TITLE III: ADMINISTRATION / CHAPTER 34: PUBLIC SAFETY AND LAW ENFORCEMENT / FIRE DEPARTMENT
TITLE III: ADMINISTRATION / CHAPTER 34: PUBLIC SAFETY AND LAW ENFORCEMENT /
FIRE DEPARTMENT
AN ORDINANCE OF THE CITY OF WILMOT, SOUTH DAKOTA, AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF WILMOT RELATING TO PUBLIC SAFETY, LAW ENFORCEMENT AND FIRE DEPARTMENT.
BE IT ORDAINED by the City of Wilmot, South Dakota.
That CHAPTER 34: PUBLIC SAFETY AND LAW ENFORCEMENT / FIRE DEPARTMENT of the Code of Ordinances of the City of Wilmot, South Dakota, is hereby amended to read as follows in its entirety:
BE IT ORDAINED and enacted by the Governing Body of the City of Wilmot, State of South Dakota as follows:
§ 34.15 AGREEMENT.
It is hereby agreed between the Wilmot Volunteer Fire Department, hereinafter referred to as “Fire Department,” and the City of Wilmot, hereinafter referred to as “City,” that the Fire Department is a nonprofit organization of the City, organized and governed under the laws of the state, the ordinances of the City, and the bylaws set forth by the Fire Department, for the purpose of establishing and maintaining fire protection for cities and townships contracting with the City for that protection.
§ 34.16 ORGANIZATION.
(A) The Fire Department of the City shall be under the direct supervision and control of the Chief of the Fire Department and shall be organized into such units as are now or may hereafter be determined and shall be governed by such ordinances and bylaws as the Fire Department may consider necessary and proper, subject however to the following: There shall be not less than 20 active members and not more than 30 members. The age for initial compensation entry to the Fire Department shall not be less than 18 years of age. Each member must be a citizen of the country and a resident of the city or the adjacent townships. Each member shall serve without compensation and be designated as a volunteer.
(B) The Fire Department shall attempt to maintain its minimum active membership at all times.
(C) The Fire Department shall annually vote for a Chief and an Assistant Chief, according their bylaws, to be approved by City Council.
(D) The Fire Department shall hold regular meetings the second Wednesday of every month. It is further provided that the Chief or Assistant Chief can call a special meeting giving prior notice of 24 hours.
§ 34.17 DUTIES OF CHIEF.
(A) It shall be the duty of the Chief, or in their absence, the Assistant Chief, to preside at all meetings. They must appoint all committees not ordered by motion, the Chief to be Ex-Officio member of all committees. They shall see that all committees perform their duties, settle all disputes among members, and their decision shall be final until the next regular meeting, when such disputes may be acted upon by the Fire Department.
(B) The Chief shall have direct supervision and control of the fire apparatus and equipment owned and maintained by the City for fire extinguishment, prevention, or for public safety; and they shall have sole and absolute control over all persons and property connected with said Fire Department. The Chief shall also have the duty of inspecting all fire apparatus and ensuring it is in first class condition at all times.
§ 34.18 DESTROYING BUILDING IN CASE OF FIRE.
The Chief of the Fire Department may direct that any building or structure may be pulled, cut down, or removed, or other steps taken as deemed necessary to arrest the progress of any fire.
§ 34.19 RESISTING OFFICER AT FIRE.
It shall be unlawful for any person to hinder or resist any officer or member of the Fire Department or any police officer in the discharge of their duties at any fire, or the conduct themselves in a disorderly or noisy manner at any fire, or without reasonable excuse to refuse to obey any lawful order of the Chief of Police or Chief of the Fire Department in any manner relating to the extinguishment of any fire. Penalty see § 1099
§ 34.20 TAKING APPARATUS WITHOUT LEAVE.
No fire apparatus or equipment shall at any time or upon any pretext be taken, used, or removed without permission of the Chief of the Fire Department.
§ 34.21 INJURY TO APPARATUS.
It shall be unlawful for any person without permission of the Chief of the Fire Department to drive over a fire hose, or to recklessly damage any fire apparatus or equipment belonging to the City. Penalty, see § 10.99
§ 34.22 REMOVAL FROM OFFICE.
Any officer of the Fire Department, whether elected or appointed, may be removed from office by the City Council for gross incompetence or inefficiency in office by the two-thirds vote of the members thereof.
§ 34.23 MEDDLING WITH HYDRANTS.
It shall be unlawful for any person to meddle or interfere in any manner with any fire hydrant except by permission of the Chief of Police, Chief of the Fire Department, or the City Council. Penalty see § 10.99
Zachery Zempel, Mayor
ATTEST:
Diana Halseide,
Finance Officer
Ayes: Butler, Dorosh, Hansen, Samson, Winge
Nays: None
Absent: None
First Reading: July 13, 2026
Approved and Adopted: August 10, 2026
Second Reading: August 10, 2026
Published: August 19, 2026
