[HISTORY: Adopted by the Village Board of
the Village of Theresa 6-3-1996 as §§ 5-2-2, 5-2-4 to 5-2-9 and 5-3-1 of
the 1996 Code. Amendments noted where applicable.]
The following orders, rules and regulations
of the Department of Commerce, all of which are set forth in the Wisconsin
Administrative Code as from time to amended, are incorporated herein
by reference and adopted as part of this chapter:
A.
Chapter COMM 7, Explosive Materials.
B.
Chapter COMM 10, Flammable and Combustible Liquids.
C.
Chapter COMM 14, Fire Prevention.
D.
Chapter COMM 32, Public Employee Safety and Health.
E.
Chapter COMM 40, Gas Systems.
F.
Chapter COMM 43, Anhydrous Ammonia.
G.
Chapters COMM 61 to 65, Commercial Building Code.
H.
Wisconsin Electrical Code.
No person shall impede the progress of a fire
engine, fire truck or other fire apparatus of the Theresa 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.
Driving over fire hose. No person shall willfully
injure in any manner any hose, hydrant or fire apparatus belonging
to the Theresa Fire Department or any other 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.
[Amended 8-1-2005 by Ord. No. 1-10]
B.
Parking vehicles near hydrants. It shall be unlawful
for any person to park any vehicle or leave any object 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 fireman 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 or investigating extension of such fire,
and in case any person shall hinder, resist or obstruct any fireman
in the discharge of his duty as is hereinbefore provided, the person
so offending shall be deemed guilty of resisting firemen in the discharge
of their duty.
[Amended 8-1-2005 by Ord. No. 1-10]
B.
Destruction of property to prevent the spread of fire.
During the progress of any fire, the Fire Chief or his 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.
[Amended 8-1-2005 by Ord. No. 1-10]
No person, firm or corporation shall build any
outdoor fire within the corporate limits of the Village of Theresa
excepting as set forth in this section. This prohibition on burning
includes burning of construction waste and debris at construction
sites.
A.
Outdoor cooking over a fire contained in a device
or structure designed for such use.
(1)
Material used to make a cooking fire cannot include
construction materials, trash, rubbish, furniture, brush or leaves.
(2)
All cooking devices must be in good working condition
to prevent the possible spread of fire.
(3)
For all multifamily dwellings more than one story
in height, the use and/or storage of any propane or charcoal portable
cooking device or any portable fireplaces is strictly prohibited above
the first floor occupancy.
(4)
For all multifamily dwellings more than one story
in height, the use of any open or closed outdoor cooking device, any
portable fireplace device, or any open flame device is prohibited
within 25 feet of the structure on the ground floor or any combustible
material on the ground floor.
B.
Recreational fires.
(1)
It is the intent of the Village of Theresa that citizens
shall have the opportunity to have recreational fires at single-family
and two-family dwellings provided that such fires are in strict compliance
with restrictions relating to recreational fires. It is further the
intent of the Village of Theresa that the Police Department and Fire
Department shall strictly enforce these restrictions so as to ensure
that such fires do not compromise safety or annoy neighbors.
(2)
A portable fire pit is a structure or device intended
to contain and control outdoor wood-only fires. This shall include
a structure which, although not portable, is designed to contain and
control outdoor wood fires. A permanent fire pit is dug into the ground
surrounded by mesh wire. All permanent or portable burning devices
and receptacles shall be approved by the Fire Chief or his/her designee.
(3)
No recreational fire may be started or allowed to
continue burning unless such recreational fire is contained in a portable
fire pit, such as the Coleman or Weber type portable fire pits which
are available at most hardware stores, or a permanent fire pit.
(4)
Portable fire pits, such as devices commercially designed
and intended to control and contain outdoor wood fires, may be used
in accordance with the manufacturer's specifications and these regulations
and must be based upon a noncombustible surface. All fire pits shall
be a recommended distance of at least 25 feet from any building.
(5)
Burning barrels are prohibited.
(6)
No recreational fire shall be started or allowed to
continue burning when the wind direction or wind speed will cause
smoke, embers, or other burning materials to create a nuisance for
neighboring property owners. The fire shall be completely extinguished
immediately upon the complaint of any smoke nuisance.
(7)
Material for recreational fires or portable fire pits
shall not include building material, rubbish, garbage, recyclable
items, trash, furniture, brush, leaves, grass or any material made
of petroleum base and shall not contain any flammable or combustible
liquids, except for devices which are designed to burn LP gas.
(8)
All recreation fires or portable pits shall be attended
to at all times by at least one responsible person of age 18 or older
from the ignition of the fire until the fire is completely extinguished.
(9)
Covers for portable fire pits must stay on while being
used.
(10)
No wood shall extend outside the portable fire pits.
(11)
No materials may be burned upon any street, curb,
gutter, or sidewalk.
(12)
Any ashes created by burning such material as is lawful
under this section are to be disposed of in a manner authorized by
law.
C.
Fire Chief may regulate and prohibit. The Fire Chief
or his/her designee is permitted to prohibit all outdoor burning when
atmospheric conditions or local circumstances make such fires hazardous.
D.
Burning permits shall not be issued.
E.
Any person who violates this section may be subject
to a forfeiture of at least $20 but no more than $200.
[Amended 9-11-2006
[Added 5-2-2011]
A.
Purpose.
The purpose of this section is to provide for fees to reimburse in
part or in whole the Town of Theresa and/or Village of Theresa for
emergency responses by the Theresa Fire Department responding to traffic
accidents and other incidents that occur on all public or private
roadways.
B.
Reimbursement.
(1)
The
Theresa Fire Department shall charge a fee as prescribed in the current
Theresa Fire Department rate schedule for reimbursement of response
costs for any emergency call on any public or private roadway requiring
the deployment of the Fire Department personnel or equipment. The
fee shall be billed to the nonresident individual to whom the service
was provided. When an emergency response involves a multiple-vehicle
incident, the Fire Department shall bill costs to all nonresident
vehicle owners involved in the incident.
(2)
If
reasonable collection efforts have failed, the Village of Theresa
and/or Town of Theresa may seek reimbursement of the costs from the
Department of Transportation pursuant to Wis. Stats. § 61.65(8).
C.
Maintenance
of funds. All funds collected by the Theresa Fire Department and/or
the municipalities shall be turned over to the Treasurer of the Theresa
Fire Department. It shall be the responsibility of the Theresa Fire
Department Treasurer to deposit and maintain the funds in an account
specifically designated for the purchase of equipment.
