[HISTORY: Adopted by the Village Board of the Village of
Benton as Title 5, Ch. 2, of the Benton Code of Ordinances. Amendments
noted where applicable.]
A.
Fire and emergency medical services association. The Fire Department
and Emergency Medical Services for the Village of Benton shall be
governed by the constitution and bylaws of the Benton Fire Department
and Benton First Responders and the mutual agreement between the Village
of Benton and the Towns of Benton and New Diggings.
B.
Fire protection and emergency medical services contract. Pursuant
to § 66.0301, Wis. Stats., the Village Board authorizes
the Village President and Village Clerk-Treasurer to execute contracts
to procure fire protection and emergency medical services for the
Village. All such contracts shall be presented to and approved by
a majority of the Village Board before execution.
C.
Appropriations. The Village Board shall appropriate funds for Fire
Department operations and for such apparatus and equipment for the
use of the Fire Department as the Board may deem expedient and necessary
to maintain efficiency and properly protect life and property from
fire.
D.
Goals of the fire defense program.
(1)
The primary objective of the fire defense program is to serve all
citizens, without prejudice or favoritism, by safeguarding, collectively
and individually, their lives against the effects of fires and explosions.
(2)
The second objective of the fire defense program is to safeguard
the general economy and welfare of the community by preventing major
conflagrations and the destruction by fire of industries and businesses.
(3)
The third objective of the fire defense program is to protect the
property of all citizens against the effects of fire and explosions.
All property deserves equal protection regardless of location or monetary
value.
No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the Fire Department along the streets or
alleys of such Village at the time of a fire or when the Fire Department
of the Village is using such streets or alleys in response to a fire
alarm or for practice.
A.
Police authority at fires.
(1)
The Chief and assistants or officers in command at any fire are hereby
vested with full and complete police authority at fires. Any officer
of the Department may cause the arrest of any person failing to give
the right-of-way to the Fire Department in responding to a fire.
(2)
The Fire Chief may prescribe certain limits in the vicinity of any
fire within which no persons, excepting firemen and policemen and
those admitted by order of any officer of the Department, shall be
permitted to come.
(3)
The Chief shall have the power to cause the removal of any property
whenever it shall become necessary for the preservation of such property
from fire or to prevent the spreading of fire or to protect the adjoining
property, and during the progress of any fire he shall have the power
to cause the removal of all wires or other facilities and the turning
off of all electricity or other services where the same impedes the
work of the Department during the progress of a fire.
B.
Fire inspection duties.
(1)
The Fire Chief, or his designee, shall be the Fire Inspector of the
Village of Benton and shall have the power to appoint one or more
Deputy Fire Inspectors and shall perform all duties required of the
fire inspectors by the laws of the state and rules of the Department
of Workforce Development, particularly § 101.14, Wis. Stats.
(2)
While acting as Fire Inspector pursuant to § 101.14(2),
Wis. Stats., the Fire Chief, or any officer of the Fire Department
designated by the Fire Chief, shall have the right and authority to
enter any building or upon any premises in the Village of Benton at
all reasonable hours for the purpose of making inspections or investigations
which, under the provisions of this Code, he may deem necessary. Should
the Fire Inspector find that any provisions of this Code relating
to fire hazards and prevention of fires are being violated, or that
a fire hazard exists which should be eliminated, it shall be his or
her duty to give such directions for the abatement of such conditions
as he or she shall deem necessary and, if such directions be not complied
with, to report such noncompliance to the Village Board for further
action.
(3)
The Chief of the Fire Department is required, by himself or herself
or by officers or members of the Fire Department designated by him
or her as Fire Inspectors, to inspect all buildings, premises and
public thoroughfares, except the interiors of private dwellings, for
the purpose of ascertaining and causing to be corrected any conditions
liable to cause fire, or any violations of any law or ordinance relating
to the fire hazard or to the prevention of fires. Such inspection
shall be made at least once in six months in all of the territory
served by the Fire Department, and not less than once in three months
in such territory as the Village Board has designated or thereafter
designates as within the Village or as a congested district subject
to conflagration, and more often as the Chief of the Fire Department
orders. Each six-month period shall begin on January 1 and July 1,
and each three-month period on January 1, April 1, July 1 and October
1 of each year.
(4)
Written reports of inspections shall be made and kept on file in
the office of the Chief of the Fire Department in the manner and form
required by the Department of Workforce Development. A copy of such
reports shall be filed with the Fire Chief.
A.
Driving over fire hose. No person shall willfully injure in any manner
any hose, hydrant or fire apparatus belonging to the Fire Department,
and no vehicle shall be driven over any unprotected hose of the Fire
Department when laid down on any street, private driveway or other
place, to be used at any fire or alarm of fire, without the consent
of the Fire Department official in command.
B.
Parking vehicles near hydrants. It shall be unlawful for any person
to park any vehicle or leave any object which would create an obstruction
or hindrance to accessibility of hydrant within 10 feet of any fire
hydrant at any time.
C.
No parking near fire. It shall be unlawful for any person, in case
of fire, to drive or park any vehicle within one block from the place
of fire without the consent and authority of the Fire Chief or any
police officer.
A.
Entering adjacent property. It shall be lawful for any fire fighter
while acting under the direction of the Fire Chief or any other officer
in command to enter upon the premises adjacent to or in the vicinity
of a building or other property then on fire for the purpose of extinguishing
such fire and in case any person shall hinder, resist or obstruct
any firefighter in the discharge of his or her duty as is hereinbefore
provided, the person so offending shall be deemed guilty of resisting
firefighter in the discharge of their duty.
B.
Destruction of property to prevent the spread of fire. During the
progress of any fire, the Fire Chief or his or her assistant shall
have the power to order the removal or destruction of any property
necessary to prevent the further spread of fire, provided that it
is inevitable that, unless such property is removed, other property
is in danger of being destroyed by fire.
Every person who shall be present at a fire shall be subject
to the orders of the Fire Chief or officer in command and may be required
to render assistance in fighting the fire or in removing or guarding
property. Such officer shall have the power to cause the arrest of
any person or persons refusing to obey said orders.
Whenever there shall be a fire or fire alarm or the Fire Department
shall be out for practice, every person driving or riding in a motorized
or other vehicle shall move and remain to the side of the street until
the fire engine and fire truck and other fire apparatus shall have
passed.
No person shall occupy any portion of such streets or alleys
with a motorized or other vehicle between such fire engine or fire
truck or other fire apparatus or any hydrant to which a fire hose
may be, or may be about to be, attached.
