Proposed city law makes a police department and a fire department

This is the proposed ordinance - pending second and final reading - that requires the City of Clinton to hire a Police Chief and a Fire Chief. - it likely will be adopted on Sept. 10.

 

AN ORDINANCE OF THE CITY OF CLINTON, SOUTH CAROLINA DISSOLVING THE CITY’S DEPARTMENT OF PUBLIC SAFETY; REDISTRIBUTING THE POWERS AND RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SAFETY AMONG THE CITY’S POLICE AND FIRE DEPARTMENT, AS APPLICABLE; AMENDING AND RESTATING CERTAIN PROVISIONS OF THE CITY’S CODE OF ORDINANCES WITH RESPECT TO THESE MATTERS; AND OTHER MATTERS RELATED THERETO.

 

NOW, THEREFORE, BE IT ORDAINED by the City Council and Mayor of the City of Clinton in a meeting duly assembled as follows:

 

Section 1. Findings of Fact. The City Council of the City of Clinton (the “City”), the governing body of the City of Clinton, South Carolina (the “Council”) hereby makes the following findings of fact: 

 

(A)  Section 5-7-260 of the Code of Laws of South Carolina 1976, as amended, provides that a municipality shall be required to “establish, alter or abolish any municipal department” by ordinance.

 

(B)  By the terms of an Ordinance dated July 11, 2005, the City established its “Department of Public Safety” as the department in charge of both the City’s Police Department (the “Police Department”) and the City’s Fire Department (the “Fire Department”).

 

(C)  Upon a review of the City’s operations and service responsibilities and in order to provide more effective public safety measures within the City, the City Manager of the City has recommended that the City should dissolve the Department of Public Safety and reestablish the Police Department and Fire Department as stand-alone departments of the City.

 

(D)  In order to effectuate the dissolution of the Department of Public Safety and the reinstatement of the Police Department and Fire Department as independent departments of the City, the Council is enacting certain amendments to the City’s Code of Ordinances (the “City Code”) as further set forth herein.

 

Section 2. Dissolution; Reinstatement. By and through the enactment of this Ordinance, the Department of Public Safety is hereby dissolved and Chapter 42, Article 1 of the City Code is hereby repealed. The authority, powers, duties, and responsibilities of the Department of Public Safety are transferred to the Police Department or the Fire Department, respectively, pursuant to the amendments to the City Code set forth in this Ordinance. The duties and responsibilities of the City’s Police Chief (the “Police Chief”) and the City’s Fire Chief (the “Fire Chief”) shall be amended as further set forth herein; provided, however, the Police Chief and Fire Chief shall be under the direction, control and supervision of the City Manager in the same manner as all other department heads of the City.

 

Section 3. Amendments to the City Code. By and through the enactment of this Ordinance, the following provisions of the City Code shall be amended as follows:

 

A. Chapter 42, Article I of the City Code, entitled “Department of Public Safety”, is repealed and the authorizations, powers, duties, and responsibilities set forth therein are delegated to the various departments and department heads of the City in accordance with the amendments set forth herein. 

 

B. Chapter 10, Article I, Sec. 10-3, Section IV of the City Code concerning the enforcement of ordinances related to the enforcement of regulations regarding the disposal of pet waste shall be amended and restated to read, in its entirety, as follows: 

 

Sec. 10-3, Section IV. Enforcement

 

The provisions of this Ordinance shall be enforced by the Clinton Police Department and Clinton Code Enforcement Officers. 

 

C. Chapter 30, Article I, Sec. 30-3 of the City Code concerning the establishment of a fine for false fire alarms shall be amended and restated to read, in its entirety, as follows:

 

Sec. 30-3 Establishment of a False Alarm Fine.

 

It shall be unlawful for any person to cause a false alarm that initiates a response by the City’s Police Department or Fire Department. Any person who willfully or knowingly causes such false alarm shall be fined in the manner set forth below for such infraction; provided, however, the Police Chief, or his designee, may waive such fine if he deems the circumstances warrant such waiver, in his discretion. The false alarm fine shall be in the amount of $50.00 per false alarm reported in excess of two (2) false alarms previously occurring within any calendar year. 

 

D. Chapter 30, Article I, Sec. 30-4(a) & (b) of the City Code concerning an incident response fee shall be amended and restated to read, in their entirety, as follows:

 

Sec. 30-4 Incident Response Fee.

 

(a) A fee, the amount of which shall be based on the level of response as set forth in subsection (b), (c), (d) and (e) of this Section 30-4, shall be charged to the registered owner of any motor vehicle that is the subject of a response by the Fire Department in the City (or in an area outside the City which receives fire protection services from the City) in which Fire Department personnel are dispatched to and arrive at the location of the motor vehicle which is the subject of the response, regardless of whether such response is for a vehicular fire, collision, or other emergency as described herein. The Fire Department may withhold fire reports and other documentation required by insurance providers until the amount of the fee described in this section is paid in full.

 

(b) Applicability

 

This rate schedule applies to all calls that the Fire Department responds to that include one of the following types of responses:

 

A. Motor Vehicle Accident/Fire

B. HAZMAT Response

C. Specialized Rescue Operation

 

E. Chapter 30, Article I, Sec. 30-5 of the City Code regarding the timely payment of fees shall be amended and restated to read, in its entirety, as follows:

 

Sec. 30-5. Time of Payment of Fees.

