City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 1-5-1988 by Ord. No. 1203(25) as Chs. 4 and 5 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Residency requirements — See Ch. 71.
Alarm systems — See Ch. 96.

§ 22-1 Organization and compensation.

[Amended 11-18-2003 by Ord. No. 1740(20)]
The Police Department of the City shall consist of the Chief of Police and such Captain(s), Lieutenant(s), Sergeant(s), Detective Sergeant(s), Investigator(s), police officers and a specially appointed Assistant Chief of Police, along with civilian personnel, as may be deemed necessary from time to time. The members of the Police Department shall receive such compensation as shall be determined by the Council, and such compensation shall be in lieu of all special fees, rewards or remunerations arising from such police service, unless the Council provides that a reward for the apprehension of criminals may be retained by the person entitled thereto.

§ 22-2 Chief of Police.

A. 
The Chief of Police shall be appointed by the Police and Fire Commission and shall hold office during good behavior, subject only to suspension or removal by the Police and Fire Commission for cause in accordance with state law and this article.
[Amended 11-18-2003 by Ord. No. 1740(20)]
B. 
The Chief of Police shall be the executive officer of the Department and shall have command and control, under the direction of the Mayor, of all the members of the Department in the lawful execution of duties and shall be subject to written orders as may be issued by the Mayor and the Council. The Chief of Police shall be responsible for the maintaining of order, the enforcement of law, ordinances and regulations of the City and such management and discipline as are necessary to secure complete efficiency in the Department. The Chief of Police shall have charge of the City jail and shall designate certain police officers to be in charge thereof at all times.

§ 22-3 Special appointment of Assistant Chief of Police.

The Chief of Police shall appoint a member of the Burlington Police Department to act as the Chief in his absence from the City or temporary disability. Said member of the Police Department shall be known as the "Assistant Chief of Police." Such appointment shall be confirmed by the Police and Fire Commission and such person so appointed shall, in the absence of the Chief of Police, act as Chief pursuant to all applicable laws, rules and regulations. Such appointment shall not prevent the Police and Fire Commission from replacing the Chief of Police according to law in the event of his disability, illness, or absence from office or for cause. The person appointed to serve due to the absence of the Chief shall not, in any way whatsoever, be considered the Chief of Police for purposes of removal from office.

§ 22-4 Subordinate members.

[Amended 11-18-2003 by Ord. No. 1740(20)]
A. 
Appointment of members, original and promotional, other than the Chief of Police, shall be made by the Chief from an eligible list on file with the City Clerk as submitted by the Police and Fire Commission on determination by examination. The examination given by the Police and Fire Commission shall determine physical and educational qualifications, habits, reputation, experience and general information and suitability of the personality of an applicant. A written report by such physician as the Police and Fire Commission shall designate, stating that a complete and thorough physical examination was made by him within 10 days prior to filing an application, shall disclose that the applicant is free from any deformity or physical defect; is not afflicted with any communicable, parasitic or chronic diseases; shows no evidence of intemperance in the use of alcoholic beverages, drugs or other stimulants; and that the strength, activity and physical capacity indicate that the applicant is sound in all respects and physically qualified for the exacting requirements of police duty. Such examination shall conform to the requirements of § 62.13(4)(d), Wis. Stats.
B. 
Each appointment of an applicant to be a member of the Police Department shall be provisional for 18 months, and during such period each appointee shall temporarily possess all the powers of the position to which appointed, and he shall not be a permanent member of the Police Department until the end of such time and until there has been filed with the City Clerk a written statement by the Police and Fire Commission in the case of the Chief and by the Chief in the case of police officers certifying that such appointee is acceptable to be such permanent member.
C. 
A provisional appointment may be terminated at any time during the 18 months by the filing with the City Clerk of a written notice by the Police and Fire Commission in the case of the Chief and by the Chief in the case of a police officer of such termination.

§ 22-5 Suspensions and removals.

