ORD 13-05N REPEALING CHAPTER ARTICLE TITLED VOLUNTEER
FIRE DEPARTMENT, AND ADOPTING A NEW CHAPTER 22, ARTICLE 11,
TITLED FIRE DEPARTMENT, OF THE CITY OF ELK RIVER, MINNESOTA, CITY
CODE
The City Council of the City of Ell-, River does hereby ordain as follows:
Section 1. That Chapter 22, Article II, titled "Volunteer Fire Department" of the City of Ell-,
River Code of Ordinances, is hereby repealed.
Section 2. That a new Chapter 22, Article II, titled "Fire Department" of the City of Ell-, River
Code of Ordinances, is hereby adopted and shall read as follows:
Sec. 22 -31 — Department continued; purpose; organization.
a. There is hereby continued in the city and for its benefit a Fire Department,
whose mission is to prevent and suppress fires, to protect lives and property, to
enforce applicable fire, building and life safety codes, and to promote the health,
safety and welfare of its citizens.
b. The Fire Department shall be administered by a fire chief, who shall be
appointed by the City Council.
Sec. 22.32 — Fire chief and officers.
a. The fire chief shall have supervision and control of the Fire Department and its
personnel. The fire chief shall be responsible for general policy- inaking and
administrative control and for directing, planning, and coordinating all activities
of the Fire Department, including, but not limited to, fire protection and
emergency response, fire prevention and safety educational services, training and
safety of personnel, and frc station facilities, vehicles, and equipment assigned to
the department. Specific duties of the fire chief shall be prescribed in a job
description prepared by the city administrator and approved by the City Council.
b. For periods of absence froin the city up to 60 days, the fire chief has the
authority to appoint an acting fire chief. For periods of absence longer than 60
days, the City Council shall approve the appointment of an acting fire chief.
c. The Fire Department shall have officers and other management staff subordinate
to the fire chief who shall assist in the management of Fite Department duties
and functions. The Fire Department chain of command shall be defused in the
Fite Department rules and regulations, administrative policies and /or operational
procedures. Specific duties of officers and management staff shall be prescribed
in job descriptions prepared by the fire chief and approved by the City Council.
Sec. 22.33 — Personnel.
a. Fire Department personnel shall perform such duties and functions as are
prescribed in job descriptions which shall be prepared for each position by the
.fire chief and approved by the City Council.
b. The City Council shall, by resolution, set the maximum authorized on -call
firefighter staffing level for the department.
c. Beginning April 1, 2013, no person hired or employed by the city to fill a full-
time position whose essential functions /duties include that of fire suppression
and /or emergency response may also be employed as an on -call firefighter.
Persons who already are both a full-tune city employee with fire suppression
and /or emergency response functions /duties and an on -call firefighter on April
1, 2013, shall not be affected by this section with regard to their status at that
time unless they change positions.
Sec. 22.34 — Rules and regulations
a. The fire chief shall prepare rules and regulations, administrative policies, and
operational procedures as deemed necessary for the efficient operation of the
department.
b. The city's personnel policies shall apply to Fire Department employees, including
on -call firefighters and officers in their capacity as such. Any conflict between
the city personnel policies and Fire Department rules and regulations,
administrative policies and /or operational guidelines shall be decided in favor the
applicable city personnel policy.
Sec. 22.35 — Mutual Aid.
a. The Fire Department is authorized to respond to calls for assistance outside of
the city limits in accordance with its rules and regulations, administrative policies
and /or operating guidelines. The City Council shall, by ordinance, prescribe
charges to be made by the Fire Department for such calls and shall approve any
agreements made with other governmental bodies for fire protection.
Sec. 22.36 — Service fees.
a. Establisl�limit. The City Council may, by ordinance, establish fees for fire
protection and /or emergency response, which are not otherwise specified by
contract. Such fees may be established at a fixed rate for certain specific types of
incidents or for actual costs incurred by the fire department in responding to the
incident. The fire chief shall make a recommendation at least annually to the city
administrator for approval by the City Council regarding the fee to be charged
for each service.
b. Responsibility forpaylimit; live for unpaid cbayges. Each owner of the premises
receiving Fire Department services to which a fee is charged for fire protection
and /or emergency response shall be deemed to have agreed to the fee and any
delinquencies in the payment of fees for the Fire Department service to the
premises shall be alien and charge against the premises so served. In case of a
delinquency, the lien may be certified to the county auditor with taxes against
such property, and shall be collected in the same manner as taxes against real
estate.
Sec. 22.37 — Firefighters relief association.
a. There is hereby continued in the city a firefighters relief association, whose
function is to manage service pension benefits for on -call firefighters, which are
authorized under statutes, and to provide other services to on -call firefighters of
the city Fire Department as deemed appropriate by members of the association.
Section 3. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this Sth day of April, 2013.
