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HomeMy WebLinkAbout1512 Original Clarke By- law 1512 Not Available ',j ., Page .5 - Counoil Meeting May 3, 196~t continued: By-Law No. l.512: Being a by-law to establish a . Fire Department. WHE~ The' MUnioipal Aot provides that the Counoil may by by-la, establish and regulate a fire department; THEREFORE, the Council of The Corporation of the Township of Clarke enaots as follows: . 1. In this by-law, unless the oontext otherwise requires, (aJ "Counoil" means the Council of the Township of Clarke. . (b) "Department" means the Township of Clarke Fire Depart~ent. (0) ~Member" includes an offioer. (d) ','Trustees" means the Trustees of the Polioe Village of Orono. 2. A department of the Township of Clarke to be known as the Orono F~re Brigade is hereby established and the head of the Department shal~ be known as the Chief of the Depart- ment. The Chief shall take training cour~e8 or instruotion as advised by the Trustees and as suggested or recommended by the Fire Marshals Department. , 3. In addition to the Chief of the Department, the Department personnel shall oonsist of a deputy ohief and suoh number of ftistrict ohiefs, oaptains and other offioers and members, as from time to time may be deemed neoessary by the Truste~s and approved by Counoil. 4. (1) The Chief of the Department may reoommend to the Trustees the appointment of any qualified person as a member of the Department. (2) A person is qualified to be appointed a member of the Department for fire fighting duties who . (a) is not less than 18 years of age and not more . than 55 years of age, present members exoepted. (b) has suooessfully oo~leted at least grade 8, (0) is of good ohar~otert eft) passes suoh aptitu4e and other tests as may be . ~equired by the Chief of the Department, (el. is medioally fit to be a member as oertified by a physioian designated by the Chief of the Department, and , (f) resid~s within the Township of Clarke. (3) A person appointed as a member of the Department for fire . fighting duties shall be on probation for a period of 6 months during whioh period he shall take such training and examina- tions as may be required by the Chief of the Department. ,Pre- sent members exoepted. (4) If a probationary member appointed for fire fighting duties fails any suoh examinations, the Chief of the Depart- ment may reoommend to the Trustees that he be dismisse'd. 5. The remuneration ot all members of the Department shall be as determined by the Trustees with consent of Counoil. 6. The Chief of the Department is responsibl~ to the Trustees tor the proper administration and operation of the Dep~rtment, for the disoipline of it~ members, and (a) may, with the approval of the Trustees, make such general . orders and departmental rules as may be neoessary for the oare and proteotion of the property of the Department,' for the oonduot of the members of the Department and generally for the effioient operation of the Department, provided that suoh general orders and rules do not oonfliot wlth the pro- visions of any by-law of the munioipality, . (b) shall review periodioally the policies and prooedures of the Department and may establish an Advisory Committee con- si sting of suph officers as he may determine from time to time to assist him in this duty.. . . (0) shall take all proper measures for the prevention, oontrol and extinguishment of tires and tor the protection of life and property and shall enforoe all munioipal by-laws respeoting ~ire prevention and e.eroise the powers and duties imposed on him by The Fire Marshals Aot, . (d) is responsible for the enfo~oement of this by-law and the general orders and departmental rules, ".W . Page 7 - Counoil Meeting May 3, 1966, oontinued: , 1. Prevent, oontrol and extinguish fires. 2. Conduct through the Division of Fire Fighting or the Division of Fire Prevention, investi- (gations of fires in order to determine oause, origin and oiroumstanoes, and, where appro- priate, to notify the authority having ju~is- diotion to oonduot an investigation. .3. Perform resoue and salvage operations and render first aid. 4. Respond and assist at suoh emergencies as may be required by the Chief or the Department. . ;. Partioipate in training at stations. 6. Conduot company fire prevention an4 familiari- zation inspeotions of premises. 7. Perform apparatus maintenanoe and oleaning duties at stations. 8. Prepare the annual report and budget of the Division of.Fire Fighting to be submitted to the Division of Administration and Communica- tions. (4) A Distriot Chief is in oommand of the distriot to whioh he.is assigned and is responsible to the Deputy Chief for the proper operation of that distriot." (;) A Captain is in oommand of the Company to whioh he is assigned and is responsible for the proper operation of that oompany to the Distriot Ohief of the district in whio~ the oompany is looated. (6) Where the Ohief of the Department designates a member to aot in place of an offioer in the Vepartment, suoh member, when so aoting, has all the powers and shall perform all t~e duties of the offioer replaoed. 