No permanent member of the Police Department shall be suspended or discharged except in accordance with § 62.13(5) and (5m), Wis. Stats., hereby adopted and by reference made a part of this article as if fully set forth herein.

§ 22-6 Shift Commander.

[Amended 11-18-2003 by Ord. No. 1740(20)]
A Shift Commander shall be designated by the Chief from one of the members of the Police Department to be on duty at all times, and the Shift Commander shall keep a record concerning each person placed in the City jail, including name, residence and description, the time and cause of confinement and the authority under which confined, and, when any person is released, the time of and the authority for such release.

§ 22-7 General powers and duties; fees.

[Amended 11-18-2003 by Ord. No. 1740(20); 7-21-2009 by Ord. No. 1884(5)]
A. 
The Chief of Police and each officer shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon law enforcement officers, as that term is defined in § 165.85(2)(c), Wis. Stats., and shall have the powers and duties as set forth in § 62.09(13), Wis. Stats, and other applicable state laws. Police officers shall detect and prevent crime and arrest with or without process and with reasonable diligence take before the proper court every person found in the City violating any state law or City ordinance and may command all persons present in such case to assist them in doing so. Further duties and obligations are set forth in the Burlington Police Department Rules of Conduct as established by the Chief of Police.
B. 
When a member of the Department performs duties for the general public that are not related to criminal justice, including but not limited to fingerprinting for a non-criminal-justice-related background check, the Department may charge a reasonable fee for the service in an amount set by the Common Council.[1]
[1]
Editor's Note: Original §§ 4.08, Bond, and 4.09, Alderman policeman, which immediately followed this section, were deleted 11-18-2003 by Ord. No. 1740(20).

§ 22-8 Dispatchers and Community Service Officers.

[Amended 11-18-2003 by Ord. No. 1740(20)]
A. 
The positions of Dispatcher and Community Service Officer shall be noncommissioned civilian personnel positions under the jurisdiction of the Chief of Police, who shall be responsible for their supervision and direction.
B. 
The duties of Dispatchers shall include receiving inquiries and requests from the public and from police officers; dispatching officers and/or Fire Department personnel as necessary; performing computerized research and record inquiries as required and relaying the information obtained as appropriate; and such other duties as assigned.
C. 
The duties of Community Service Officers shall be to patrol assigned areas during designated periods to check for parking violations in both metered areas and areas governed by other parking restrictions; to issue violation citations or notices on forms prescribed by the Police Department; to answer inquiries and give directions to the public and to be of service within the range of job assignments; to observe, record and report defective or damaged meters; to fill in as crossing guards when required; and such other duties as assigned.
D. 
Dispatchers shall be required to wear a designated uniform, and Community Service Officers shall be required to wear uniforms as prescribed by the Chief of Police and shall be entitled to uniform allowances as may be provided by the Common Council.
E. 
Dispatchers and Community Service Officers shall not be considered police officers and shall not have police power to arrest.

§ 22-9 Recruitment and training.

[Amended 11-18-2003 by Ord. No. 1740(20)]
The City hereby elects to participate in the recruit qualifications and training program of the Wisconsin Law Enforcement Standards Board, as set forth in § 165.85, Wis. Stats.
A. 
Before an individual may commence employment on a probationary or temporary basis as a law enforcement officer, that individual must have met the recruit qualifications set by the Wisconsin Law Enforcement Standards Board, and before an individual may commence employment on a part-time or full-time permanent basis as a law enforcement officer, that individual must have been certified by the Board as having met the recruit qualifications and as having successfully completed the preparatory training course required under the Board's recruit training standards.
B. 
Such recruit training must be successfully completed by the trainee within his probationary period. Under justifiable circumstances, this period may be extended, but the total period during which a person may serve as a law enforcement officer on a probationary or temporary basis without successfully completing a preparatory training course approved by the Wisconsin Law Enforcement Standards Board shall not exceed two years.[1]
[1]
Editor's Note: Original § 4.11(2), Applicable rules to be amended, which immediately followed this subsection, was deleted 11-18-2003 by Ord. No. 1740(20).

