Oceanside Municipal Code Art. I Fire Department

There is hereby created and established in the city a fire department, to consist of not less than ten (10) members, the exact number to be determined from time to time by the city council, exclusive of the chief of such department, and not less than nine (9) subordinate firemen, the exact number to be determined from time to time by the council.

(Ord. Code, § 4511)

The chief of the fire department, and all regular members thereof, shall be appointed by the city manager in accordance with the personnel ordinance and regulations.

(Ord. Code, § 4512)

The officers of the fire department shall consist of a chief, and such other officers as the city manager shall from time to time deem necessary to appoint.

(Ord. Code, § 4513)

All regular members, and all subordinate firemen, of the fire department shall be subject to, and shall obey, the orders and directions of the chief of the fire department, and shall obey all rules and regulations that may, from time to time, be prescribed by the council.

(Ord. Code, § 4514)

The chief of the fire department shall give a bond to the city in the sum of one thousand dollars ($1,000.00) for the faithful performance of the duties of his office.

(Ord. Code, § 4521)

The fire department and all property and paraphernalia of the city belonging to the department shall be under the control, management and direction of the chief of the fire department, and he shall at all times be responsible therefor.

(Ord. Code, § 4522)

The fire chief shall aid in the enforcement of all provisions of this chapter and other fire ordinances of the city and report any violation thereof to the city manager, and shall do and perform such other acts and things as are from time to time required of him by the city manager.

(Ord. Code, § 4532)

The chief shall inquire into the cause of every fire occurring within the corporate limits of the city, and shall keep a record thereof.

(Ord. Code, § 4531)

The chief of the fire department shall, to the best of his ability, preserve order at all fires and shall whenever proper or necessary call upon the chief of police or any other peace officer to preserve order and make arrests, and to prevent interference with his orders or with the members of the fire department.

(Ord. Code, § 4536)

No person, except by permission and under authority of the chief of the fire department, shall enter any burning building after the fire department has arrived at such building.

(Ord. Code, § 4534)

No person shall interfere with the chief of the fire department, or any fireman, while engaged in the lawful performance of his duties, or refuse or neglect to obey orders or requirements of the chief.

(Ord. Code, § 4537)

No person, except members of the fire department, or police department, shall be or ride upon any fire engine, or motor vehicle of the fire department while the same is going to and coming from, or while engaged in putting out any fire.

(Ord. Code, § 4533)

When it is so ordered by the chief of the fire department, all persons must move to a distance of not less than one hundred (100) feet from such building, and to a distance of not less than one hundred (100) feet from any apparatus of the department while engaged in putting out any fire.

(Ord. Code, § 4535)

When for any reason the water is turned off from any fire hydrant, or whenever for any reason any street is closed, or has an opening therein, or is dangerous to travel, the chief of the fire department shall be immediately notified of the turning off of such water, or of the closing, or the dangerous condition of such street; and it shall be the duty of the superintendent of water, and the superintendent of streets, to inform the chief of the fire department of any such facts immediately upon the occurring thereof.

(Ord. Code, § 4541)

(a) The City of Oceanside may impose and collect mitigation fees for services provided by the Oceanside Fire Department in responding to the scene of motor vehicle accidents and other emergency incidents, as listed in Exhibit A, attached hereto. The rate of said mitigation fees shall be based on usual, customary and reasonable costs of the services provided. The fees shall not exceed the city's actual costs of providing the services for which the fees are imposed. The fee schedule attached as Exhibit A shall be reviewed annually and may be adjusted by resolution of the Oceanside City Council, as appropriate, to reflect current actual costs.

(b) Applicable mitigation fees shall be recoverable from the responsible party, representing an add-on cost of the claim for injuries and/or damage to vehicles and property. The claim costs shall be billed to the insurance carrier or carriers providing insurance coverage for the incident. The city may contract with a third-party service provider for the billing and/or collection of such fees. All revenue collected from such fees shall be placed in the city's general fund and may be used for any lawful purpose.

(c) The mitigation fees authorized by this section shall be collected only from persons not residing within the City of Oceanside and from their insurers.

(Ord. No. 10-OR0369-1, §§ 1—3, 5-5-2010)

Editor's note— Exhibit A is not set out herein, but is on file in the offices of the city.