Ord 02-28 AN ORDLNA~TCE PROVID!~'G FOR TP~ CREATION OF A FIRE DEPART!~ENT
OF THE CITY (F DELRAY BEACH, FLORIDA, ~?D DEFI?'I~'G ITS
JURISDICTION.
BE IT ORDAI~t~D AAU) ENACTED BY TP~ COUNCIL oF ~ CiTY OF
DELRAY BEACH, FLORIDA.
Section 1. Tha~ a department to be known and designated as
the Fire Department be and it is hereby created for the City of
Delray Beach, Florida.
.SeCtion 2. The Fire Deper ~tuaent shall consist of the Chief
of Fire ~d as many subordine~$e officers, firemsn and employees
as the chief may deem necessary end properS, subject to confirma-
tion by ~he City Council.
Sec$ion 3. The Fire Department shall have control offend
managemen~ of~ all fires within the limits of the City of Delray
Beach~and its officers shall have the p~wer to prevent anyone
interfering in any way with the departnent or ~ith any of the
employees of ~he departmen~ in the performance of their duties.
Section 4. The Chief of Fire shall have charge of al~
ecuipment of said department and shall make an inventory semi-
annually a~d report to the Oity Council ~he amount of eouipment
on hand and the condition of such e~uipment~and sLal! report ~o
the City Council fron time to time, the ne~ds of ~aid dep~rt~ment.
The Chief off.Fireball have authority to have minor repairs made
upon e~uip~ent ~elonglng to 't~e del~ar~ment ~az well as emergency
repairs, when ~amO may be necessary. _
Section 5. The Chief 0f"~Fir~a~d sertain of the firemen
appointe~ -by him shall have '~olioe anth~rtty at fires ~: t.be Cit~
of Delray Beech and shall be in charge of l~he Zerritory im~dlately
adjacent to~l~e~ and in the vicinity of~ the~ fire. The~ are
hereby authorized ~o e_-Test and~ ~ A~to custody any person
violating any of 'the rul. s or ~egulatiens promulgated by him,
with reference to the control of fires.
Se'orion $. ~henever any officer c~r member shall find in'any
building er upon any premtses er ~ther place combustible ~or .x-
plesive me~er er ~angerous accumulation o~ rubbish 'or ~ily waste,
· ashes in ~e~hus~i~le receptacles, ~eoee~ary accumulation
waste paper, ~oxes, shavings or any other highly inflamm, ble
mate~iels, especially liable to fire, end which is so situated
as to endanger property, or shall find obstructions to er on
fire escapes, stairs, passageways, doors or windows, liable to
interfere with the operation of the fire department or egress
~ of occupants, in ease of fire, or fire-doers or shutters ob-
structed or in poor repair or interior fire fighting equipment
not in aerviaable condition, ~e shall order the same ~to be /~-
removed or remedied, end such order shall forthwith be c~nplied
with by the owner or .occupant of such premises or buildings,
subject to appeal within twenty-four hours to the Mayor, who
shall within ten days review Such order,and file his decision
therec~, and unless the order is revoked or modified it shall
remain in full force ..and be ebg~ed.by s~oh owner or occupant.
Within twelve iaenths after the passage of this ordinance
it shall be the dnty of the Ohief of Fire'Department to inspect
-er cause ~ .be inspected, all stoves, furnaces,-boilers, flues,
ehlzmeys and smokestacks, 'including oh~m-eys, flues, and heating
appliances in private dwellings constructed or installed prior
to the passage of this ordinance, and in event any such installa-
tion is found unsafe he shall, order the same to be removed or
corrected within ten days, subject to appeal to the Mayor as
hereinabove set forth.
............... -Any Owner or occupant failing -to eomply with-suCh order
within ten days after said appeal shall have been determined, or,
if ne appeal is taken, then within ten days after the service of
~he said order, shell be li4ble to a penalty as ]ereinafter stated.
