Livingston Municipal Code Ch. 1 Department of Public Safety

A Department of Public Safety is established for the city. The Department of Public Safety shall be responsible for the administration and provision of public safety services which shall include police protection, fire protection and other related public safety services.

(Ord. 617, passed 6-3-2014)

There is created the position of Director of Public Safety/Chief of Police and who shall be appointed by the City Manager and who shall serve at the pleasure of the City Manager. The Director of Public Safety/Chief of Police shall report to and administer the Department of Public Safety under supervision of the City Manager. In addition to the divisions of the Department of Public Safety hereinafter set forth, the Director of Public Safety/Chief of Police, subject to approval of the City Manager, shall organize and maintain such other divisions later established, and shall further be responsible for direction and administrative control of all functions of the Department of Public Safety.

(A) In those cases where the Director of Public Safety/Chief of Police has a background in law enforcement and meets the minimum qualifications required for appointment to the office of Chief of Police in a municipality located in the state, the Director of Public Safety/Chief of Police shall be entitled to all rights and privileges afforded the office of Chief of Police, and may perform all duties as may be legally required of a Chief of Police pursuant to the laws of the state; additionally, the Director of Public Safety/Chief of Police is charged with administrative control of the Police Services Division of the Department of Public Safety while the Fire Chief is charged with administrative control of the Fire Services Division of the Department of Public Safety.

(B) If at any time the city does not employ or contract for employment for a Fire Chief, the Director of Public Safety/Chief of Police may assume the role of Fire Chief if he or she has a background in fire prevention or suppression and meets the minimum qualifications required for appointment to the office of Fire Chief in a municipality located in the state. If the Director of Public Safety/Chief of Police meets these minimum qualifications, he or she shall be entitled to all the rights and privileges afforded the office of Fire Chief and may perform all duties as may be legally required of a Fire Chief pursuant to the laws of this state. Additionally, if the Director of Public Safety/Chief of Police is charged with administrative control of the Fire Services Division of the Department of Public Safety, the Deputy Chief of police services will function as the operational head of the Police Services Division of the Department of Public Safety.

(C) The Fire Chief is charged with administrative and operational control of the Fire Services Division of the Department of Public Safety including the responsibility of the Fire Marshal’s office; while the battalion chief functions as the person in charge of operations of the Fire Services Division of the Department of Public Safety. The Fire Marshal shall function performing enforcement of building standards adopted by the state’s Fire Marshal.

1. The Fire Chief is charged with the overall administrative and operational control of the Fire Services Division.

2. The Battalion Chief works under the direction of the Fire Chief and assists in the day to day administration and operations of both paid and volunteer staff assigned in the Fire Services Division. The Fire Chief may designate the Battalion Chief to represent him or her in his or her absence.

3. The Fire Marshal has the responsibility for enforcement of the building standards adopted by the State Fire Marshal as published in the California building codes relating to fire and panic safety, such as plan reviews and inspections for buildings in regards to the building permit. Assess conformity with the California Health and Safety Code, California Fire Code, National Fire Protection Standards, Cal. Code of Regulations Title 19 and Title 24 and other state regulations within the scope of the State Fire Marshal’s office.

(Ord. 617, passed 6-3-2014)

Within the Department of Public Safety, the following divisions are created:

(A) Police Services Division;

(B) Fire Services Division; and

(C) Animal Control Division.

(Ord. 617, passed 6-3-2014)

The Police Services Division is created. The Director of Public Safety/Chief of Police shall be responsible for the management, administration and provision of the Police Services Division.

(Ord. 617, passed 6-3-2014)

The Fire Services Division is created. The position of Fire Chief is created, which person shall be responsible for the management, administration and supervision of the Fire Services Division, which shall include the Volunteer Fire Department. The Fire Chief shall report directly to the City Manager or his or her designee. The Battalion Chief of the Fire Services Division may speak on behalf of the Fire Chief in their absence.

(A) Fire Services Division organization.

• 1. Fire Chief;
• 2. Division chief;
• 3. Battalion chief - Fire Marshal;
• 4. Fire captain;
• 5. Fire apparatus engineer; and
• 6. Volunteer members.

(B) Volunteer Fire Department. There is hereby established a Volunteer Fire Department which shall be known as the Livingston Volunteer Fire Department. The Livingston Volunteer Fire Department shall function as an integral part of the Department of Public Safety, Fire Services Division. The Fire Chief shall be responsible for overall administrative control of the Livingston Volunteer Fire Department.

1. Members and selection process. The Livingston Volunteer Fire Department shall consist of 31 maximum members. The battalion chief assigned, who shall be the person charged with operations of the Fire Services Division, shall be considered as one member of the Volunteer Fire Department. The remaining 30 members of the Livingston Volunteer Fire Department shall be selected in accordance with the established selection guidelines of the Livingston Volunteer Fire Department. One of these members shall be designated as president of the Livingston Volunteer Fire Department Association; one of these members shall be designated as the vice president of the Livingston Volunteer Fire Department Association; one of the members shall be designated as the training officer of the Livingston Volunteer Fire Department Association. Selection of the president, vice president and training officer shall be made in accordance with established selection guidelines of the Livingston Volunteer Fire Department.

(a) President of the volunteer association shall be charged with monthly association meetings and fundraising activities.

(b) Vice president shall assist the president and speak on their behalf in their absence.

(c) Training officer shall be charged with ensuring all required training is current and documented.

2. Rules and regulations. The members of the Livingston Volunteer Fire Department shall operate under the rules and regulations established by the Fire Chief, with input from the Volunteer Fire Department members. Additionally, the members of the Livingston Volunteer Fire Department shall make rules and regulations regarding the selection of members, retirement of members, expelling members, performance requirements of members, and attendance requirements of members. Such rules and regulations shall be subject to approval by the Fire Chief before they become effective.

3. Volunteer duties. Members of the Livingston Volunteer Fire Department shall respond to emergency incidents within the city and perform their duties in fire suppression and emergency response as directed by the Fire Chief and/or his or her designee. Additionally, members of the Livingston Volunteer Fire Department shall assist with fire suppression and emergency response duties in locations outside the city when directed to do so by the Fire Chief and/or his or her designee. Members of the Livingston Volunteer Fire Department have a duty and responsibility to safeguard all public and private property under their control or supervision while performing their volunteer duties.

(Ord. 617, passed 6-3-2014)

(A) The Animal Control Division is created.

(B) The Director of Public Safety/Chief of Police, under the direction of the City Manager, shall be responsible for the management, administration, and provision of the Animal Control Division.

(Ord. 617, passed 6-3-2014)

Any person who violates any provision of this chapter or of the Merced County air pollution control rules and regulations shall be guilty of a misdemeanor or felony as the law may read, and upon conviction thereof, shall be punished as provided in the appropriate code, law, rule or regulation.

(Ord. 617, passed 6-3-2014)