CHAPTER V. FIRE PROTECTION
Article 1. Fire Department
Article 2. Fire Prevention
Article 3. Fire Insurance
ARTICLE 1. FIRE DEPARTMENT REGULATIONS
5-101 to 5-107 -- Reserved for future use.
5-108. EXCLUSIVE RIGHT-OF-WAY.
All fire apparatus and equipment shall have the exclusive right-of-way
over and through all streets, avenues, alleys and public thoroughfares in the
city while enroute to fires or in response to any alarm or fire, and no person
shall in any manner obstruct or hinder the same in any way.
(Code 1971, 5-108)
DRIVING OVER FIRE HOSE. It
shall be unlawful for any person to drive any wagon, carriage, automobile,
truck, locomotive, railroad car, or any other vehicle over any fire hoses laid
in any street, avenue, alley, sidewalk, private driveway, lot or bridge.
This section shall not apply to any apparatus or vehicle belonging to the
fire department. (Code 1971, 5-109)
OBSTRUCTING FIRE HYDRANT. No
person shall place or cause to be placed upon or about any fire hydrant any
rubbish, building material, fence or other obstruction of any character
whatsoever, in any manner to obstruct, hinder, or delay the fire department in
the performance of its duties in case of fire or practice runs.
Nor shall any person hitch or cause to be hitched to any fire hydrant,
any animal or animals, nor fasten to same any guy rope or brace, nor back or
stand any wagon, truck, automobile or other vehicle within 15 feet of any such
hydrant. (Code 1971, 5-110)
5-111. CHIEF TO DRAFT BYSTANDERS.
The fire chief shall have power and is hereby authorized to call for
assistance from any and all able-bodied male citizens who may be present at the
time of any fire in the operation of the fire apparatus of said city or Stevens
County. All persons who shall refuse
or neglect to follow the directions as given or shall disobey the orders of such
chief, or shall obstruct or hinder any person in his efforts while working under
the instruction of the chief, shall, upon conviction thereof, be guilty of a
misdemeanor. (Code 1971, 5-111)
FALSE ALARM OF FIRE. It shall
be unlawful for any person or persons to make or sound or cause to be made or
sounded, or by any other means, any false alarm of fire without reasonable
cause. (Code 1971, 5-112)
USE OF EQUIPMENT. No person
or persons shall use any fire apparatus or equipment for any private purpose,
nor shall any person willfully and without proper authority remove, take away,
keep or conceal any tool, appliance, or other article used in any way by the
fire department. (Code 1971, 5-113)
5-114. FOLLOWING FIRE EQUIPMENT.
It shall be unlawful for the driver of any vehicle, other than one on
official business at the fire, to follow closer than 500 feet any fire apparatus
or equipment traveling in response to a fire alarm, or to drive into or to park
any vehicle within the block or blocks where fire apparatus or equipment is
stopped in answer to a fire alarm. (Code
5-115. FIRE HYDRANTS; OPENING.
It shall be unlawful for any person, except the fire department and the
water department for the purpose of repairing hydrants, to open or have in their
possession for the purpose of opening or closing a fire hydrant, any fire
hydrant key, wrench or connection to use on hydrants.
5-116. SAME; DAMAGE TO. (a)
It shall be unlawful for any person to maliciously tamper with, damage or
otherwise impair a fire hydrant.
(b) Any person who
accidentally shall damage or impair a fire hydrant shall immediately notify the
fire department, giving their name and address and the exact location of the
fire hydrant impaired. (Code 1983)
ARTICLE 2. FIRE PREVENTION
FIRE PREVENTION CODE; INCORPORATED BY REFERENCE.
There is hereby incorporated by reference for the purpose of prescribing
rules and regulations governing conditions hazardous to life and property from
fire or explosion, that certain code known as the Fire Prevention Code, 1976
edition, as supplemented by the November, 1982 amendments, recommended by the
American Insurance Association, 85 John Street, New York, New York 10038, being
particularly the 1976 Edition thereof. There
shall be no fewer than three copies of the standard code incorporated by
reference in this article kept on file in the office of the city clerk and kept
available for inspection by the public at all reasonable business hours.
The filed copies of the standard code shall be marked or stamped
"Official Copy, As Incorporated by the Code of the City of Hugoton."
All sections or portions of the filed copies of the standard code shall
be clearly marked to show deletions from the standard code.
