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AN ORDINANCE AMENDING AND RE-ENACTING SECTIONS 441, 442, 443, 444,
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<br />AND 445 OF THE CITY CODE OF 1932.
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<br />BE IT ORDAINED by the Council of the City of Charlottesville that the following
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<br />sections of the City Code of 1932, namely, Section 441, entitled "Fire Departments -
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<br />Control and Supervision"; Section 442, entitled, "Fire Company"; Section 443, entitled
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<br />"Chief - His duties and powers"; Section 444, entitled "Eligibility and oath of Chief
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<br />and Assistant"; and Section 445, entitled "Foreman of Fire House, his duties, etc.",
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<br />be amended and re-enacted so as to read as follows:
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<br />SEC. 441. A. EMPLOYEES - ELECTION.
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<br />All foremen, drivers, enginemen and other persons in the employ of the
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<br />Fire Department shall be elected by the City Council at its September meeting,
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<br />for such term and at such salary as the Council may determine. In the event
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<br />of a vacancy the Mayor shall fill the same by appointment, the appointee to
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<br />serve until the next regular meeting of the Council, when said vacancy shall
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<br />be filled as above provided. Such persons shall perform such duties as may be
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<br />required by the Fire Chief or his assistants, and he shall make such recommenda-
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<br />tions to the Council regarding said employees as will promote the efficiency
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<br />of said Department.
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<br />SEC. 442. A. FIRE DEPARTMENT - COMPANY.
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<br />The Fire Department of the City shall be composed of a volunteer organization
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<br />known as the "Charlottesville Fire Company", and such persons as may be employed
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<br />by the Council for the Department. Such department so organized shall be under
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<br />the direction and control of an officer to be styled the chief of the Fire
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<br />Department and one assistant chief, who shall be subject to the control and
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<br />direction of the Mayor and City Council. The election of the chief and his
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<br />assistant, together with such other officers as said company may deem necessary,
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<br />shall be held at its regular meeting in August of each year, or as soon there-
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<br />after as practicable, and their term of office shall commence on the first day
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<br />of September next following. The names of the officers thus chosen by said
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<br />Company shall be presented to the Council at its next regular meeting for con-
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<br />firmation. In case the Council refuses to confirm said chief and other officers,
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<br />said Company shall forthwith elect other persons in place of those whom the
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<br />Council refused to confirm, and submit their names to the Council at its next
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<br />regular meeting. In case the Fire Company shall fail to report the names of
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<br />persons to fill the positions of chief and assistant of the Fire Company, as
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<br />provided above, the Council shall appoint such officers, and they shall hold
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<br />their respective positions and be subject to the regulations herein prescribed.
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<br />SEC. 443. A. CHIEF - HIS DUTIES AND POWERS.
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<br />The chief, or in his absence, the assistant chief, shall have control over
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<br />all members of the Fire Department while in service at fires, and may for in-
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<br />subordination thereat, suspend any member from service for such a period as he
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<br />may deem proper with the privilege of appeal to the Company at its next regular
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<br />meeting. Said chief and assistant and the Police Officers of the City, shall
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<br />exclude from, and prevent the interference of all persons at buildings and grounds
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<br />adjacent thereto, during a fire and no person, except City officials and employees
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<br />in the discharge of their duties, shall have the right to enter within the ropes
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<br />surrounding such fire, except owners of property thereat, or such other persons as
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<br />may obtain permission of the chief or his assistant. Said officers shall have
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<br />the authority to take into custody all persons persisting in any interference
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<br />with the work of the Fire Company; and upon conviction such person shall be
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<br />fined not less than $5.00 nor more than $10.00. It shall be the duty of the
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<br />chief, or whoever shall act as such, to keep a record of all fires, their place
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<br />and time of occurrence, and shall ascertain if possible, the cause of such fire,
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<br />the amount of insurance, if any, and actual loss, and make report thereof to the
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<br />City Manager for each month by the tenth of the next month. He shall make such
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<br />reports to the State Commissioner of Insurance as may be required of him by state
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<br />law. Said chief shall deliver to his successor in office records pertaining to
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<br />the Fire Department which may be in his control.
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<br />(a) For the purpose for which the Department exists, the chief shall have full
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<br />supervision of all apparatus pertaining to the Fire Department.
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<br />(b) All orders deemed necessary by the Council for the good of the Department
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<br />shall be issued through the chief or his assistant, to the employees or subordinates;
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<br />but if the chief or his assistant refuses or neglects to communicate such orders by
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<br />posting or otherwise as the Council may direct, then the Council may cause its
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<br />orders to be issued and enforced in such manner as it may direct.
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<br />(c) Any charges preferred in writing against a member of the Fire Company for
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<br />non-performance of duty shall be brought before the Fire Company for action at
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<br />its next meeting not less than ten days after such charges are preferred; the action
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<br />of the Fire Company in the premises must be referred to the Council at its next
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<br />regular meeting for confirmation or further investigation or proceedings therein.
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<br />In the event of failure to refer the decision of the Company as above provided the
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<br />Council may proceed with the investigation de novo.
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<br />SEC. 444. A. ELIGIBILITY AND OATH OF CHIEF AND ASSISTANT.
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<br />No person shall be eligible to the office of chief who shall not have been an
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<br />active member of the Fire Department for three years. No person shall be eligible
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<br />to the office of assistant chief who shall not have been an active member of the
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<br />Fire Department for at least one year. The Chief of the Fire Department and the
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<br />assistant chief shall, before entering upon the discharge of their duties as such,
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<br />take an oath as prescribed for all other officers, to faithfully perform the duties
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<br />of the office to which they have been elected, and to carry out and perform such
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<br />duties as may be required by the Mayor or Council.
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