[HISTORY: Adopted by the Village Board of the Village of Theresa
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-3-1996 as Title 5, Ch. 1 of the 1996
Code]
The Village of Theresa Police Department shall consist of a Chief of
Police and such other officers, assistants and patrolmen as from time to time
may be appointed by the Village Board pursuant to the provisions of the Wisconsin
Statutes.
A.
Monthly reports. The Chief of Police shall attend the
monthly meeting of the Village of Theresa, giving a general report to the
Village Board of all activities of the Department during the preceding month,
and stay for general questions for a minimum of 30 minutes unless excused
earlier. An emergency will always supersede the above.
B.
Police records. There shall be kept by the Department
a suitable record in which shall be entered the name of every person arrested
in the Village, the name of the person making the arrest, the date and cause
of the arrest, the court from which the warrant was issued, the disposition
made of the case, the amount of the fine and costs paid and to whom paid,
bond posted, and all complaints in full.
Every member of the Police Department shall:
A.
Familiarize himself with the ordinances of the Village
and the statutes and attend to the enforcement of such ordinances by all lawful
means.
B.
Help prevent crimes, misdemeanors and violations of Village
ordinances and protect the health, safety, public peace and order of the Village
and its inhabitants.
C.
Report all street and sidewalk obstructions, unlighted
streetlamps, unlawful street signs or signals, and defective or dangerous
streets and sidewalks to the appropriate person or organization responsible
for their repair or service.
D.
Maintain order at the scene of a fire or any other fire
response within the Village.
E.
See that the necessary permits and licenses issued by
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.
F.
Perform such other lawful duties as ordered by the Chief
of Police or his authorized representative.
A.
Duties. In addition to the duties imposed upon him elsewhere
in this Code, the Chief of Police shall:
(1)
Have command of the Police Department on administrative
matters, subject to the direction of the Village Board.
(2)
Cause to be maintained accurate records of complaints,
crimes, traffic accidents, ordinance violations, arrests, summons, incidents,
and calls for police service and shall provide a system of periodic summary
and analysis to ensure the most efficient and effective deployment and use
of the Department's resources. He shall submit or cause to be submitted to
the various agencies such reports and summaries as are required by state statutes
or ordinances and shall participate in voluntary programs designed to improve
law enforcement and public safety.
(3)
Submit such reports and comply with such administrative
procedures as may be prescribed by the Village Board relative to fiscal and
administrative matters.
(4)
Submit such reports and/or information and comply with
such policies as may be prescribed by Village Board.
(5)
Have control of the assignment, hours of duty, and transfer
of all members of the Department.
(6)
Plan, organize, staff, direct, and control all of the
human and material resources of the Department for the most effective and
efficient discharge of its duty to protect persons and property, preserve
the peace, protect the rights of citizens and enforce the Wisconsin Statutes
and the ordinances of the Village as are within its jurisdiction. He shall
supervise the preparation and presentation of annual reports and budgets for
the Police Department. He shall be required to certify to the correctness
of all bills incurred by the Department.
(7)
Strive to maintain suitable, productive relationships
with other Village departments and with other governmental agencies and private
organizations concerned with law enforcement, crime prevention, administration
of justice and public safety. He shall cooperate and exchange information
with other Village departments in matters relating to their various functions.
(8)
Plan and execute programs designed to prevent and repress
crime, apprehend and prosecute offenders, recover property, and regulate noncriminal
conduct, giving highest priority in the allocation of resources to crime and
other offenses most hazardous to life and property.
B.
Custody of Department equipment. The Chief of Police
shall be the custodian of all Village property, equipment and supplies under
the control of, or used by, the Police Department and shall be responsible
for the care, maintenance, safeguarding and accurate records of such property,
equipment, and supplies.
C.
Custody of Department property. The Chief of Police shall
be the custodian of all property and shall be responsible for the safekeeping,
lawful disposition and accurate record of the same. He shall see that all
property is returned to its lawful owner or otherwise disposed of according
to the applicable statutes.
The Chief of Police shall establish and promulgate rules of conduct,
directives and policies and procedures and prescribe such duties for individual
members as he may deem necessary for the effective and efficient command and
operation of the Department, provided that no such rules of conduct, directive
or policy procedure duties or assignment shall be in conflict with the statutes,
ordinances and approved Village personnel rules and regulations.
The Chief of Police shall cause to be maintained adequate personnel
records of employment, assignment, promotions, attendance, performance and
training for all members of the Department. He shall also comply with all
provisions of the Law Enforcement Standards Board in regard to background
investigations. He shall keep himself adequately informed of the activities
of the Department and be assured that the duties of his subordinates are properly
discharged. He shall formulate procedures for recognizing outstanding performance
by Department members, for investigating complaints of misconduct by any Department
member and for taking appropriate disciplinary action subject to the provisions
of the applicable statutes, rules of the Department and the jurisdiction of
the Village Board.
The Chief of Police is responsible for the training of all members of
the Department. He shall cause adequate and progressive programs of training
to be organized and conducted to prepare Department members in the knowledge,
procedures, and techniques of their duties and responsibilities. He will ensure
that, within budgetary limitations, members of the Department attend training
courses, seminars, and conferences necessary to maintain and improve their
job skills and professional knowledge. He shall encourage Department members
to further their education in law enforcement through study, special courses,
college attendance, extension programs, and independent readings.
All persons in the Village, when called upon by any police officer or peace officer, shall promptly aid and assist him in the execution of his duties and whoever shall neglect or refuse to give such aid or assistance may be subject to the general penalty as provided in Chapter 1, § 1-5 of this Code.
A.
Pursuant to § 62.13(6m), Wis. Stats., the Village
may not suspend, reduce, suspend and reduce or remove any police chief or
other law enforcement officer who is not probationary unless the Village follows
the procedure under § 62.13(5), Wis. Stats. To act under this subsection
in place of the Board of Police and Fire Commissioners under § 62.13(1)
through (6), Wis. Stats., the Village may do either of the following:
(1)
Establish a committee of not fewer than three members,
none of whom may be an elected or appointed official of the Village or be
employed by the Village. The Village shall pay each member for the member's
cost of serving on the committee.
(2)
Send a written request for a hearing examiner to the
Division of Hearings and Appeals under § 15.103(1), Wis. Stats.
The Village shall reimburse the state for the state's costs under this subsection.
B.
The provisions of this section, required by § 61.65(1)(am),
Wis. Stats., first apply to law enforcement officers when such officers are
subject to a collective bargaining agreement which is in conflict with the
statutory requirements but which is still in effect on April 9, 1986, only
after the expiration date of such agreement.
[Adopted 6-3-1996 as §§ 5-2-1 and
5-2-3 of the 1996 Code]
The Theresa Fire Department is officially recognized as the Fire Department
serving the Village of Theresa, and the duties of fire fighting and fire prevention
in the Village are delegated to such Department. The Theresa Fire Department
shall be responsible for the program of fire defense for the citizens and
property within the Village of Theresa.
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.
A.
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.
B.
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.
C.
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.
The Theresa Fire Department shall be organized and governed pursuant
to its bylaws.
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 Theresa and shall have the power to appoint one or more
Deputy Fire Inspectors and shall perform all duties required of the Fire Inspector
by the laws of the state and rules of the Department of Commerce, 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 Theresa 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 duty to give such directions for the abatement of such conditions
as he shall deem necessary and, if such directions are 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 by officers or members of the Fire Department designated by him 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 inspections 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 hereafter 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 Commerce. A copy of such reports shall
be filed with the Fire Chief.