(K.S.A. 12-3009:3015; Code 1971, 5-201; Code 1986)
5-202. ARTICLE 8.8 AMENDED. Article
8.8 is hereby amended by deleting said original section and substituting the
8.8 Anhydrous Ammonia.
(a) The regulations adopted
by the board of agriculture of the State of Kansas as published in Kansas
Administrative Regulations 4-10-1 through 4-10-9, inclusive, and amendments
thereto, are hereby incorporated by reference except as such are amended by the
(b) No liquid fertilizer
(anhydrous ammonia) shall be stored within the fire limits of the city.
(c) The owner, lessee or
operator of every stationary container or tank of liquid fertilizer shall be
present in person or have an attendant employed by him present at all times when
such container is being filled or loaded with liquid fertilizer.
(d) For the purpose of
administering this article, any person designated by the governing body shall
have the right to enter at any reasonable time upon private property where
anhydrous ammonia is stored or handled within the city for the purpose of
inspecting such facilities and equipment. (Code
5-203. SECTION 13.1(b) DELETED.
Section 13.1(b) is hereby deleted in its entirety.
5-204. ARTICLE 13 AMENDED. Article
13 is hereby amended by adding the following sections:
13.7. Sales of Fireworks.
It shall be unlawful, except on the first, second, third, or fourth days
of July of any year, for any person to sell, deliver, or give away any
fireworks, as defined in Article 13 of the Fire Prevention Code incorporated by
13.8 Discharge of
Fireworks, Unlawful When. (a)
It shall be unlawful for any person to discharge or cause to be
discharged, any fireworks at any time within:
(1) The fire limits of the
(2) Six hundred feet of any
(3) The city park located
between Third and Fourth Streets, and Main and Monroe Streets within the city;
(4) The city block bounded by
Second and Third Streets and Madison and Monroe Streets.
(b) It shall be unlawful for
any person or persons to discharge or cause to be discharged any fireworks on
any of the streets, alleys, lots or tracts of land within any section of the
city not specifically enumerated in subsection (a) on any day except the third
and fourth days of July of any year. (Code
5-205. ARTICLE 16 AMENDED. Article
16 is hereby amended by adding the following section:
16.13.1 Application for
All permits required by this article shall be issued by the city clerk by
order of the governing body upon the basis of an application showing location of
the facility, the plan of construction and the purposes for which the same will
(b) Upon completion of the
work and before the facility is used, the same shall be inspected by the fire
chief who shall, if he or she approves the same, issue his or her certificate of
approval and file and preserve a copy of the same with his or her records.
(c) No facility shall be
approved until any defect therein found not to be in compliance shall have been
corrected within a reasonable time. (Code
5-206. SECTION 16.61 AMENDED.
Section 16.61 is hereby amended to read as follows:
16.61. Location of Plants.
(a) Hereafter no new bulk
plants shall be constructed or located within the limits of the city except the
same be located on blocks 9, 10, 11 or 30 of the original town plat.
(b) No permit shall be issued
except on a finding and recommendation of the fire chief that the proposed plant
conforms to the regulations of the state fire marshal governing the construction
of bulk plants and the storage of flammable liquids.
5-207. SECTION 28.1 AMENDED.
Section 28.1 is hereby amended to read as follows:
28.1. Bonfires and Outdoor
Rubbish Fires. (a)
It shall be unlawful for any person to burn, or cause to be burned, any
trash, leaves, lumber, straw, paper, boxes, grass or other combustible materials
anywhere within the corporate limits of the city except in an incinerator or
refuse burner on private property which is constructed as provided in section
5-208. (Ord. 404, Sec. 1)
ARTICLE 28 AMENDED. Article
28 is hereby amended by adding the following sections:
An incinerator or refuse burner shall be constructed of iron, steel,
concrete, stone or block. The
receptacle shall be enclosed in such a manner as to prevent the escape of sparks
and burning materials. The opening
at the top of the burner or incinerator shall be covered and protected in a
secure manner by steel mesh, bars or plats with openings no larger than
three-quarters of an inch in diameter. If
such refuse burner or incinerator is constructed of iron or steel, it shall not
be thinner than 16 B.S. Gauge. (Ord.