The service ef any such order shall be made upon the occupant
~f the premises to whom it- is directed by either delivering a true
eopy of sam~ to such occupant personally or by delivering the
same to and leaving it with any person in charge of the premises,
er in case no such peTson is found upon the prem_~ses, by affix~l~_g
a eopy thereof in a conspicuous place on the door $o the entramee
of the said premises. Whenever it may be necessay to serve such
an order upon the owner of premis~s, such order may be served~
'either by delivering to and leaving with the maid
copy of the said order, or, if ~uch owner is absent Zrom the
' Jurisdiction of the officer making the order, by mailing such ,
cody to the owners last known Dost plaice address.
Any person or persons, firms or sorporation violating
any of the provisions of this ordinance or any of its sections,
shall, upon conviction, forfeit and pay a fine not to exceed
O~e Ecmdred ~ollars ~ ~hirty ~ays imprisonment, or by both fine
and ~mpriso~m$~ nt.
~- Section ?. Ail weeds, saw palmettoes, wild growth, rubbish,
umdergrowth, trash, and dead trees standing mr fallen withi~ the
l~m!ts of the City of Delray Beach are hereby ~eclared to be
nuisances and a fire hazard against l~he safety of the City. The
owner of any lot upon which are any of the aforesaid fire hazards
shall be deemed ~uilty of a misdemeanor and after being served
with a three days written notice from the Chief of~ir ,~shall be
required to remove said weeds, palmettoes, etc. If at the expir-
atlon of said notice, the same shall not have been removed the
-said-chief-shall-~roeeed to remove the ~s-me_-, or the same may be
re~ved by the proper~ department of the City of Delray Beach, and
the cost thereof assessed against the lot or parcel of land, as
provided in the Charter of the City of Delray Beach. Any person
failing t~ ecmply with 'a notice so carved, shall be deemed guilty
'of a mis~ea~anor and upon ~o~vi~tion ~hall be punished- by a fine
of not more than One Hundred Dollars a~d by imprisonment at hard
'labor for not longer than ThirtY Days, or by both~ fine and ia_
prisomment ,in the discretion of the Mu~ lcipal ~Udge. .
~l. driV ,s close ,s D~s~l~;t~e to the ri~t tnd o~rb ~/~stop..
and remai/~tationa_,~ for tht p~iod of thre, mutes frtm ~he
sounding/of lhe alarm. . '
Section ~. Any person &riving any vehicle ever. and across
a fire hose in use.~/ or about to be in us~ o~ lying in the street
or other public t~horoughfare after being placed 'in or used b~
Fire Department for extinguishing any fire ~hat may occur in the
corporate limits of ~he City of Delray Beach, shall De Aeemed
guilty of a misdemeanor,~nd upon c~viction before the Municipal
tudge, shall be punished by a fine not to exceed One Hundred
Dollars or hy imDrisonment at hard labor for not mox~ tha~ thirty
days or by both fine and imprisonment in the discretion of the
Municipal Judge.
Section 10. N° person other than regular or volunteer fi~e-
meh shall be allowed to ride any of the apparatus of the fix~
department except with the permission of the Ohief of Fire,
Seeti°n 1i. Upon the approach from any direction of any
vehioie-°r apparatus of the Fire Department answering au alam
of fire or emergency~ mounding a siren or bell or any other gong
known to be the alarm of warning of the approach of such apparatus
or vehicle, the drive~ of any other vehicle shall drive as close
as possible to the right b,~d curb, and stop, and shall not pro-
ceed further until such apparatus or vehicle shall have passed
om for a distance of two city blocks and shall not ~follow withim
two city blocks thereof.
Section 1~ Ne vehicle, except by the permission of the
~ire Ch&el or other autd~orized officer of the fire department
shall park or approach within ~ne city block of a fire or piece
of fire apparatus, at any time, or be parked or left standing
so as to ~n any way interfere with the performance of the d~ties
of the fire ~e~ar~men$ providing that this ~ectlon shall not appl~
to ambulamces, apparatus ~r vehicles of the police department.
Section 1~. It shall be umlawful for any person to use in
any mamuer a~ warning device ~$ the sort and/o= character am used
by the officers or emplmyeee of~ ambulances~of the fire department
within the 6~rporate 1Astra of the City of Delray Beach.
