[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.]
[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.
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.
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.
[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.
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.
[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.
[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).
[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.
[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).
[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.
[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:
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).
[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.
[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]
[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.
[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.
[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.
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.
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.
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.
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]
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]
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.
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.
No person shall interfere with or obstruct fire
fighters in the performance of their duties.
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]
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]
