CHAPTER 30

MARSHAL

30.01  Marshal Provided                                                        30.06  Marshal:  Duties

30.02  Qualifications                                                               30.07  Summoning Aid

30.03  Required Training                                                       30.08  Taking Weapons

30.04  Compensation                                                             30.09  Contract Law Enforcement

30.05  Marshal Appointed

30.01   MARSHAL PROVIDED.  The position of Marshal of the City is established to provide for the preservation of peace and enforcement of law and ordinances within the corporate limits of the City.

30.02      QUALIFICATIONS.  In no case shall any person be selected or appointed as Marshal or a law enforcement officer unless such person meets the minimum qualification standards established by the Iowa Law Enforcement Academy.
(Code of Iowa, Sec. 80B.11)

30.03   REQUIRED TRAINING.  The Marshal and any peace officers shall have received the minimum training required by law at an approved law enforcement training school within one year of employment.  The Marshal and any peace officers shall also meet the minimum in-service training as required by law. (Code of Iowa, Sec. 80B.11[2]) (IAC, 501-3 and 501-8)

30.04   COMPENSATION.  The Marshal and any peach officers are designated by rank and receive such compensation as shall be determined by resolution of the Council.

30.05   MARSHAL APPOINTED.  The Mayor shall appoint the Marshal.  (Code of Iowa, Sec. 372.4)

30.06   MARSHAL:  DUTIES.  The Marshal has the following powers and duties subject to the approval of the Council.
(Code of Iowa, Sec. 372.13[4])

1.         General.  Perform all duties required of the Marshal by law or ordinance.

2.         Enforce Laws.  Enforce all laws, ordinances and regulations and bring all persons committing any offense before the proper court.

3.         Writs.  Execute and return all writs and other processes directed to the Marshal.

4.         Accident Reports.  Report all motor vehicle accidents investigated to the State Department of Transportation.
(Code of Iowa, Sec. 321.266)

5.         Prisoners.  Be responsible for the custody of prisoners, including conveyance to detention facilities as may be required.

6.         Assist Officials.  When requested, provide aid to other City officers, boards and commissions in the execution of their official duties.

7.         Investigations.  Provide for such investigation as may be necessary for the prosecution of any person alleged to have violated any law or ordinance.


8.         Record of Arrests.  Keep a record of all arrests made in the City by showing whether said arrests were made under provisions of State law or City ordinance, the offense charged, who made the arrest and the disposition of the charge.

9.         Reports.  Compile and submit to the Mayor and Council an annual report as well as such other reports as may be requested by the Mayor or Council.

10.       Command.  Be in command of all officers appointed for police work and be responsible for the care, maintenance and use of all vehicles, equipment and materials of the department.

11.       Uniform.  Wear upon his or her outer garment and in plain view a metal badge engraved with the name of the office, and such uniform as may be specified by the Council.

30.07   SUMMONING AID.  Any peace officer making a legal arrest may orally summon as many persons as the officer reasonably finds necessary to aid the officer in making the arrest. (Code of Iowa, 804.17)

30.08   TAKING WEAPONS.  Any person who makes an arrest may take from the person arrested all items which are capable of causing bodily harm which the arrested person may have within such person’s control to be disposed of according to law.

30.09   CONTRACT LAW ENFORCEMENT.  In lieu of the appointment of a Marshal by the Mayor as provided by Section 30.05, the Council may contract with the County Sheriff or any other qualified lawful entity to provide law enforcement services within the City and in such event the Sheriff or such other entity shall have and exercise the powers and duties of the Marshal as provided herein. (Code of Iowa, Sec. 28E.30)


Chapter 35

 

FIRE DEPARTMENT

 
35.01  Establishment and Purpose                                          35.09  Constitution

35.02  Organization                                                                35.10  Accidental Injury Insurance

35.03  Approved by Council                                                   35.11  Liability Insurance

35.04  Training                                                                       35.12  Calls Outside City

35.05  Fire Chief Appointed                                                   35.13  Mutual Aid

35.06  Election of Officers                                                      35.14  Authority to Cite Violations

35.07  Fire Chief:  Duties                                                       35.15  Emergency Rescue Service

35.08  Obedience to Fire Chief

35.01   ESTABLISHMENT AND PURPOSE.  A volunteer fire department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency. (Code of Iowa, Sec. 364.16)

35.02   ORGANIZATION.  The department consists of the Fire Chief and such other officers and personnel as may be authorized by the Council. (Code of Iowa, Sec. 372.13[4])

35.03   APPROVED BY COUNCIL.  No person having otherwise qualified shall be appointed to the department until such appointment is submitted to and approved by a majority of the Council members.