404: Sec. 2)
All refuse burners or incinerators constructed as provided in Section
28.1.1 shall be subject to inspection and approval by the city building
inspector. He or she is authorized,
on behalf of the city, to condemn and cause the removal or replacement of such
burner or incinerator not constructed or maintained in conformity with the
provisions of this code. (Ord. 404;
Prohibitions. There shall be no
burning of refuse in any receptacle intended for accumulation of refuse to be
collected and removed by the city. No
incinerator or refuse burner shall be located on any of the streets or alleys of
the city. All such incinerators or
refuse burners shall be set apart sufficiently from any container or receptacle
intended for the accumulation of refuse to be collected and removed by the city
so that there will be no confusion as to the use for which the receptacle is
intended. (Ord. 404; Sec. 4)
5-209. OPEN BURNING. Notwithstanding
the restrictions of section 5-207 above:
(a) There shall be two
respective periods, each of one month duration, the months being April and
October of each year, during which time such yard, field, and garden wastes as
grass clippings, leaves, tree trimmings, weeds and wheat, corn, milo and forage
stubble may be openly burned. Materials
which may be openly burned must derive their origin from yard, field, or garden.
The burning of heavy smoke-producing materials such as heavy oils, tires,
tar paper, etc., is expressly prohibited. All
material to be burned should be stockpiled and dried to the extent possible
before it is burned. It is also
required to be kept free of excess dirt, or other extraneous material that will
inhibit good combustion. Such
burning must take place at least 60 feet from any building, under close
supervision, and between the hours of 7:00 a.m. and 6:00 p.m.
Supervision at the fire shall be continuous and last until the fire is
completely extinguished. The person
supervising the fire shall at all times have at his or her ready disposal the
means sufficient to quickly and completely extinguish the fire.
The chief of the Hugoton Fire Department shall have the authority to
prohibit the burnings authorized by this section for a portion or for all of
October and/or April if he or she determines that due to drought or other
conditions such a practice would be extremely hazardous.
If the chief of the fire department makes such a determination, proper
public notice shall be given.
(b) At times during the year
other than during the months of April and October, the burning of material
described in subsection (a) is permissible upon the issuance of a permit by the
governing body for such open burning, which permit will be issued only upon a
finding by the governing body that such shall be in the best interest of the
public health and welfare, and that such open burning will be carried out in
accordance with the same guidelines set out in subsection (a).
ARTICLE 3. FIRE INSURANCE PROCEEDS FUND
SCOPE AND APPLICATION. The
city is hereby authorized to utilize the procedures established by K.S.A.
40-3901 et. seq., whereby no insurance company shall pay a claim of a named
insured for loss or damage to any building or other structure located within the
city, arising out of any fire or explosion, where the amount recoverable for the
loss or damage to the building or other structure under all policies is in
excess of 75 percent of the face value of the policy covering such building or
other insured structure, unless there is compliance with the procedures set out
in this article. (Code 1987)
5-302. LIEN CREATED. The
governing body of the city hereby creates a lien in favor of the city on the
proceeds of any insurance policy based upon a covered claim payment made for
damage or loss to a building or other structure located within the city, caused
by or arising out of any fire explosion, where the amount recoverable for all
the loss or damage to the building or other structure under all policies is in
excess of 75 percent of the face value of the policy(s) covering such building
or other insured structure. The lien
arises upon any unpaid tax, special ad valorem levy, or any other charge imposed
upon real property by or on behalf of the city which is an encumbrance on real
property, whether or not evidenced by written instrument, or such tax, levy,
assessment, expense or other charge that has remained undischarged for at least
one year prior to the filing of a proof of loss.
5-303. SAME; ENCUMBRANCES. Prior
to final settlement on any claim covered by section 5-302, the insurer or
insurers shall contact the county treasurer, Stevens County, Kansas, to
determine whether any such encumbrances are presently in existence.
If the same are found to exist, the insurer or insurers shall execute and
transmit in an amount equal to that owing under the encumbrances a draft payable
to the county treasurer, Stevens County, Kansas.
