§3-101   Falls City Code   §3-102

Article 1. Fire Department
§3-101 MUNICIPAL FIRE DEPARTMENT; OPERATION AND FUNDING. The
Municipality operates the Municipal Fire Department through the
Municipal Fire Chief and Firemen. The Governing Body, for the
purpose of defraying the cost of the management, maintenance, and
improving the Fire Department may each year levy a tax not
exceeding the maximum limits prescribed by State law, on the actual
valuation of all real estate and personal property within the
Municipality that is subject to taxation. The Fund shall be at all
times in the possession of the Municipal Treasurer. The Fire Chief
shall manage the Fire Department and it shall be his duty to inform
the Governing Body when any of the fire engines, hose, ladders, or
other apparatus needs repair. Upon the written consent and
directive of the Governing Body, the Fire Chief shall cause the
repair, improvement, or maintenance of the said equipment and shall
personally supervise and approve of the same. No obligation,
except in an emergency or when the expenditure is of a minor
nature, shall be incurred on behalf of the Fire Department unless
the obligation was previously authorized by the Governing Body.
(Ref. 17-147, 17-718, 17-953, 18-1202 RS Neb.)
§3-102 MUNICIPAL FIRE DEPARTMENT; MEMBERSHIP. The Fire Chief
shall appoint no more than twenty-five (25) members for each Fire
Department Company subject to the review and approval of the
Governing Body. All vacancies shall be filled in this manner.
Said members shall be considered to be employees of the
Municipality for the purpose of providing them with workmen’s
compensation and other benefits. Each member shall be entitled to
a term life insurance policy in the amount of at least five
thousand dollars ($5,000.00) for death from any cause to age sixtyfive
(65) and such policy shall, at the option of the individual
fireman, be convertible to a permanent form of life insurance at
age sixty-five (65); Provided, that the firemen covered are
actively and faithfully performing the duties of their position.
The Fire Department shall consist of so many members as may be
decided by the Governing Body. The members may organize themselves
in any way they may decide, subject to the review of the Governing
Body. They may hold meetings and engage in social activities with
the approval of the Governing Body. The secretary shall upon
request keep a record of all meetings and shall make a report to
the Governing Body of all meetings and activities of the Fire
Department. The Governing Body may, for services rendered,
compensate or reward any member or members of the Fire Department
in an amount set by resolution. All members of the Fire Department
shall be subject to such rules and regulations, and shall perform
such duties, as may be prescribed or required of them by the Fire
Chief or the Governing Body. The members of the Fire Department
shall, during the time of a fire or great public danger, have and
exercise the powers and duties of policemen and shall have full
power and authority to arrest all persons guilty of any violation
of the Municipal Code, or the laws of the State of Nebraska.
Provided, however, volunteer firefighters and rescue squad
members testifying as a witness in connection with his or her
officially assigned duties in that capacity alone shall not be
deemed employees of the State of Nebraska or of the Municipality.
(Ref. 33-139.01, 35-101 through 35-103, 35-108 RS Neb.)
§3-103 MUNICIPAL FIRE DEPARTMENT; RECORDS. The Fire Chief shall
keep or cause to be kept a record of all meetings of the Fire
Department, the attendance record of all members, a record of all
fires, and shall make a full report of such records to the
Municipal Clerk on the first (1st) Monday in April each year. The
Fire Chief shall report from month to month any proposed additions
or changes in the roster for proper action of the Council. The
record of any fire shall include the cause, origin, circumstances,
property involved, and whether criminal conduct may have been
involved. In the event of sizable property damage, he shall
include the information of whether such losses were covered by
insurance, and if so, in what amount. All records shall be
available to the public at any reasonable time.
§3-104 MUNICIPAL FIRE DEPARTMENT; DRIVER. The Mayor shall, with
the consent of the Council, appoint the drivers for the fire trucks
of the Fire Department. Such persons shall be mechanics or persons
qualified to operate and care for the same. Such persons shall be
members of the Fire Department, and shall be under the authority
and control of the Chief of the Fire Department. Whenever
possible, the Mayor shall appoint the choices of the members of the
Fire Department to be the drivers for the fire trucks each year.
§3-105 MUNICIPAL FIRE DEPARTMENT; HOSE TESTED. All fire hose
shall be pressure tested at least one (1) time each year.
§3-106 MUNICIPAL FIRE DEPARTMENT; DRILLS. The Municipal Fire
Department shall hold departmental fire drills at least six
(6)times per year at such times as the members of the Fire
Department shall decide.
§3-107 MUNICIPAL FIRE DEPARTMENT; FIRES. It shall be the duty
of the Fire Department to use all proper means for the
extinguishment of fires; to protect property within the
Municipality; and to secure the observance of all ordinances, laws,
and other rules and regulations with respect to fires and fire
prevention.
§3-108 MUNICIPAL FIRE DEPARTMENT; DISTANT FIRES. Upon the
permission of the Mayor or Fire Chief, such fire equipment of the
Municipality as may be designated by the Governing Body as rural
equipment may be used beyond the corporate limits to extinguish
reported fires.
§3-109 MUNICIPAL FIRE DEPARTMENT; FIGHTING DISTANT FIRES. The
firemen of the Municipality shall be considered as acting in the
performance and within the scope of their duties in fighting fire
or saving property or life outside the corporate limits of the
Municipality when directed to do so by the Mayor or Chief of the
Fire Department or some person authorized to act for such Chief and
in so doing, may take such fire equipment of the Municipality as
may be designated by the Governing Body.
§3-110 MUNICIPAL FIRE DEPARTMENT; FIRE INVESTIGATION. It shall
be the duty of the Fire Department to investigate or cause to be
investigated, the cause, origin, and circumstances of every fire
occurring in the Municipality in which property has been destroyed
or damaged in excess of fifty dollars ($50.00). All fires of
unknown origin shall be reported, and such officers shall
especially make an investigation and report as to whether such fire
was the result of carelessness, accident, or design. Such
investigation shall be begun within two (2) days of the occurrence
of such fire and the State Fire Marshal shall have the right to
supervise and direct the investigation whenever he deems it
expedient or necessary. The officer making the investigation of
fires occurring within the Municipality shall immediately notify
the State Fire Marshal and shall, within one (1) week of the
occurrence of the fire, furnish him with a written statement of all
the facts relating to the cause and origin of the fire, and such
further information as he may call for. (Ref. 81-506 RS Neb.)
§3-111 MUNICIPAL FIRE DEPARTMENT; VOLUNTEER FIREFIGHTERS;
PREFERENCE. A preference shall be given to Falls City Volunteer
Firemen seeking employment with the City of Falls City Fire
Department. (Amended: Ord. #97-136)