§ 22-10 School crossing guards.

[Added 12-1-1992 by Ord. No. 1410(25)]
A. 
Adult school crossing guards shall be appointed by the Chief of Police for the protection of persons who are crossing a highway in the vicinity of a school. The school crossing guards shall wear insignia or uniforms which designate them as school crossing guards and shall be equipped with signals or signs to direct and stop traffic at school crossings.
B. 
The Chief of Police shall appoint such crossing guards to serve at locations designated within the City of Burlington by resolution of the Common Council.

§ 22-10.1 Disposal of abandoned property.

[Added 6-15-2010 by Ord. No. 1899(2)]
A. 
All personal property, whether lost, found stolen, abandoned, confiscated or surplus City property, that is delivered to the possession or control of the Chief of Police and that has remained unclaimed for a period of 30 days from the date it was delivered to the Chief may be disposed of by the Chief, with the City Administrator's approval, in accordance with:
(1) 
Wis. Stats. § 66.0139 (or any successor or amended statute); and/or
(2) 
This present section.
B. 
Disposal may be made through public auction or other sale as set forth in below Subsection C, except that:
(1) 
Any money or negotiable instruments shall be turned over to the City Treasurer.
(2) 
Any property deemed to be of usable value to the City or any of its departments may be assigned for use by that department.
(3) 
The Chief may dispose of any property that has no economic value or that in the discretion of the Chief is not saleable or remains unsold after reasonable efforts to sell such property without sale or other use by the City.
(4) 
With respect to any property that is in the possession or control of the Police Chief, and for which a written report has been filed with the Burlington Police Department indicating that the property is stolen property, an attempt shall be made to locate the lawful owner and return the property to such owner. If the lawful owner cannot be so located, however, then the property may be disposed of in the manner provided for in this section.
(5) 
Property having an evidentiary value shall be kept and retained for so long as the Police Chief may elect.
C. 
In addition to a public auction, the property may be sold by use of an Internet auction website. It shall not be necessary to publish a list of the articles to be sold, but it shall be sufficient to give notice (by posting or publishing a Class 1 notice at least 10 days prior to the sale) that unclaimed property remaining at the police station which has remained unclaimed for 30 days will be sold at auction via the Internet, naming the website and its web address. The City shall also endeavor to include a copy of the notice on its official website, although failure to do so shall not void any sale.
D. 
The inventory of all property disposed of under this section shall be kept as a public record for a period of not less than two years from the date of disposal of the property. If the disposal is in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid to the City Treasurer. If the property is not disposed of by a sale open to the public, the Police Chief shall maintain a record of the date and method of disposal, including the consideration received for the property, if any, if applicable, the name and address of the person taking possession of the property.
E. 
With respect to any property that is of a flammable, explosive or incendiary nature, and poses a danger to life or property in the storage, transportation or use of the same, such property may be immediately disposed of (without a public auction or other sale) in such manner as the Police Chief may elect.
F. 
With respect to property that is a dangerous weapon or ammunition, the Police Chief shall dispose of the same in accordance with the provisions of Wis. Stats. § 968.20 (and/or any successor or amended statute).

§ 22-11 Organization.

[Amended 11-18-2003 by Ord. No. 1740(20)]
The Fire Department of the City shall be known as the "City of Burlington Fire Department" and the duty of fire fighting and fire prevention is delegated to such Department. The internal organization and regulation of the Department shall be governed by the provisions of this article and by such bylaws adopted by two-thirds vote of the members of the Department as are approved by the Council. The bylaws shall be for the control, management, government and regulation of the business and proceedings of the Department, except as is otherwise provided by law. Amendments to bylaws shall be adopted by a two-thirds vote of the members of the Department and shall not become effective and operative until presented to and approved by the Common Council.

§ 22-12 Composition.

