARY iii - MINNESO'T • F'-� �COTI COUNTY My Commission Expires May 7. , . Notary public, , County, MN My Commission Expires 19 co Q _n 1< CD Q O a co M 0 0 Q m I CD • a. Fire Department status; b. Budget review; c. Current membership levels, needs, problems; d. Past quarter activity review. 5.07. Removal of Chief. The Chief may be removed by the City Manager for good and sufficient cause. Such dismissal by Manager must be submitted to the City Council for review and final decision. 5.08. The Chief, as established in City Ordinance No. 70, shall be required to serve as a member of the City's Public Safety Commission, attending monthly meetings of that Commission. In the event of his in- ability to attend said stated meetings, he can appoint his First Assistant Chief to represent him and the department. Section 6. Compensation. Compensation of the of- ficers and members of the Fire Department shall be such amounts as are from time to time established by resolution of the City Council. Section 7. Fire Department By -Laws. The Fire Department shall have the power to adopt, alter and repeal its Constitution and By -Laws and from time to time revise same. Before such Constitution, By -Laws or amendments shall be of any force or effect, they shall be submitted to and approved by the Chanhassen City Council. Any provision of the Fire Department By-laws or any rule of the Fire Depart- ment inconsistent with the provisions of this or- dinance or with any provision of State law is hereby declared null and void. Section 8. Calls Outside City. The members of the Chanhassen Fire Department upon order of the Chief or his Assistants are hereby authorized to answer calls outside of the City limits. When so doing, whether by mutual aid request or other cause, members shall be deemed to be serving as firefighters of the City of Chanhassen. At no time however, shall the Fire Chief dispatch such equip- ment and personnel that he cannot afford adequate protection for this City. Section 9. Firemen's Relief Association. The members of the Chanhassen Fire Department shall organize and incorporate a Firemen's Relief Association in accordance with the laws of the State of Minnesota. It shall be known as the Chanhassen Firemen's Relief Association. Section 10. Chanhassen Fire Department Rescue Squad. The City of Chanhassen, by this section, does acknowledge the need and desire to establish and maintain the Chanhassen Fire Department Rescue Squad to be used to supplement, aid, and assist the city's police and ambulance agencies in medical and rescue related emergencies. Said Rescue Squad shall be under the direct supervision of the Captain of the Rescue Squad. Section 11. Fire Department Medical Director. The Chanhassen Fire Department shall establish and maintain a medical doctor qualified in emergency medicine to serve as the Fire Department's Medical Director. Section 12. Buildings and Equipment. It shall be the responsibility of the City to provide adequate buildings, equipment, and supplies for the Fire Department to efficiently and effectively carry out its responsibilities in providing fire protection ser- vices to the City and its citizens. The Fire Depart- ment shall maintain custody of said buildings, equip- ment and supplies. The Board of Fire Officers shall be responsible to maintain inventory lists of buildings/equipment for which they have custody, such list reflecting the description, value, condition, and other information deemed necessary. The department shall notiF•• the enj UL equipment needs and charm-. ,, ..,aLe/fedPrn1 laws making equipment obsuiete or requiring upgrading. As all build- ings/equipment, not specifically identified as being under the ownership of the department are owned by the City; the department shall establish reasonable policy statements, approved by the city, guiding the usage of such buildings/equipment by the city or its residents, when such usage does not interfere with operating the fire deparetment or produce an unreasonable risk for damage of such. Section 13. Adoption of Codes. This ordinance, by this section, shall incorporate all laws, rules and regulations pertaining to the Chanhassen Fire Department and Rescue Squad as contained in the following documents: a. The Minnesota Highway Traffic Regulation Act, Chapter 169; b. The Minnesota State Uniform Fire Codes. c. The National Life Safety 101. d. The National Fire Codes. Copies of these documents have been filed in the Office of the City of Chanhassen and the same are hereby adopted and incorporated as fully, as if set out at length, herein and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Chanhassen. Section 14. Repeal. Village Ordinance No. 12 adopted on October 16, 1967 is hereby repealed. Section 15. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed and adopted by the City Council of the City of Chanhassen this 7th day of November, 1983. ATTEST: Don Ashworth Thomas L. Hamilton City Clerk/Manager Mayor (Pub. Carver County Herald November 16, 1983) O Ti