35.04   TRAINING.  All members of the department shall attend and actively participate in regular or special training drills or programs as directed by the Chief.  (Code of Iowa, Sec. 372.13[4])

35.05   FIRE CHIEF APPOINTED.  The Council shall appoint the Fire Chief for a term of Two (2) years or to fill a vacancy.  The Council shall be furnished the department’s attendance records for drills, meetings and fires, and shall give due consideration to such records in approving the appointment of a Fire Chief.  The Council may remove the Fire Chief by written order setting out the reasons for removal which shall be filed with the City Clerk.  (Code of Iowa, Sec. 372.13[4])

35.06   ELECTION OF OFFICERS.  The department shall elect such officers as its constitution and bylaws may provide.  In case of absence of the Fire Chief, the officer next in rank shall be in charge and have and exercise all the powers of Fire Chief.

 35.07   FIRE CHIEF:  DUTIES.  The Fire Chief shall perform all duties required of the Fire Chief by law or ordinance, including but not limited to the following:

(Code of Iowa, Sec. 372.13[4])1.         Enforce Laws.  Enforce ordinances and laws regulating fire prevention and the investigation of the cause, origin and circumstances of fires.

2.         Technical Assistance.  Upon request, give advice concerning private fire alarm systems, fire extinguishing equipment, fire escapes and exits and development of fire emergency plans.

3.         Authority at fires.  When in charge of a fire scene, direct an operation as necessary to extinguish or control a fire, perform a rescue operation, investigate the existence of a suspected or reported fire, gas leak, or other hazardous condition, or take any other action deemed necessary in the reasonable performance of the department’s duties.
(Code of Iowa, Sec. 102.2)

4.                  Control of Scenes.  Prohibit an individual, vehicle or vessel from approaching a fire scene and remove from the scene any object, vehicle, vessel or individual that may impede or interfere with the operation of the fire department. (Code of Iowa, Sec. 102.2)

5.         Authority to Barricade.  When in charge of a fire scene, place or erect ropes, guards, barricades or other obstructions across a street, alley, right-of-way, or private property near the location of the fire or emergency so as to prevent accidents or interference with the fire fighting efforts of the fire department, to control the scene until any required investigation is complete, or to preserve evidence related to the fire or other emergency. (Code of Iowa, Sec. 102.3)

6.                  Command.  Be charge with the duty of maintaining the efficiency, discipline and control of the fire department.  The members of the fire department shall, at all times, be subject to the direction of the Fire Chief.

7.                  Property.  Exercise and have full control over the disposition of all fire apparatus, tools, equipment and other property used by or belonging to the fire department.

8.                  Notification.  Whenever death, serious bodily injury, or property damage in excess of two hundred thousand dollars ($200,000) has occurred as a result of a fire, or if arson is suspected, notify the State Fire Marshal’s Division.  For all fires causing an estimated damage of fifty dollars ($50.00) or more or emergency responses by the Fire Department, file a report with the Fire Marshal’s Division within ten (10) days following the end of the month.  The report shall indicated all fire incidents occurring and state the name of the owners and occupants of the property at the time of the fire, the value of the property, the estimated total loss to the property, origin of the fire as determined by investigation, and other facts, statistics, and circumstances concerning the fire incidents. (Code of Iowa, 100.2 & 100.3)

9.                  Right of Entry.  Have the right, during reasonable hours, to enter any building or remises within the Fire Chief’s jurisdiction for the purpose of making such investigation or inspection which under law or ordinance may be necessary to be made and is reasonably necessary to protect the public health, safety and welfare. (Code of Iowa, Sec. 100.12)

10.              Recommendation.  Make such recommendations to owners, occupants, caretakers or managers of buildings necessary to eliminate fire hazards. (Code of Iowa, Sec. 100.13)

11.              Assist State Fire Marshal.  At the request of the State Fire Marshal, and as provided by law, aid said marshal in the performance of duties by investigating, preventing and reporting data pertaining to fires. (Code of Iowa, Sec. 100.4)

12.       Records.   Cause to be kept records of the fire department personnel, fire fighting equipment, depreciation of all equipment and apparatus, the number of responses to alarms, their cause and location, and an analysis of losses by value, type and location of buildings.

