TITLE III
FIRE AND BUILDING REGULATIONS
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Chapter 3.01 Fire Department
3.0101 Volunteer Fire Department Established
There is hereby established a volunteer fire department for the City of Scotland to be composed of not less than thirty (30) members, including officers.
3.0102 Powers of the Department
The Fire Department shall have the power to formulate and adopt bylaws for its government not inconsistent with the provisions of this chapter and may amend the same or add to the same at will under such rules and procedure as it shall in such bylaws provided.
3.0103 Meetings
In addition to the annual meetings of the department, the department shall hold such regular and special meetings as may be provided for in its bylaws. It shall be in entire control of its own membership within the limits prescribed in 3.0101 of this Title, and may remove or discharge any member except such officers as are herein provided for under such conditions and for such cause, and by such procedure as it may provide in its bylaws and shall have the power to fix membership fees and fines, and provide for the collection thereof.
3.0104 Officers
The offices of said fire department shall be the Chief, Assistant Chief, Secretary, and a Treasurer, who shall be elected or appointed as hereinafter provided on the last Monday of January of each year and shall assume office at the close of the said annual meeting.
3.0105 Vacancies
A vacancy in any elective office shall be filled for the unexpired portion of the term at a special election of the department called for that purpose by the Chief or Assistant Chief, notice of which special election shall be given in the same manner as notices of other meetings of the department as provided in its bylaws.
3.0106 Removal of Officers, Hearing
The City Council may, at any time that the shall deem it for the best interests of the City, by a majority vote, remove any elected officer of the department, but any such removal vote shall be taken only after a hearing before the City Council upon written charges signed by at least ten (10) legal freeholders of the City at which the accused shall have the right to appear and show cause he/she should not be removed and any such hearing may be adjourned or continued from day to day until its decision is made without need of any further notice to anyone.
3.0107 Charges Must Specify Removal Cause, Notice of Hearing
Said charges must specify the exact cause for which removal is sought and shall be filed with the Financial Officer whose duty is shall be to present the same to the City Council at its next regular meeting after the same is filed, at which time the City Council shall fix the time and place of said hearing. A copy of the charges and a notice of the time and place of said hearing shall be provided by the Financial Officer, and personally served upon the officer against whom the charges are made not less than three nor more than twelve (12) days before the day set for said hearing.
3.0108 Duties of the Chief, Expenditures
It shall be the duty of the Chief to exercise supervision and command over the department. He/she shall have general charge of the property of the City used by the department, and shall see that the same is kept in repair and ready for use. He/she shall order such repairs for the equipment and apparatus as may be necessary, but shall not incur any expense without the consent of the City Council entered upon its minutes, provided, however, he/she may expend for incidentals and repairs on such apparatus as may be needed, a sum not to exceed $_____ in any one fiscal year, and may purchase tools and other articles as may be authorized by a resolution of the City Council only.
He/she shall attend all fires which may occur in the City and all orders given by him/her at any fire to any member of the department shall be promptly obeyed. He/she shall also see that the provisions of this title are strictly enforced. The chief shall make semiannual reports to the City Council, in the months of January and July, in which he/she shall give an inventory of the property of the city used and devoted to the department, the condition of the same and shall recommend such alterations or additions as he/she may think best. He/she shall certify all vouchers presented to the City Council for expenses incurred on his/her order.
3.0109 Duties of the Assistant Chief
The Assistant Chief shall, in the absence of the Chief or in his/her inability to act, assume the duties of the Chief.
3.0110 Quorum, Elections
A majority of the members of the department shall constitute a quorum for the transaction of the business at all annual and special or regular meetings. The officers of the department shall be elected by ballot, and a simple majority vote only of those present shall be necessary to accomplish an election.
3.0111 Increase of Membership
The City Council may, at will, increase the membership of the department by resolution. The Secretary of the department shall file a list of the members with the Finance Officer and in the event of changes in the membership of the department, a correct list shall be files with the Finance Officer.
3.0112 Duties of the Secretary
It shall be the duty of the Secretary of the department to keep an accurate record and minutes of all transactions of the department. He/she shall keep in a book known as the “Book of Membership”, a list of all members of the department showing their names, dates of birth, and date they became members. He/she shall attend all meetings of the department and shall be its clerical officer.
He/she shall draw all orders on the Treasurer of the department, countersign the same and submit the same to the Chief or assistant Chief as necessity may require for signature and he/she shall draw no other on the Treasurer of the department until the same is authorized by the department, entered upon the records and he/she shall, at each annual meeting of the department render a statement of all orders drawn by him/her upon the Treasurer of the department.
3.0113 Duties of the Treasurer
It shall be the duty of the Treasurer of the department to receive and safely keep all the money belonging to the department and to pay out the same only upon proper order as provided in the previous section. He/she shall at each annual meeting present the department an itemized statement of all receipts and expenditures to be approved by the department and such approval shall be noted in appropriate language upon said reports.
3.0114 Compensation of Members
The members of the department shall receive no compensation from the City for services rendered except as the city may voluntarily provide for paying.
3.0015 Age of Members
No person shall be a member of the department who shall not have attained the age of 21 years.
3.0116 Fire Apparatus
Any fire apparatus of the City can be used by the Rural and/or City Fire Department as best as the department see fit.
3.0117 Maintenance
There shall be paid by the City to the treasurer of the fire department in quarterly payments, each year, such sums as the City Council may, from quarter to quarter, determine for keeping the apparatus in repair. There shall be also paid to the Treasurer of the department annually upon receipt of the same, the premium tax received from the State Auditor on insurance premiums written by non-resident insurance companies and by insurance companies organized in this State as provided in SDCL and acts amendatory thereof. The said premium tax so received to be used for maintenance and repairs of the apparatus and for such other similar expenses as may be determined by the department.
3.0118 Injury or Unauthorized Removal of Fire Apparatus
Any person who shall willfully or maliciously break or destroy or carry away for private use, or in any manner injure any fire apparatus belonging to the City of who shall, in any way, injure or interfere with any of the public hydrants of the City or any structure used by the Department or who shall in any manner, obstruct or encumber any public hydrant of the city, shall be guilty of a misdemeanor.
3.0119 Hazards of the Members
Each member, by joining the department voluntarily, assumes the hazards of injury or accident in the service with no liability therefor on the part of the City, but nothing in this section shall prevent the City Council from making provision for and acquiring insurance for protection of the members against such risks of injury or accident while in service.