[Amended 10-4-1994 by Ord. No. 1483(14); 11-18-2003 by Ord. No. 1740(20)]
The Fire Department shall consist of the Fire Chief, one Secretary and one Treasurer, and such Deputy Chief(s), Assistant Chief(s) and Safety Officer(s) as may be deemed necessary from time to time and shall organize into one hook and ladder company and two fire hose companies. The Deputy Chief(s), Assistant Fire Chief(s) and Safety Officer(s) shall be appointed by the Chief subject to confirmation by the Police and Fire Commission. The Secretary and Treasurer shall be elected by the membership as provided by the bylaws. Each company shall consist at all times of not fewer than 12 and not more than 17 members. Each company shall elect company officers as provided by the bylaws. Except for the full-time fire fighters provided for in § 22-17, the members shall be volunteers.[1]
[1]
Editor's Note: For residency requirements,see Ch. 71.

§ 22-13 Fire Chief.

[Amended 11-18-2003 by Ord. No. 1740(20)]
A. 
The Fire Chief shall be appointed by the Police and Fire Commission and shall hold office during good behavior, subject only to suspension or removal by the Police and Fire Commission for cause in accordance with Wisconsin Statutes and this article. The Fire Chief shall receive such compensation as shall be determined by the Council.
B. 
The Fire Chief shall have general supervision of the Fire Department, shall formulate policy as to the operation of the Fire Department and shall be responsible for the safety of the personnel and general efficiency of the Fire Department, subject to control by the Mayor in cooperation with the Council, the provisions of this article, the Rules and Regulations of the Police and Fire Commission and the bylaws of the Fire Department.
C. 
The Fire Chief shall:
(1) 
File a detailed estimate of appropriations needed for the conduct of the Department during the ensuing fiscal year.
(2) 
Submit an annual report by February 1 containing any information requested by the Common Council and other pertinent information and recommendations he deems proper and necessary for the operation of Department.

§ 22-14 Order of command for fireground operations.

[Amended 10-4-1994 by Ord. No. 1483(14); 11-18-2003 by Ord. No. 1740(20)]
In the absence or disability of the Fire Chief, the Deputy Fire Chief shall perform the duties of the Fire Chief. In the absence or disability of the Fire Chief and Deputy Fire Chief, the Assistant Fire Chiefs shall perform the duties of the Fire Chief. In the absence or disability of the Fire Chief, Deputy Fire Chief and Assistant Fire Chiefs, the Captains or Lieutenants shall perform the duties of Fire Chief.

§ 22-15 Subordinate active membership.

[Amended 10-4-1994 by Ord. No. 1483(14); 11-18-2003 by Ord. No. 1740(20)]
Any person desiring to be a member of the Fire Department may file an application as provided by the Rules and Regulations of the Police and Fire Commission and shall meet qualification, membership, probationary period, certification, and all other requirements specified therein.

§ 22-16 Honorary membership. [1]

An active member in good standing may request honorary membership pursuant to the bylaws. Vacancies in the Department caused by an active member being transferred to honorary membership shall be filled in the same manner as other vacancies.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 22-17 Full-time fire fighters. [1]

A. 
Four full-time employees (three Fire Engineers and one Fire Inspector) shall be appointed as provided by the Rules and Regulations of the Police and Fire Commission and shall receive such compensation as shall be determined by the Common Council.
B. 
The full-time fire fighters shall perform such duties as directed by the Fire Chief.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 22-18 Suspensions and removals.

No permanent member of the Fire Department shall be suspended or discharged for a term exceeding 15 days, except for cause and after hearing upon written charges in accordance with § 62.13(5) and (5m), Wis. Stats., hereby adopted and by reference made a part of this article as if fully set forth herein.

§ 22-19 Fire Inspector; removal of fire hazards.

