Village of Balsam Lake, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Balsam Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-5-1990 as Ch. 4 of the 1990 Code]

§ 18-1 Personnel.

The Police Department of the Village shall consist of the Chief of Police and such other police officers as the Village Board may prescribe from time to time by ordinance or resolution.

§ 18-2 Appointment and removal.

Police officers other than the Chief shall be selected by the Chief, subject to approval of the Village Board. The Chief shall have full authority to demote, suspend temporarily or remove from the force any officer of the Department, subject to the right of such officer to appeal to the Village Board for reinstatement.

§ 18-3 General powers of police officers.

The Chief of Police and all policemen of the Village shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law on Village marshals and constables. Every member of the Police Department shall have full power and authority and it shall be his duty to:
A. 
Arrest with or without process all persons in the Village found engaged in any disturbance of the peace, violating any law or ordinance of the state or Village or aiding or abetting in such violation, take all such persons in charge and confine them and within a reasonable time bring them before the appropriate court to be dealt with according to law.
B. 
Familiarize himself with the ordinances of the Village and attend to the enforcement of such ordinances by all lawful means.
C. 
Help prevent crimes, misdemeanors and violations of Village ordinances and protect the health, safety, public peace and order of the Village and its inhabitants.
D. 
Report all street and sidewalk obstructions, unlighted streetlamps, unlawful street signs or signals and defective or dangerous streets and sidewalks to the Director of Public Works.
E. 
Assist the Fire Department when requested by the Fire Chief.
F. 
See that the necessary permits and licenses issued by the proper authority of the state or Village are in the possession of or properly displayed by any person engaged in an activity or business within the Village for which such permit or license is required and that the terms of such permits or licenses are complied with.

§ 18-4 Chief of Police.

A. 
Appointment. See Chapter 70, Officers and Employees, § 70-2, of this Code.
B. 
Duties. In addition to the duties imposed upon him by § 18-3, the Chief of Police shall keep in his office a record of all arrests made by members of the Department, traffic tickets issued, the dates, hours and places thereof, names of persons arrested, arresting officers, offenses charged, actions taken and results.
C. 
Powers. The Chief shall have command of the police force of the Village and shall have custody, care and control of the property and equipment of the Department.

§ 18-5 Civilians to assist.

It shall be the duty of all persons in the Village, when called upon by any police officer or peace officer, to promptly aid and assist him in the execution of his duties, and whoever shall neglect or refuse to give such aid or assistance shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code.

§ 18-6 Special peace officers.

The Village President and Trustees shall have and exercise the powers of peace officers and may summarily suppress any riotous or disorderly conduct in the streets or public places of the Village.

§ 18-6.1 Paper service.

[Added 1-4-2010 by Ord. No. 2010-01]
The Village of Balsam Lake hereby establishes the charge of $50 per paper service request together with mileage at the rate determined by the IRS.

§ 18-6.2 Criminal history record information searches.

[Added 3-7-2016 by Ord. No. 2016-02]
A. 
State requirements. The Village of Balsam Lake a municipal corporation which provides government services to its citizens and the general public; and in order to efficiently provide services, it is necessary to conduct criminal history record searches concerning certain persons. This section is enacted in order to comply with a State of Wisconsin requirement that provides that a municipality that requests the state provide them with criminal history record information concerning an individual under certain circumstances have an ordinance enacted authorizing such requests.
B. 
Purpose. This section is adopted for the purpose of providing the Village of Balsam Lake Police Department with the authority to request criminal history record information from the State of Wisconsin if requested by the Village Clerk or a Village department head.
C. 
Authority. If requested by the Village Clerk or any Village department head, the Village of Balsam Lake Police Department shall conduct a criminal history records information search concerning the following persons:
(1) 
Alcohol license and permit applicants;
(2) 
Transient merchant license applicants;
(3) 
Applicants for City employment;
(4) 
Firefighter applicants;
(5) 
Rescue squad applicants;
(6) 
Hunting permit applicants;
(7) 
Applicants for all other licenses and permits which may be issued by the Village of Balsam Lake;
(8) 
An officer or partner of any corporate or partnership applicant for licenses or permits;
(9) 
Any other person for whom a department head or Village Clerk requests criminal history information. A request must be based on a reasonable belief that the criminal history information is necessary to assist in the safe and efficient operation of Village government.
D. 
Fees. The cost of the search shall be paid as provided by ordinance or, if not specifically addressed in an ordinance, as directed by the Village Clerk.
[Adopted 11-5-1990 as Ch. 5 of the 1990 Code]

§ 18-7 Organization.

