§ 51. Lands, forests and public parks. L. 1916, ch. 451. 18. Establish, maintain, equip and operate forest fire observation stations, telephone lines or other structures therefor as the public interest requires. 19. Make contracts, agreements or purchases either for construction, operation or maintenance of telephone lines for fire protection purposes. Any telephone company may grant the state a preferred rate. 20. With consent of the owner build or improve fire roads, ditches, trails or fire lines. No action for trespass shall lie on account of injury to private property on such account, if the act is performed in the protection of the forests from fire. 21. Appoint necessary employees to perform such duties as are required by this article. 22. May order removed from service, on forty-eight hours' notice, any railroad locomotive, operating in the fire towns, not properly equipped with fire protective devices. 23. May grant an extension of time in which owners may comply with subdivision two of section fifty-four, when the commission is satisfied that such an extension of time will not endanger the forests to fire, but in no case shall an extension be granted for a period of more than six weeks from the time of cutting. 24. May relieve railroads from maintaining railroad fire patrol, or clearing rights of way when in the judgment of the commission the absence of such patrol or clearing will not subject the forests to fire menace. 25. May request the public service commission to hear and determine whether any railroad, person or company operating railroad locomotives through forest land is using such devices and precautions against the setting of forest fires, as the public interest requires. 26. May designate persons who shall have authority to issue permits as required by subdivision five, section fifty-four. 27. May enter into working agreements with land owners for the purpose of securing better forest fire protection in the fire towns. 28. May make rules, regulations and issue permits for the temporary use of the forest preserve. 29. Shall have such other powers and duties as are provided by law. 30. Reimburse employees for actual and necessary expenses incurred while upon official business. (Added by L. 1916, ch. 451, in effect May 9, 1916.) § 51. Personnel and duties.-For the purpose of administration and to carry out the provisions of this article, the following employees are hereby authorized and their duties defined. 1. A superintendent of forests, who shall receive an annual salary of four thousand dollars per annum and who shall, subject to the direction of the commission, administer all of the provisions of this article. 2. An assistant superintendent of forests, who shall receive a salary L. 1916, ch. 451. Lands, forests and public parks. § 51. of two thousand five hundred dollars per annum; and who shall assist the superintendent of forests in the performance of his duties, and, in the absence or inability of the latter, shall have power to act in his place. 3. A chief land surveyor, who shall receive a salary of two thousand four hundred dollars per annum; and who shall, under the direction of the superintendent of forests, have charge of locating and determining the boundaries of state land. Five foresters, who shall perform such duties in reforesting, fire protection, surveys, investigations, preparation of publications and other branches of forestry as may be required. 5. Such assistant foresters as may be required, who shall assist the foresters in their duties, and perform such other duties as may be assigned them. 6. A forest pathologist, who shall examine forest trees with respect to disease, and carry on such studies as may be deemed advisable in connection with diseases attacking or liable to attack forest trees in this state. The forest pathologist shall have pursued a thorough course in forest pathology. 7. Two chief railroad inspectors, who shall inspect railroad locomotives and other engines, railroad rights-of-way, and perform such other duties as may be assigned them. They must be familiar with the construction of locomotives and experienced in their operation. 8. A land clerk at two thousand dollars per annum, who shall be employed in filing and preparing records of state's title to lands and perform such other duties as may be assigned him. 9. An auditor of fire accounts, who shall receive a salary of one thousand eight hundred dollars per annum. He shall audit fire bills and accounts of the forestry bureau, and perform such other duties as may be required. He shall execute and file with the comptroller a bond to the people of the state in the sum of five thousand dollars for the faithful performance of his duties and that he will account for and pay over pursuant to law all moneys received by him. 10. Five district forest rangers, who shall receive a salary of fifteen hundred dollars per annum, and each of whom shall have charge of a certain portion of the fire towns, to be known as a fire district, for the purpose of securing forest fire protection and preventing trespass upon state land. 11. Such forest rangers as may be necessary, to be employed in the fire towns at monthly salaries of not exceeding seventy-five dollars; the salary of such employees shall be fixed and determined by the conservation commission. 12. Such observers as may be required to operate the forest fire observation stations, to be employed at a monthly compensation of not exceeding seventy-five dollars including allowance for expenses. The conservation commission shall fix and determine the compensation of these employees. 13. Necessary fire wardens, who shall, when fires are actually burning, $ 52. Lands, forests and public parks. L. 1916, ch. 451. have power and authority to take steps to extinguish fires. They shall be paid at the rate of twenty-five cents per hour for time actually employed. 14. District forest rangers, forest rangers, observers, fire wardens and game protectors or any other officer charged with the duty of fire fighting may, when necessary, employ men who shall be paid at the rate of fifteen cents per hour and teams to fight forest fires, and also engage other men to be known as foremen for particular fires to direct the work of men engaged in fighting such fires. Such foremen shall be paid at the rate of twenty-five cents per hour for time actually employed. These employees may incur other necessary expenses in connection with extinguishing forest fires. They shall have the power to summon any male person of the age of eighteen years and upwards to assist in fighting such fires, and any person so summoned shall forthwith proceed to help extinguish the fire as directed by the person summoning him. 15. The employees enumerated in subdivisions one, two, four and five of this section shall be trained foresters. The positions enumerated in subdivisions one and two shall in case of vacancy be filled by promotion examination. The employees enumerated in subdivisions one, two, three, four, five, six, seven, and eight of this section shall be under the competitive civil service classification. Those persons employed under subdivisions eleven, twelve and thirteen of this section, who are temporary, occasional or emergency employees, shall not be under competitive civil service classification. 