Section lA. No vehicle shall be parked within ten feet of a
fire hydrant.
~ Section 15. Ne parses shall kindle, ma~tain or assist in
maintaining a bonfire ~ other exposed fire within the I~m!ts of
the City of Delray Beach, nor store or cause tc be stored any
highly inflammable or combustible material without first obtai, ning
written permit from the Chief of Fire which said permit shall
obligate the grantee thereof to be responsible for any d~m~ges
resulting there frc~.
Section 15. All apartment houses, hotele, business houses,
theatres or other public places conducted for profit shall be
required to '~~~smoh places of business with approved
fire apparatus, which shall be approved by the Chief of Fire.
AnT person,~u ~_!rm or corporation refusing to conform
of the precee~ling sectlcms, upon conviction shall be punished by
a fine not to excee~ One R~andred Dollars or by im~risenment at
hard la~b~ for not longer than thirty days or by both fine and
impriso~w~nt in' the discretion of the Municipal 7udge.
the Chief of Fire and apprOVed-by the C&~y Council of the City of
Delray Beach, shall be apprepriated to the Fire Department to
cover the necessary expenses of the said Department. Said appro-
priation is to constitute a fund out of the general ~und from '
which expenditures may~ be made within the department in the manner
as provided in this ordinance.. Any amount in excees of the accep-
ted budget shall be voted by the City Council on the reccmmendation
of the Chief of Fi
ection 18. The Chief of Fire shall flush all water maine
and fire hydrants at least every thirty days and at such other
times as directed by the Council, and sm shall be a part of his
duties as chief'.
Section 19, It shall be the duty of the Chief to call at
least two praoticea a month, for which firen~n shall receive re-
muneration as outlined hereinafter. AnOther practices which
might be called by' the Chief shall be without ecmpensation.
~ (~) nollere per month.
The assistant chief of firs shall receivs as a remuneration
for his services as auch the mum of One Htmdred Twenty {$1~0.00)
Dollars per annum, payabls Ten Dollars per month.
Each regular fireman or in his absence a reservs fireman
shall receive a compensation of Four Dollars for his attendance at
each fire.
F~ch fireman except the officer, mhall receive the compen-
satlon of One Dollar for each practice as above outlined.
Each officer shall receive for their services the following
.compensation for the regular practices they atten~ as outlined
above, the-sum ef to-wit:
Captain, $~.50; First Lieutenant $2,00; Second Lieutenant
- Section ~1.. This ordinance shall take effect an~ be in force
~ from its pameage as provi~e~ by law.
~... _ Ail ordinances or parts of ordinance~ in conflict herewith are
~ · hereby ~epaled.
~' · I~ASSED by the City Council of the City of Delray Beach,
Examined and approve~ by me this l~th day of February, A. D.
1928.
A~ Oi~IHrA~CE PROVIDINo FOR ~ ~IATI~ 0F l
~~ ITS ~ICTIO~,
' ~ IT 0~~ ~ ~C~ ~ C0~CIL OF ~ C~ 0F
Section 1. T~% a ~ep~n%~o be
~ the Fire Dep~ment be ~ it
3eoti~ ~, The Fire Dep~ment
~ of Fire ~ aa ~ ~bo~ate offioe~, fir~en ~ employees
~ the chief ~ ~eem neoes8~ ~d prope~, ~b~eot to o~i~-
- ti~ By th~ City C~oil.
Section Z, The Fire ~pa~m~ sh~l have
~ ~ement of ~ fica with~ the li~ts of the. C~ty o~ Delr~
: ~e~ah ~ it8 offioe~ s~l ~ve $he p~ to p~eent ~one
~te~e~ ~ ~ ~ ~th tho ~op~ment or with ~y of the
o~lo~oem of the ~ep~ment ~ the pe~o~e of thei~ ~utie8.
Seoti~ 4, ~e ~ief of Fire sh~l have o~e' of ~1 ·
-e~ipment of sai~ ~ep~ment ~d
~f ~~ ~d repo~ to th~ City C~oll.
~ h~ ~ ~he oon~tio~ of ~oh e~ip~nt ~ ~1 ~po~ te
:, the Otty C~oil fro~ tim to t~e, the nee~ of's~ dep~tm~t.