Jolt J. Dieu, Mayor V
ATTEST:
Tina Allard, City Clerk
ORDINANCE 13-05 chain of command shall'be
CITY OF ELK RIVER defined in the Fire Depart-
AN ORDINANCE ment rules and regulations,
RE PEALING CHAPTER 22, administrative policies and/or
ARTICLE II,TITLED operational procedures,, Spe- AFFIDAVIT OF PUBLICATION
VOLUNTEER FIRE cific duties of officers and man-
EPARTMENT,AND agement staff shall be pre-
3OPTINGANEW scribed in job descriptions
et.,-WTER 22,ARTICLE II, prepared by the fire chief and
TITLED FIRE approved by the City Council, STATE OF MINNESOTA
DEhAR MENT,OF THE Sec.22.33-Personnel,
CITY OF ELK RIVER, a,Fire Department personnel SS
MINNESOTA,CITY CODE shall perform such duties and COUNTY OF SHERBURNE )
The City Council of the City functions as are prescribed in
of Elk River does hereby ordain job descriptions which shall be
as follows: prepared for each position by
Section 1.That Chapter 22, the fire chief and approved by
Article II,titled"Volunteer Fire the City Council Thomas Murray, being duly sworn on oath says that he is the
Department"of the City of Elk b,The City Council shall,by
River Code of Ordinances, is resolution, set the rmaximum general manager of the Newspaper known as the Star News, and has
hereby repealed. authorized on-call firefighter full knowledge of the facts which are stated below:
Section 2.That a new Chap- staffing' level;for the
ter 22,Article II,titled"Fire department.. (A) The Newspaper has complied with all of the requirements
Department"of the City of Elk c.Beginning April 1,2013,no constituting qualifications as a qualified newspaper, as provided by
River Code of Ordinances, is person hired or employed by
hereby adopted and shall read the city to fill a full-time Minnesota Statue 331A,02, 331A.07 and other applicable laws, as
as follows: anrmended.
position whose essential
See.22-31-Department con- functions/duties include that of
tinued;purpose;organization, fire suppression and/o r (B) The printed ORDINANCE 13-05, which is attached was cut
a.There is hereby continued emergency'response may also from the columns of said newspaper and was printed and published
in the city and for its benefit a be employed as an on-call fire-
Fire Department,whose mis- fighter. Persons who already once a week for one week; it was first published on Saturday, the 20th
sion is to prevent and suppress are both 'a full-time city day of April, 2013, and was therefore printed and published on every
fires,to protect lives and prop- employee with fire suppression Saturday to and including Saturday,the 20th day of April,2013.
erty,to enforce applicable fire, and/or emergency`response
building and life safety codes, functions/duties and an on-call
and to promote the health, firefighter on April 1, 2013,
safety and welfare of its citi- shall not he affected by this
zens, section with regard to their
b.The Fire Department shall status at that time unless they
be administered by a fire chief, change positions.
who shall be appointed by the Sec. 22.34 - Rules and
C' ^ouncil. regulations'
22.32 - Fire chief and a.The fire chief shall prepare { j�jl/ �-
ofiwers. rules and regulations, C/
a,The fire chief shall have administrative policies, and
supervision and control of the operational procedures as General Manager
Fire Department and its per- deemed necessary for the
sonnet The fire chief shall be efficient operation of the
'responsible for general department. Subscribed and sworn to before me on
policy-malting and administra- b;,The city's personnel this 20th day of April,2013
tive control and for directing, policies shall apply to Fire
planning,and coordinating all Department employees,
activities of the Fire Depart- including on-call firefighters
ment, including,but not lim- and officers in their capacity as
ited to, fire protection and such, Any conflict between the 39�+nnnnnn�nnAn
emergency response,fire pre city personnel policies and Fire t
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vention and safety educational Department rules and regula- , )) �/
services,training and safety of tions, administrative policies t lA` Notary Public-Minnesota
personnel, and fire station and/or operational guidelines .x,.` My Commission Expires Jan 31,2017
facilities,vehicles,and equip- shall be decided in favor the
ment assigned to the depart- applicable city personnel policy." Notary Public
ment. Specific duties of the fire Sec.22.35-Mutual Aid,
chief shall be prescribed in a a,The Fire Department is
J ob description prepared b the
authorized to respond to calls
city administrator and for assistance outside of the
approved by the City Council city limits in accordance with RATE INFORMATION
b,For periods of absence from its rules and regulations,
the city up to 60 days,the fire administrative policies and/or $21.00
chief has the authority to operating guidelines. The City (1)Lowest classified rate paid by
appoint an acting fire chief. Council shall,by ordinance,
For periods of absence longer prescribe charges to be made by commercial users for comparable space (line,word or inch rate)
than 60 days,the City Council the Fire Department for such
shall approve the appointment calls and shall approve'any $15.50
of an acting fire chief, agreements made with other (2)Maximum rate allowed by law for
c.The Fire Department shall governmental bodies for fire the above matter (line,word or inch rate)
have officers and other man- protection.
agement staff subordinate to (3)Rate actually charged for the above
Ire chief who shall assist in matter $15.00
management of Fire
Department duties and fungi- (line,word or inch rate)
tions. The Fire Department �; 3356412
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