16. The employees enumerated in subdivisions one, two, three, four, seven, ten, eleven and twelve of this section shall have the power to arrest without warrant any person committing a misdemeanor under the provisions of this article, and may take such persons immediately before a magistrate having jurisdiction for trial, and exercise such other powers of peace officers as may be necessary for the enforcement of the provisions of this article. No employees shall compromise or settle any violation of this article without the order of the commission. (Added by L. 1916, ch. 451, in effect May 9, 1916.) § 52. Fire districts.-The following classification of districts is made for the purpose of protecting the forests from fire. 1. Fire towns. The commission, for the prevention of forest fires and the extinguishment of fires burning or threatening forests, shall, in the fire towns, maintain a force of forest rangers, observers and fire wardens. It shall maintain an approved fire protective system, including fire observation, stations and other equipment necessary to prevent and extinguish forest fires. The territory included within the fire towns shall be divided into fire districts, each of which shall be in charge of a district forest ranger. 2. Fire districts. The commission may establish a forest fire protective system in such other parts of the state as it may deem necessary where there are contiguous areas of forest land aggregating seventy-five thou L. 1916, ch. 451. Lands, forests and public parks. § 53. sand acres or upwards. In such regions the commission may establish, equip and operate fire observation stations with the necessary accessories, prepare and post fire notices, organize a fire protective force, and require the town authorities to perform their duties in forest fire protection. If the town supervisor fails to certify to the conservation commission by February fifteenth of any year a list of the fire wardens for such town then the conservation commission may appoint necessary fire wardens. 3. Towns generally. In the towns other than the fire towns the town supervisor shall be superintendent of fires in his town and he shall be charged with the duty of preventing and extinguishing forest fires. He shall have the power and is hereby required to appoint necessary and competent fire wardens. On or before February fifteenth of each year, the town supervisor shall state to the commission, in writing, the names of the persons whom he appoints to act as fire wardens during the current calendar year. (Added by L. 1916, ch. 451, in effect May 9, 1916.) § 53. Fire moneys and accounts.-In order to carry into effect the provisions of this article the following is prescribed. 1. Temporary loan. The state comptroller shall have, subject to the approval of the governor, the authority to make, on behalf of the state, a temporary loan not exceding one hundred thousand dollars in any fiscal year, for the use of the conservation commission in protecting the forests and extinguishing fires as provided by this article upon the certification of the conservation commission that an emergency exists whereby through insufficiency of appropriations it is found to be impossible to protect the forests from fire. The comptroller shall thereupon borrow such sums as may be directed by the governor for such purposes and shall report such transactions to the legislature which shall thereupon appropriate the moneys borrowed. Section thirty-five of the finance law shall not apply to any indebtedness so incurred. 2. Payment of fire bills. All salaries and other expenses incurred by the commission and its employees in protecting the forests in the fire towns from fire shall be paid by the state. 3. Rebate by fire towns. One-half of all expense incurred under subdivision two of this section in extinguishing fires actually burning, except salaries and expenses of regular employees, shall be a charge upon the town in which the fire burned. The commission shall, on or before November twentieth of each year, transmit to the clerk of the board of supervisors of each county containing fire towns a summary statement of expenses incurred together with the amount charged against each town in such county. The said clerk shall immediately deliver such statement to the board of supervisors who shall thereupon levy the said amount due from each town to the state upon the taxable property of such town by including the said amount in the sums to be raised and collected in the next levy and assessment of taxes therein, and the same shall be collected $ 54. Lands, forests and public parks. L. 1916, ch. 451. as other town taxes are collected and the amount due the state shall be paid by the supervisor to the conservation commission on or before May first following the levy thereof. 4. May pay accounts. If any person incurs expenses fighting forest fires in a fire town, the commission may upon the receipt of satisfactory proof and accounts filed in its offices within sixty days from the time the expense was incurred audit and pay all or such portion thereof as in its judgment the public interest requires. 5. Recovery of expenses. Any moneys necessarily expended by the state, a municipality, or any person in fighting forest fires may be sued for by the state, municipality or person expending the same and recovered from the person causing the fire. Such actions may be maintained in addition to other actions for damages or penalties and may be demanded in the same or separate actions. 6. Certain towns raise fire fund. Towns other than fire towns may raise necessary funds for prevention and extinguishment of forest fires in their towns either by levy or by the supervisor making temporary loans. 7. Advance by comptroller. The comptroller may upon request of the conservation commission advance, not to exceed five thousand dollars at any time, to said commission for the purpose of facilitating payment of fire accounts. (Added by L. 1916, ch. 451, in effect May 9, 1916.) § 54. Forest fire prevention.-The following provision protecting forests from fire. shall apply in 1. Proclamation by governor. Whenever, by reason of drought, the forests of the state are in danger of fires which may be caused by hunters, fishermen, trappers, or campers, the governor shall have the power to determine and shall determine and declare that such pursuits are contrary to the public interest, and shall have the further authority to forbid by proclamation any person or persons carrying on such pursuits in so much of the territory included within the fire towns as he deems the public interest requires. Such proclamations shall be in full force and effect at the expiration of twenty-four hours after notice is given in the manner the governor may determine. 2. Top lopping evergreen trees. Every person who shall within any of the fire towns fell or cause to be felled or permit to be felled any evergreen tree for sale or other purposes shall cut off or cause to be cut off from the said tree at the time of felling the said tree, unless otherwise authorized by the commission before the trees are felled, all the limbs thereof up to a point where the trunk of the said tree has a longest diameter which does not exceed three inches, unless the said tree be felled for sale and use with the limbs thereon or for use with the limbs thereon. 3. Fires generally. No fires shall be set on or near forest land and left unquenched; no fire shall be set which will endanger the property of anSo in original. |