13.       Reports.  Compile and submit to the Mayor and Council an annual report of the status and activities of the department as well as such other reports as may be requested by the Mayor or Council.

35.08   OBEDIENCE TO FIRE CHIEF.  No person shall willfully fail or refuse to comply with any lawful order or direction of the Fire Chief.

35.09   CONSTITUTION.  The department shall adopt a constitution and bylaws as they deem calculated to accomplish the object contemplated, and such constitution and bylaws and any change or amendment to such constitution and bylaws before being effective, must be approved by the Council.

35.10   ACCIDENTAL INJURY INSURANCE.  The Council shall contract to insure the City against liability for worker’s compensation and against statutory liability for the costs of hospitalization, nursing, and medical attention for volunteer fire fighters injured in the performance of their duties as fire fighters whether within or outside the corporate limits of the City.  All volunteer fire fighters shall be covered by the contract. (Code of Iowa, Sec. 85.2, 85.61 and Sec. 410.18


35.11   LIABILITY INSURANCE.  The Council shall contract to insure against liability of the City or members of the department for injuries, death or property damage arising out of and resulting from the performance of departmental duties within or outside the corporate limits of the City. (Code of Iowa, Sec. 670.2 & 517A.1)

35.12   CALLS OUTSIDE THE CITY.  The department shall answer calls to fires and other emergencies outside the City limits if the Fire Chief determines that such emergency exists and that such action will not endanger persons and property within the City limits or if the department is under contractual duty to answer such calls. (Code of Iowa, Sec 364.4 [2 & 3])

35.13   MUTUAL AID.  Subject to approval by resolution of the Council, the department may enter into mutual aid agreements with other legally constituted fire departments.  Copies of any such agreements shall be filed with the Clerk.
(Code of Iowa, Sec. 364.4 [2 & 3])


35.14   AUTHORITY TO CITE VIOLATIONS.  Fire officials acting under the authority of Chapter 100 of the Code of Iowa may issue citations in accordance to Chapter 100 of the Code of Iowa may issue citations in accordance to Chapter 805 of the Code of Iowa, for violations of state and/or local fire safety regulations. (Code of Iowa, Sec. 100.41)

35.15   EMERGENCY RESCUE SERVICE.  The department is authorized to provide rescue services and the accidental injury and liability insurance provided for herein shall include such operation.

35.16 – FEES FOR FIRE SUPPRESSION AND RESCUE.  The following fees and costs shall be assessed whenever the City of Seymour Volunteer Fire Department is called to respond to fire suppression calls:

1.         $500.00 when responding to any fire that is in violation of any Federal or Iowa state law or regulation, or in violation of the City of Seymour Municipal Code.

2.         $500.00 to any person who reports or causes to be reported false information to a fire department, a law enforcement authority or other public safety entity, knowing that the information is false, or report the alleged occurrence of a criminal act knowing the act did not occur, and such false information causes the City of Seymour Volunteer Fire Department to respond to the call.


3.         Said fees shall be considered a civil penalty, and may be enforced in Small Claims Court.
(Ord. 2014-218 – April 4, 2014)

spills of hazardous substances, these regulations are promulgated to establish responsibility for the treatment, removal and cleanup of hazardous substance spills within the City limits.


CHAPTER 36

HAZARDOUS SUBSTANCE SPILLS

36.01  Purpose                                                                        36.05 Notifications
36.02  Definitions                                                                    36.06  Police Authority
36.03  Cleanup Required                                                        36.07  Liabilit

36.04  Liability for Cleanup Costs
 

36.01   PURPOSE.  In order to reduce the danger to the public health, safety and welfare from the leaks and spills of hazardous substances, these regulations are promulgated to establish responsibility for the treatment, removal and cleanup of hazardous substance spills within the City limits.
 