 

Except with respect to the incident response fee set forth in Section 30-4 of this chapter, and as otherwise expressly provided with respect to any fee charged pursuant to this Chapter 30 of this Code, all fees charged under this Chapter 30 of this Code shall be due and payable upon not later than thirty (30) days following the charge thereof. Notwithstanding the foregoing, the Fire Chief may set other dates and times for collection or payment of any fee, other than the fire services fee set forth in Section 30-4 of this chapter, provided that such other dates and times for collection and payment thereof are applied uniformly to all payers.

 

F. Chapter 42, Article II, Sec. 42-26 of the City Code regarding creation, composition, rank and authority of police officers shall be amended to amend and restate Subsection (b) and add Subsection (e) each of which shall read, in their entirety, as follows:

 

Sec. 42-26. Creation; Composition; Rank and Authority of Officers and Members.

 

(b) As directing head of the police department, there shall be a chief of police (also known as the police chief).

 

(e) In addition to the other duties of the chief of police pursuant to the position of department head of the police department, the police chief shall establish appropriate administrative and operational procedures for the police department pursuant to the Code of the City, the City’s administrative regulations, and the direction of the City Manager; ensure close and effective communication, coordination, and cooperation with area public safety departments, and law enforcement agencies.

 

G. Chapter 42, Article II of the City Code shall be amended to add Sec. 42-31 regarding the responsibilities in connection with the City’s Emergency Operations Center; such section shall be entitled “Emergency Operations Center” and shall read, in its entirety, as follows:

 

Sec. 42-31. Emergency Operations Center.

 

(a) The Police Department will maintain a fully functional Emergency Operations Center to be activated for weather, natural, or man-caused disasters. The Police Department will coordinate the implementation of the emergency action plan, hurricane plan, and related emergency plans in response to natural, weather, and/or man-caused disasters, with special attention to senior citizens, the homebound, the disabled, and other persons with special needs.

 

(b) The Police Chief shall serve as the Emergency Operations Coordinator, and in such role shall ensure the readiness of the Emergency Operations Center and the emergency operations plan of the City, implement the Emergency Operations Plan, and activate the Emergency Operations Center pursuant to the Code of the City when directed by the City Manager or, in the discretion of the Emergency Operations Coordinator, such action is appropriate when an emergency situation poses imminent danger to the City, its residents, or property. The Emergency Operations Coordinator shall also ensure close communication, coordination, and cooperation with area emergency preparedness agencies and the State of South Carolina. 

 

H. Chapter 30, Article II, Sec. 30-34 of the City Code regarding the powers of the Fire Chief shall be amended to amend and restate Subsection (a) and to add Subsection (d) to Section 30-34, each of which shall read, in their entirety, as follows:

 

  1. The chief of the fire department (also known as the fire chief) shall have the authority to establish such rules and regulations as in his judgment may be necessary in the proper handing, storing, keeping and care of all fire department equipment and apparatus.

 

(d) In addition to the other duties of the fire chief in his capacity as department head of the Fire Department, the fire chief shall exercise daily operational control over the Fire Department and all firefighting resources including personnel and equipment; assume command of the Emergency Operations Center at the direction of the Emergency Operations Coordinator when its activation has been approved; direct the assignment and use of career and volunteer fire personnel and all firefighting equipment in routine and emergency conditions; ensure that all firefighting personnel are sufficiently educated with respect to the most effective firefighting techniques and that such techniques are utilized by all firefighting personnel; ensure that a proactive fire prevention and inspection regimen is followed; conduct training of firefighting personnel that is appropriate and consistent with the duties and responsibilities defined herein; ensure close and effective communication, coordination, and cooperation with area fire departments and emergency service providers; and perform other duties at the direction of the City Manager, as prescribed by this Code, or as needed to meet the duties and responsibilities identified herein. 

 

Section 4 Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held or determined to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.  

 

Section 5. Repealer. The ordinance of the City entitled, “AN ORDINANCE OF THE CITY OF CLINTON PROVIDING THAT THE CERTAIN PROVISONS OF THE CODE OF THE CITY OF CLINTON BE REPEALED OR AMENDED TO ESTABLISH THE DEPARTMENT OF PUBLIC SAFTEY,” dated July 11, 2005, is hereby repealed in its entirety. All provisions of the City Code and all ordinances of the City shall hereinafter be interpreted in light of the provisions of this Ordinance (and the amendments promulgated hereunder), and any provision that makes reference to the Department of Public Safety or the Public Safety Director that is not expressly amended hereby shall not be repealed, but shall be construed in a manner generally consistent with the dissolution of the Department of Public Safety, the reestablishment of the Police Department and Fire Department, and the appropriate delegation of powers, duties, and responsibilities of the Department of Public Safety among the Police Department and Fire Department. To the extent that such construction is not possible based upon the context of any reference to the Department of Public Safety or the Public Safety Director, the City Manager is hereby empowered and directed to delegate any such power, duty, or responsibility to the appropriate department in his discretion. 

 

Section 6. Miscellaneous. Nothing in this Ordinance hereby enacted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause of causes of action acquired or existing under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance. 

 

DONE AND ORDAINED IN COUNCIL ASSEMBLED, this ___th day of _____, 2018.

 

 

 

CITY OF CLINTON, SOUTH

CAROLINA

 

 

(SEAL)

_________________________________

 

Attest:

Mayor

 

 

______________________

 

City Clerk

 

 

 

First Reading: August 9, 2018

Second Reading: ____________, 2018

My Clinton News

P.O. Box 180
513 North Broad St.
Clinton, SC 29325
Phone: (864) 833-1900
Fax: (864) 833-1902

 

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