12. The Chief is in oharge of the Division of Fire Prevention and is responsible for the oarrying out of ~he following duties of the Divisions , (1) Conduct fire-prevention inspeotions of premises. (2) (Enforoe fire-prevention by-laws. (3) Examine building plans. (4) Provide personnel for~fire-prevention leotures. (,) Establish and maintain photogr~phy faoilities. (6) Maintain fire-loss reoords. . (7) Reoeive, prooess and follow up reports of fire- prevention inspeotions conduoted under the Division of Fire Fighting. (8) Prepare the annual report and budget of the Divi~ion of Fire~Prevention to be submitted to the Division of (Administration and Oommunioations. 13. The officer in charge of the Division of Training and Civil Defenoe is responsible to the Deputy Chief for the carrying out of the following duties of the Divisions (l) Conduot training for all personnel of the Department in fire administration, fire prevention and fire fighting. (2) Administer training programs in stations. , (3) Prepare and conduot examinations of members as required by the Chief of the,Department. (4) Provide liaison with the looal oivil defence organiza- tion. C,) Prepare fire civil defenoe operational plans and standard fire civil defenoe operating prooedures. (6) Prepare the annual report and budget of the Division of Training to be submitted to the Division of Adminis~ration and Communications. 14. (1) The provisions of this section with respeot to the promo- tion of member. do not apply to the Deputy Chief. (2) Any member having at least 3 yea~s of. servioe with the Department may make applioation to the Chief of the Depart~ ment to qualify him for promotion to a rank immediately su~erior tOt his present rank. (3) Every reoommendation for promotion of a member made to the Trustees by the Ohief of the Department shall be based on the evaluation of: Page 8 - ( Counoil Meeting May 3, 1966, oontinued: . (a) the results of examinations taken by the member, as set by officers above the rank being applied for, (b) the age and physioal fitness of the member, and (c) the fire and station reoord of the member. (4) When, in the opinion of the Chief of th~ Department, all other faotors for the promotion of two or more members are equal, seniority of servioe in the Department governs. C,) The fire fighting and station,record of eaoh member of the Department shall be evaluated annually as follows: . 1. The Oaptain of eaoh company shall evaluate each member sf the oompany; evaluation forms to be provided. ~. The Distriot,Chief of each distriot shall evaluate the Captains and other members under his jurisdiotion. (6) The Chief of the Department.and the Deputy Chief shall evaluate all members of the Department who are partici- pating in an examination for promotion. (7) Every applioant for promotion shall take suoh written, oral and practioal examinations as may be required by the Chief of the Department. (8) Any member may apply to the Chief, in writing, for the opportunity to take.a training course as recommended by The Fire Marshals Department and approved by the Chief and Trustees. 1'. Every member of the Department appointed for fire fighting duties is subject to a medioal examination at least every three years and at suoh other times as the Chief of the' ,De:partment may require. 16. (1) Every member of the Department sha11 r,port for duty at the time presoribed by the, departmental rules and shall remain on duty until relieved. (2) No member, (a) while in uniform, shall enter any premises where alooholio beverages are sold or oonsumed, exoept in the performanoe of his departmental duties, (b) if his ability is impaired by the use of an intoxi- .. eating beverage or drug, shall be permi tted to ,remain on duty, (0) while on duty, shall consume any intoxioating , beverage or drug. ( (3) No member shall solicit the influence or support of any- one in order to secure a transfer, promotion or other advan- tage. 17. (1) The Chief of the Department may reprimand, suspend or reoommend dismissal. or any member for insubordination, inetticienoy,misoonduct, tardiness or for non-oomplianoe . with any of the provisions of this by-law or the general orders and departmental rules that in the opinion of the Chief would be detrimental to the disoipline and efficienoy of, the Department. . (2) Following the suspension of any member the Chief of the Department shall report the suspension and his recommenda- tion