36.02   DEFINITIONS.  For purposes of this chapter the following terms are defined:

1.         “Cleanup” means actions necessary to contain, collect, control, identify, analyze, clean up, treat, disperse, remove or dispose of a hazardous substance. (Code of Iowa, Sec. 455B.381[1])

2.         “Hazardous condition” means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the State of into the atmosphere which creates an immediate or potential danger to the public health or safety or to the environment. (Code of Iowa, Sec. 455B.381[4])

3.         “Hazardous substance” means any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant or that generates pressure through decomposition, heat, or other means.  “Hazardous substance” may include any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under section 307 of the Federal Water Pollution Control Act as amended to January 1, 1977, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended to January 1, 1977, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act.  (Code of Iowa, Sec. 455B.381[5])

4.         “Responsible person” means a person who at any time produces, handles, stores, uses, transports, refines, or disposes of a hazardous substance, the release of which creates a hazardous condition, including bailees, carriers, and any other person in control of a hazardous substance when a hazardous condition occurs, whether the person owns the hazardous substance or is operating under a lease, contract, or other agreement with the legal owner of the hazardous substance.

(Code of Iowa, Sec. 455B.381[7])

 36.03   CLEANUP REQUIRED.  Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or placing of a hazardous substance, so that the hazardous substance or a constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including ground waters, the responsible person shall cause the condition to be remedied by a cleanup, as defined in the preceding section, as rapidly as feasible to an acceptable, safe condition.  The costs of cleanup shall be borne by the responsible person.  If the responsible person does not cause the cleanup to begin in a reasonable time in relation to the hazard and circumstances of the incident, the City may, by an authorized officer, give reasonable notice, based on the character

of the hazardous condition, said notice setting a deadline for accomplishing the cleanup and stating that the City will proceed to procure cleanup services and bill the responsible person for all costs associated with the cleanup if the cleanup is not accomplished within the deadline.  In the event that it is determined that immediate cleanup is necessary as a result of the present danger to the public health, safety and welfare, then no notice shall be required and the City may proceed to procure the cleanup and bill the responsible person for all costs associated with the cleanup.  If the bill for those services is not paid within thirty (30) days, the City Attorney shall proceed to obtain payment by all legal means.  If the cost of the cleanup is beyond the capacity of the City to finance it, the authorized officer shall report to the Council and immediately seek any State or Federal funds available for said cleanup. 

36.04   LIABILITY FOR CLEANUP COSTS.  The responsible person shall be strictly liable for all of the following:

The reasonable cleanup costs incurred by the City as a result of the failure of the responsible person to clean up a hazardous substance involved in a hazardous condition.

The reasonable costs incurred by the City to evacuate people from the area threatened by a hazardous condition caused by the person.

The reasonable damages to the City for the injury to, destructin of, or loss of City property, including parks and roads, resulting from a hazardous condition caused by that person, including the costs of assessing the injury, destruction or loss.

36.05   NOTIFICATIONS:

1.         A person manufacturing, storing, handling, transporting, or disposing of a hazardous substance shall notify the State Department of Natural Resources and the Police Department of the occurrence of a hazardous condition as soon as possible but not later that six (6) hours after the onset of the hazardous condition or discovery of the hazardous condition.  The Marshall shall immediately notify the Department of Natural Resources.

2.         Any other person who discovers a hazardous condition shall notify the Police Department, which shall then notify the Department of Natural Resources.

36.06   POLICE AUTHORITY.  If the circumstances reasonably so require, the law enforcement officer or an authorized representative may:

Evacuate persons from their homes to areas away from the site of a hazardous condition, and

Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to cleanup personnel.

 No person shall disobey an order of any law enforcement officer issued under this section.

36.07   LIABILITY.  The City shall not be liable to any person for claims of damages, injuries, or losses resulting from any hazardous condition, unless the City is the responsible person as defined in Section 36.02[4].