SAME; PRO RATA BASIS. Such
transfer of proceeds shall be on a pro rata basis by all insurance companies
insuring the building or other structure. (Code
5-305. PROCEDURE. (a)
When final settlement on a covered claim has been agreed to or arrived at
between the named insured or insureds and the company or companies, and the
final settlement exceeds 75 percent of the face value of the policy covering any
building or other insured structure, and when all amounts due the holder of a
first real estate mortgage against the building or other structure, pursuant to
the terms of the policy and endorsements thereto, shall have been paid, the
insurance company or companies shall execute a draft payable to the city
treasurer in an amount equal to the sum of $5,000 or 10 percent of the covered
claim payment, whichever is less, unless the chief building inspector of the
city has issued a certificate to the insurance company or companies that the
insured has removed the damaged building or other structure, as well as all
associated debris, or repaired, rebuilt, or otherwise made the premises safe and
(b) Such transfer of funds
shall be on a pro rata basis by all companies insuring the building or other
structure. Policy proceeds remaining
after the transfer to the city shall be disbursed in accordance with the policy
(c) Upon the transfer of the
funds as required by subsection (a) of this section, the insurance company shall
provide the city with the name and address of the named insured or insureds, the
total insurance coverage applicable to said building or other structure, and the
amount of final settlement agreed to or arrived at between the insurance company
or companies and the insured or insureds, whereupon the chief building inspector
shall contact the named insured or insureds by registered mail, notifying them
that said insurance proceeds have been received by the city and apprise them of
the procedures to be followed under this article.
5-306. FUND, CREATED; DEPOSIT OF MONEYS.
The city treasurer is hereby authorized and shall create a fund to be
known as the "Fire Insurance Proceeds Fund."
All moneys received by the city treasurer as provided for by this article
shall be placed in said fund and deposited in an interest-bearing account.
5-307. BUILDING INSPECTOR; INVESTIGATION, REMOVAL OF STRUCTURE.
(a) Upon receipt of moneys as
provided for by this article, the city treasurer shall immediately notify the
chief building inspector of said receipt, and transmit all documentation
received from the insurance company or companies to the chief building
(b) Within 20 days of the
receipt of said moneys, the chief building inspector shall determine, after
prior investigation, whether the city shall instigate proceedings under the
provisions of K.S.A. 12-1750 et. seq., as amended.
(c) Prior to the expiration
of the 20 days established by subsection (b) of this section, the chief building
inspector shall notify the city treasurer whether he or she intends to initiate
proceedings under K.S.A. 12-1750 et. seq., as amended.
(d) If the chief building
inspector has determined that proceedings under K.S.A. 12-1750 et. seq.,
as amended shall be initiated, he or she will do so immediately but no later
than 30 days after receipt of the moneys by the city treasurer.
(e) Upon notification to the
city treasurer by the chief building inspector that no proceedings shall be
initiated under K.S.A. 12-1750 et. seq., as amended, the city treasurer shall
return all such moneys received, plus accrued interest, to the insured or
insureds as identified in the communication from the insurance company or
companies. Such return shall be
accomplished within 30 days of the receipt of the moneys from the insurance
company or companies. (Code 1987)
5-308. REMOVAL OF STRUCTURE; EXCESS MONEYS.
If the chief building inspector has proceeded under the provisions of
K.S.A. 12-1750 et. seq., as amended, all moneys in excess of that which is
ultimately necessary to comply with the provisions for the removal of the
building or structure, less salvage value, if any, shall be paid to the insured.
SAME; DISPOSITION OF FUNDS. If
the chief building inspector, with regard to a building or other structure
damaged by fire or explosion, determines that it is necessary to act under K.S.A.
12-1756, any proceeds received by the city treasurer under the authority of
section 5-305(a) relating to that building or other structure shall be used to
reimburse the city for any expenses incurred by the city in proceeding under
K.S.A. 12-1756. Upon reimbursement
from the insurance proceeds, the chief building inspector shall immediately
effect the release of the lien resulting therefrom.
Should the expenses incurred by the city exceed the insurance proceeds
paid over to the city treasurer under section 5-305(a), the chief building
inspector shall publish a new lien as authorized by K.S.A. 12-1756, in an amount
equal to such excess expenses incurred. (Code
EFFECT UPON INSURANCE POLICIES. This
article shall not make the city a party to any insurance contract, nor is the
insurer liable to any party for any amount in excess of the proceeds otherwise
payable under its insurance policy. (Code
5-311. INSURERS; LIABILITY. Insurers
complying with this article or attempting in good faith to comply with this
article shall be immune from civil and criminal liability and such action shall
not be deemed in violation of K.S.A. 40-2404 and any amendments thereto,
including withholding payment of any insurance proceeds pursuant to this
article, or releasing
disclosing any information pursuant to this article.
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