~ ~e Ohief of Fire sh~l ~ve ~tho~ty to have m~no= repa!~ ~e
~ up~ e~ipment belo~i~ to the depa~t, ~so~ emergency
repaira, wh~ s~e ~ be neaess~.
Seoti~ ~, -The' ~hief of Fi~ ~a oe~a~ ef the firemen"
appointe~ by hi~ ~1 ~ve poli~e ~thorit2
Oity of Del~ Beach ~ ~1 b~
'i~iatel2 a~Jaoent to ~ in the vio~ity of the fire. They
:hereby authorizei aat.~ {~ into ~to~
pezaono violating any of the rules or regulations promulgateA b7
hi~ with reference to the oo~t~eX of firel.
3eotiow 6. ~henever the Chief o.f Fi~e or ~y o~iee~ o~
~ uDo~ ~ praises ~ Qthe~ pl~e o~tib~t o~ e~loaive
in oom~$ible zeoeDt&el~. ~eoe~r~ aQO~tiO~ Of
elDoolal~ l~blevto f~e',, ~ uhioh i~ 8o ~$e~
tio~ of the f~e ~e~r~enq o~ e~emm of oe~tmt.
f~e fi~ti~ mq~p~nt not ~ me~ioeable comities, he ~1
or.er the same to be r~ove~ or reme~ieA, an~ sUCh ox~er shall
forthwith be pomplie~ with by the ownezoz occupant of such premis, s
or bull~ingl, cub jeer to appeal within twent~-fou~ hours to the
]ra~0~,.-w~o aha-IX- within-ret ~a~l- review sueh-omte~ ~_~-f$1e~
· eoiilon t~eze~, ~d ~1e88 ~e or. er
~IX r~in in ~11 forBe ~ ~e obeTo~
With~ ~elve uonth8 ~fte~ the }~8~ge of th~ o~oe It
~1 be ~e ~t~ of the 0~ief og the F~e De~ent to ~8~eot
o~.oaule to be i~eete~, ~1 8tove~, ~oeo, boilers, flues,
oh~e~a. ~ smokestacks, ~o1~ ~e~, ~ue., ~ heati~
a~Oel ~.:}ri~te ~welli~, oo~t~t~ oz ~tane~ ~ioz to
the paa~ge of' Oh~ °r~i~oe, a~ ~ eve~ ~ mOh i~tai~on
~o~ ~e:h~ ~t o~ez ~e,. ~ to be,~ove~ or oorreete~
~ ~ner or oo~}~t faili~ to
· lthin ten d~ ~tez ~i~'appeaX 8~
if no ap}e~ i8 g~, ghe~ wl~hi~ ~e~ ~ ~er ghe servioe of
the ~iA.~o~Aez~ shall he liable to a ~enaXt~ al hereinafter
state~. . . · ]
The service o~ ax~y
of the premises to whom
t~eoo~ off--to ~e~ oa~~ez8o~ o~ by~Xlver~,
'~' ~,
.~ the li~tl, of the ~ of Del~'Beaoh ~ herebF deolare~
T~ ~e~ e~ ~ l~t upe~ w~eh ~e ~' of the afore~l~ fire
ha~a sh~l be ~eeme~ ~lty of a ~ed~e~or ~ ~te~
ae~ ~th a thee ~a ~tt~ notioe fr~ the Chief
t~ e~i~ti~ of ~i~ not'See, ~e s~ sh~l not ~e been'
t~ a~A o~ef ~l prooee~ to ~m~e the s~e, or t~
~ the oost. the~of uteeloi ~a~S the lot oF p~oo~
~ provideA ~ the Ch~e~ of the City of Do~ Beaoh~
Seotion 8- .~ the ~~ o~ tho'~oity fire 8i~
a fire hose ~ uae eT ab~$ to be ~ ~e oF 1~ ~,the at.et
Seo$im ~ lo pe~ other t~ ~~. or voX~tee~
fiT~ ~1 be ~I~A to ~ae ~ ~ the a~~ of the