to the Trustees within 48 hours. (3) A member shall not be dismissed without being afforded an opportunity for a hearing before the Trustees, if he. makes a wri tten request for suoh hearing wi thin seven days after reoeiving notioe. of his proposed dismissal. The Trustees shall submit their reoommendation to Counoil within 30 days there- after. (4)A oopy of all notioes of dismissal of a member schall be forwarded to the Trustees within 48 hours. The Chief shall report a~l resignations to the Trustees within 48 hours after . reoeiptor same. 18. The llepartment shall not respond to a oall with respeot to a · fire er an emergency outside the limits of the municipality exoept with respect to a fire or an emergenoy, (a) that in the opinion of the Chief of the Department - threatens property in the municipality or property situated outside the municipality that is owned or oooupied by the munioipality. (b) in a municipality with which an agreement has been entered into to provide fire protection, or (0) on property with respect to which an agreement has been entered into with any person or corporation to Page 9 - COuncil Meeting May 3, 1966, oontinueA: 19. That By-Law No. 1191, No. 1426, No. 1427, No. 1428, No. 1429, . No. 1434, No. 14.3.5-, 4nd No. 1436 be and are hereby repealed. 20. This by-law oomes into effeot on the day it is passed by Counoil. By-Law No. 1513: A By-Law of .the ;Munioipal Council of the Township of Clarke, Provinoe of Ont&rio, for the administration of Abandoned Cemeteries taken over by thi s Muni Q,ipali ty .in aooordanoe wi.th the Cemeteries Aot, R.S.0.1960. WHEREAS it is deemed expedient and necessary that ~ Sy-Law be passed for the establishment of a MUnioipal Cemetery Board to administer and operate the following Abandoned Cemeteries: Name of Cemetery Looation Size Christian Churoh Cemetery Lot 2B, Con. 5 l-aore more or less Lawrenoe's Baok Churoh Cemetery Lot 34, Con. 7 1/3" " n .. MoNeile &: Neely Cemetery Lot 31, Con. 7 1/8" " .. " Nay &: Staples Cemetery Lot 31, Con. 8 1/8" " .. " Lawrence's Cemetery Lot 21, Con. 5 1 tt " " " White Churoh Cemetery Lot 13, Con. 4 1 .. " .. .. McNeil Property Cemetery Lot 1;, Con. 3 1/8" " .. .. Bethel Cemetery ,. ~ot 28, Con. 3 1/4" " " It Brown Family Cemetery Lot 21, Con. 2 l/4" " fI " Gifford:Cemetery Lot 1;, Con. 2 1/8" .. .. " Smith Cemetery Lot 3, Con. 4 1/4" " fI " Elliott Cemetery Lot 9, Con. a 1/4 ~ " " It Therefore the Municipal Council Qf.the Corporation of the Townshi~ of Clarke enaots as follows: ' , (1) That the management and care of the said oemeteries be plaoed in the hands of a board, whioh shall be known as "The Cemetery Board of the Township of Clarke" and flhall oonsist of seven members who shall be appointed by the Counoil by resolution to hold.offioe for three years or until his successor is appointe~ with the exception of the first appointed members of the Board of whom 2 shall be appointed for a period of 3 oalendar years, 2 for a period of 2 oalenda~ years and lfor a period.of 1 oalendar y'ear. (2) Any ratepayer who is a resident of .the MUnioipality, and of the age of twenty-one years, may be appointed a member of the board. . (3) In case of vaoanoy in the said Board by removal, resig- nation or death or any other.oause .hatsoever, qf any of the appointed Members of the Board during their term of office, the MUnioipal Counoil will appoint a person to fill t~e v.acanoy, thereby oreated. , (4) The Board shall have and may exeroise within the Munioipali ty all the powers and perform all thE\ dutie.s qf a . Munioipal Counoil with respeot to the saidA.bandoned Cemeterie~. (;) It shall be the duty of th~ Cemeter~ Board and they shall have power: (a) ( (b) (0) (d) To appoint a Chairman and a Secretary Treasurer of the Board, and the Board is authorized to pay the Seoretary Trea~urer suoq salary for his serv.ica a~ the B~ard shall deem ju~t and r~gh~. To fix the time and plao~ of meeting of the Board and the mode of oalling and oonduoting suoh meetings. To see that a true and oorrect aooount is kept of the proceedings of the meetings. To carry out and enforoe all By-laws, rules and regulations relating to the Cemeteries whioh may hereafter be passed. To submit all aocounts, books; vouohers and other documents to be audited by the Municipal Auditor at th~ same titq.e and under the same oonditions whioh apply to other Munioipal Audits. To submit to the .Counoil of the said Corporation . a statement of the finanoial dealings of tne said Board for the past twelve months up to arid fnolu- d~ng the 3~stday of Deoember of the same year. . To transfer all monies heretofore and hereafter received for the perpetual care of lots or of thd oeITJ,eteries ~o the Muniolpai Treasurer/ a trust oompany/ the Publio Trustee, to be invested in (e) (f) (g)