A. 
The Fire Department shall consist of one Chief to be known as "Chief of the Fire Department" and an Assistant Chief to be known as "Assistant Chief of the Fire Department." Active members shall not be fewer than 20.
[Amended 4-3-2006 by Ord. No. 2006-2]
B. 
The Chief of the Fire Department shall be elected by the members of the Fire Department. The Assistant Chief shall be appointed by the Chief. The Chief shall be responsible for the efficiency of the Department.
C. 
The Fire Department shall adopt bylaws for the control, management and government and for the regulation of business and proceedings of the Department, which bylaws shall be adopted by a two-thirds vote of the Department members and approved by the Village Board. Amendments shall be adopted in the same manner.
D. 
The members of the Fire Department shall receive a clothing allowance in an amount determined by the Village Board.
E. 
In case of the absence or disability of the Chief, the Assistant Chief shall have all the powers and be charged with all the responsibilities of the Chief.

§ 18-8 Fire Chief.

A. 
The Chief shall have general supervision of the Fire Department personnel, apparatus and equipment, subject to the ordinances of the Village and the bylaws of the Department. He shall be present at all fires and command all fire-fighting operations. He may demote or expel any officer or member of the Department for neglect or refusal to perform any Departmental duties subject to the right of any member demoted or expelled to appeal to the Village Board. He shall enforce or cause to be enforced all fire prevention ordinances, laws and regulations of the Village and state. He shall also keep an itemized record of all his official transactions and account for any money received or disbursed by him. He shall report to the Board the conditions, needs and defects of the Department and shall make such suggestions as he may deem proper.
B. 
The Fire Chief as Fire Inspector of the Village shall have the power to appoint one or more deputy fire inspectors and shall perform all duties required of fire inspectors by the laws of the state and rules of the Department of Commerce, particularly § 101.14, Wis. Stats.

§ 18-9 Equipment and apparatus.

No apparatus shall be used for any purpose except for fire fighting within the Village limits or in training therefor, except pursuant to an agreement approved by the Village Board after the Chief has given his recommendation on such use. With the approval of the Chief, such apparatus may be used for emergency purposes other than fire fighting within the Village limits. A written report of such uses shall be made semiannually to the Village Board.

§ 18-10 Police power of Department.

A. 
The Chief and his assistants or officers in command are hereby vested with full and complete police authority at fires and may cause the arrest of any person failing to give the right-of-way to the Fire Department responding to a fire call.
B. 
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 spread of fire or protect adjoining property, and during the progress of any fire he shall have the power to order the destruction of any property necessary to prevent the further spread of the fire. He shall also have the power to cause the removal of all wires or other facilities and the turning off of electricity or other services where the same impede the work of the Department during the progress of a fire.
C. 
Any fireman acting under the direction of the Fire Chief or any officer in command may enter upon the premises adjacent to or in the vicinity of any building or other property then on fire for the purpose of extinguishing such fire, and no person shall hinder, resist or obstruct any fireman in the discharge of his duty as provided in this article.
D. 
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 refusing to obey such orders.
E. 
Whenever any rubbish or weeds shall be found upon any street or lot within the Village in such close proximity to any building or structure as to endanger such building or structure thereby, the owner or occupant of such lot shall remove such rubbish or weeds from such lots or adjoining streets whenever required to do so by the Chief of the Fire Department.
[Amended 4-3-2006 by Ord. No. 2006-2]

§ 18-11 Violations and penalties.

Except as otherwise provided, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code.