fire ~op~nO exo~t ~th the po~osi~ ~ the ~ef bf Fire,
of · nls~emaano~
Seer ima 1l~ Upon the &pprei~x fron a~y ~ireo~io~ of
of ~re o~ e~eno~, 8~g a 8i~ o~ bell e~ ~ °th~ go~
~ to be ~e ~ of ~ of the approa~ o~ ~ appa~
~ee~ ~$h~ ~tiX ~ appall, oz wehioXe a~ ~ve pu~ei
~we. eity bl~a the~ef~ . ~ pers~ ~ p~a~= ~elat~
sh~l be ~eeae~ ~ilty of a
Seetion 12, Ne vehiele, exceP~ by the pe~aalon of the
Fire Chief o~ othe~ autho~zeA offiee~ of the fire ~ep~aent
ah~l pa~ ~ ~proa~ wi~ia ~e eity blook of a fire or pieee
~Or le~ st~di~, ~o ~ te ~ ~y ~ ~te~e~ with the pe~o~ }
Seot i~ 14o No ve~eles~l be p~koA with~ t~ fee$
~llty of a mindeme~o~
u~ta~ a b~ftre~ o~ othe~ e~oseA ~e with~ the ~ll~tn of
~he ~ity of Delr~ Beth, M~ ste~~ or ca~e to be otoro~
~tt~ Pe~i$ ~em the ~ief of Fi~ w~oh s~ pe~t e~l ob~
ligate the gr~tee the~ef te be ~~ible fo~ ~ d~ea
- - - SeOti~ 16. ~I ap~nt h~ae~, hotels, busineam h~m~
.................. ~ea~'~o~e~-publ/W'-~Iaeel eon~ueSeg ~Or pre~' w~X
fire ap~li~eee, whi~ ~1 be approveA by the Chief of Fl~e
3eoti~ 1~, ~ pe~o~ or petals, or o~ioe~ of ~ fi~
e~ ~e~ti~ whe violate ~ of the ~ea ~ ~tiona
~ate~ by Sh~ Chief of Fi~ or who sba~l vio~te or ~se
Jo exeee4 ~ ~lfe~ ($100.00~ ~o11~, ~ ~7 ~a~enJ
fine ~d i~8o~nJ b the ~iso~ti~ of the ~iolp~
SeQtlOG ~8, A ~ of money e~ to the ~et u
o~ ~ Bea~,. ~1 be appr~ate4, by ~e. Yi~ Dep~$
&eeepte~ ~et ~MI be vote4 by the oity c~oil ~ the ~om...
of Yire
oth~ tima u ~reoteA by t~e oo~oiX~ ~ 8~e ~1 be a p~ .,~
't
.. ...... Seet~ea ~0~ 'It' ahall be 'the ~uty of the Chief of Fire Se
Oe3.~ at. l~t t~ pr~tieel
~ive ~e~ti~ ~ ~tl~e~.he~~ ~ othe~ praotice~
Seetio~ ~; The C~eT
Eighteem Nundre~- ~$1~BOOeO0)' Dollar~ pe~ ~,. p~a~% ~e H~
ae~ioe~ ~ ~eh the ~..of ~~ ~tz ($120.00}
~ ~r~-~ o~ ~ his a~.enee ~ re.e~e fl~ ~all
a oo~enati~ of F~ ($4.00) Dolln~ fo~ his atten~o~
fire, the ~ te be app~e~ by the Chief of Fire,
Eaoh fireman exoept the officers, shall receive the compen-
sation of One ($1.00) Dolla~ for his attendee at eaoh rsgula~
)ra~tiee as above ~tl~e~, ~ 8~ tO be approve~ by the Chief
Eaoh offloe~ ehal~ rsoe~v, fOX' l~-ae~vtoee the relieving.
oo~ensation fo~' the ~1~ }raotioe~ h~ attends ~ ~tline~-'abov
the ,~ of to-~t: · '
,j .
~erl~a, this ~th ~ of Feb~, l.. D. 1928. "
-
ATffiT:
'~ , ~ne~ -~ appr~eA by me thie the 14th.~ of ~lb~l