A. 
Fire Chief to appoint Fire Inspector(s). Pursuant to § 101.14(2), Wis. Stats., the Fire Chief is constituted a Fire Inspector and deputy of the State of Wisconsin Department of Commerce for the purpose of providing fire inspections of every public building and place of employment. The Fire Chief shall appoint as his deputy, and therefore also a deputy of the Department of Commerce, at least one Fire Inspector for the City of Burlington.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Duties and powers of the Fire Inspector(s). The Fire Inspector(s) shall inspect every public building and place of employment within the fire limits as provided by § 101.14(2), Wis. Stats., to determine and cause to be eliminated any fire hazard or any violation of any law relating to fire hazards or the prevention of fires. The Fire Inspector(s) may at all reasonable hours enter into and upon all buildings, premises and public thoroughfares, excepting only the interior of private dwellings, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to the fire hazard or to the prevention of fire, pursuant to § 101.14(1)(b), Wis. Stats. The Fire Inspector(s) may also enter the interior of private dwellings at the request of the owner or renter pursuant to § 101.14(1)(bm), Wis. Stats., and as set forth in Chapter 155, Fire Prevention, of this Municipal Code.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Reports. The Fire Inspector(s) shall keep a record of each property inspected which shall conform to the requirements of the Department of Commerce.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Removal of fire hazards. Whenever or wherever in the City any inspection of the Fire Chief or his deputies reveals a fire hazard, the Chief and the deputies are hereby vested with authority to serve a notice in writing upon the owner of the property giving such owner a reasonable time in which to remove the hazard. Repairs or alterations necessary to remove the hazardous conditions within such reasonable time as stated shall be at the expense of the owner. If the fire hazard is not removed within the time allowed, it shall be deemed a nuisance and the Fire Chief and deputies are authorized to have the same removed by the City at the expense of the owner and the cost of such removal shall be recovered in action by the City against the owner of the property.
E. 
Access to premises. No person shall deny the Chief or the deputies free access to any property within the City at any reasonable time for the purpose of making fire inspection. No person shall hinder or obstruct the Fire Inspector in the performance of his duties or refuse to observe any law or direction given by him.

§ 22-20 Fire limits. [1]

The general fire limits of the City shall be the City limits as shall currently exist and as may be amended in the future. Inspections shall be made of every public building and place of employment within said limits as provided by § 101.14(2), Wis. Stats., and § 22-19 of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 22-21 Interference with fire fighters. [1]

No person shall interfere with or obstruct fire fighters in the performance of their duties.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 22-22 Conduct at fires and fire alarms.

A. 
Police power of Fire Department. The Chief and his assistants or officers in command at any fire are hereby vested with full and complete authority at fires. Any officer of the Department may cause the arrest of any person failing to yield the right-of-way to the Fire Department in responding to a fire alarm. The Fire Chief may prescribe certain limits in the vicinity of any fire within which no person, excepting fire fighters, police officers and those admitted by order of any officer of the Department, shall be permitted to come. The Chief may cause the removal of any property whenever it shall become necessary for the preservation of such property from fire, to prevent the spreading of fire or to protect the adjoining property, and during the progress of any fire he may order the removal or destruction of any property necessary to prevent the further spread of the fire. He may also 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 fighters may enter adjacent property. Any fire fighter, while acting under the direction of the Fire Chief or other officer in command, may enter upon the premises adjacent to or in the vicinity of any building or other property that is on fire for the purpose of extinguishing such fire.
C. 
Duties of bystanders to assist. Every person who shall be present at a fire shall be subject to the order of the Fire Chief or officer in command and may be required to render assistance in fighting the fire or removing or guarding property. Such officer may cause the arrest of any person or persons refusing to obey orders.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Injury to fire apparatus. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the City, and no vehicle or railroad equipment shall be driven over any unprotected hose of a Fire Department when laid down on any street, private driveway, track or other place, to be used for any fire or alarm of fire, without the consent of the Fire Department official in command.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 22-23 Violations and penalties.

Except as otherwise provided, any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Municipal Code.