[HISTORY: Adopted by the City Council of the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as §§ 5-2-1, 5-2-2, 5-2-4 and 5-2-6 of the 2001 Code. Amendments noted where applicable.]
The City of Weyauwega shall participate in the Weyauwega Area Fire District. The District will provide fire and other emergency services for the City of Weyauwega. At least one member but not more than three members of the City Council shall serve on the Fire District Board. The Weyauwega Fire District shall be responsible for the program of fire defense for the citizens and property within the City of Weyauwega.
The Weyauwega Fire Department is hereby officially recognized as the Fire Department of the City of Weyauwega and the duty of firefighting and the prevention of fires in the City is delegated to such Department. Its organization and internal regulation shall be governed by the provisions of this chapter and by such bylaws adopted by the Department as are approved by the City Council, except as otherwise provided by law and ordinance.
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.
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.
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 City Council shall appropriate funds to provide for personnel, operation and for such apparatus and equipment for the use of the Fire Department as it may deem expedient and necessary to maintain efficiency and properly protect life and property from fire.
Organization. The Fire Department shall be organized and the Chief, subordinates and members thereof shall be chosen and appointed in the manner provided by Department bylaws.
Bylaws. The Fire Department shall have power to adopt a constitution, rules and bylaws for the proper management of its affairs and business and the government and discipline of its members, not inconsistent with law or with this chapter or incompatible with the objects for which said Department is created.
Reports of Chief. The Chief shall regularly report to the Fire District Board from time to time at his/her discretion or upon request by said Fire District Board. The Fire Chief shall meet with the City Council or its representative as necessary to review Fire Department operations.
General supervision. The Chief shall have the general supervision of the Department, which supervision shall be subject to and not conflict with this chapter and the bylaws of the Department. He/she shall be responsible for the personnel and general efficiency of the Department.
Presiding officer. The Chief shall preside at all meetings, call special meetings, preserve order, decide all points of order that may arise and enforce a rigid observance of this chapter and the bylaws.
Command of fire-fighting operations. The Chief or his/her designee shall be present at all fires, and have complete command and entire responsibility of all fire-fighting operations, plan the control of the same, direct the action of the Department when it arrives at the fire, observe that the Department does its duty, grant leaves of absence at a fire when he/she may deem it proper, and see that the fire apparatus is kept in proper condition at all times.
Disciplinary actions. The Chief may demote or expel any officer or member of the Department for neglect or refusal to perform his/her departmental duties or for nonresidence, subject to an appeal from such demotion or expulsion to the Fire District Board.
Department budget. Not later than October 1 of each year, the Chief shall file with the City Council's Fire District Board representative a detailed estimate of the appropriations needed for the conduct of the Department during the ensuing fiscal year.
Enforcement of fire prevention ordinances. The Fire Chief shall interpret all fire prevention ordinances of the City and state laws and regulations pertaining to fire prevention. He/she shall keep citizens informed on fire prevention methods and on the activities of the Department. Enforcement of any fire prevention ordinances shall be the responsibility of the Weyauwega Police Department.
Fire record book. The Fire Chief shall keep a fire record book of every fire to which the Department was called and shall enter in such book the locality of fire, time alarm was received, cause of fire, where fire started, cause of delay (if any) in responding, method of extinguishment and equipment used, time fire was extinguished, names of firefighters responding and general remarks.
Police authority at fires.
The Fire 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.
The Fire Chief may prescribe certain limits in the vicinity of any fire within which no persons, excepting firefighters and law enforcement officers and those admitted by order of any officer of the Department, shall be permitted to come.
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/she 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.
Fire inspection duties.
The Fire Chief shall be the Fire Inspector of the City of Weyauwega and 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 Wisconsin Department of Commerce, particularly § 101.14, Wis. Stats.
While acting as Fire Inspector pursuant to § 101.14(2), Wis. Stats., the Fire Chief, or any individual designated by the Fire Chief, shall have the right and authority to enter any building or upon any premises in the City of Weyauwega at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this Code of Ordinances, he/she 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/her duty to give such directions for the abatement of such conditions as he/she shall deem necessary.
The Chief of the Fire Department is required, by himself/herself or by individuals designated by him/her 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 more often as the Chief of the Fire Department orders. Each six-month period shall begin on January 1 and July 1 of each year. Repairs or alterations necessary to remove the hazardous condition shall be made within a reasonable time at the expense of the owner. The Fire Inspector shall also investigate the storage and handling of explosives and inflammable liquids within the City.
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 Wisconsin Department of Commerce. A copy of such reports shall be filed with the Fire Chief.
Entering adjacent property. It shall be lawful for any firefighter 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 such fire, and in case any person shall hinder, resist or obstruct any firefighter in the discharge of his/her duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting firefighters in the discharge of their duty.
Destruction of property to prevent the spread of fire. During the progress of any fire, the Fire Chief or his/her 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.
[Added 6-17-2002 by Ord. No. 2002-01 (§ 5-2-12 of the 2001 Code)]
Purpose and authority. This section is enacted pursuant to the authority of § 66.0608, Wis. Stats, for the purpose of authorizing volunteer funds to be held in the name of the Fire Department. This section is to be interpreted in conformance with that statute as it may be amended from time to time.
Adoption of authorization. The City of Weyauwega City Council does hereby authorize the Fire Chief to deposit volunteer funds of the Department in an account in the name of the Fire Department in any public depository in which other City funds are being held by the City Administrator or designee.
Control of funds. The Fire Department, through its Fire Chief, is granted exclusive control over the expenditure of volunteer funds of the Department. This authority is granted without limitation as to amount or type of funds. It is subject to the limitations and requirements hereinafter set forth.
Limitations and requirements. The following limitations and requirements shall apply to the handling and disbursement of funds from the account:
Expenditures. Expenditures withdrawn from the account may be made only upon majority vote of Fire Department members present at a duly noticed meeting of the Department. Such withdrawals and expenditures may be made for any purpose that promotes the ability of the Fire Department to provide services for which it is organized.
Accountings. The Fire Chief shall provide the District with an annual statement at the annual Fire District Board meeting held in May of each year. The statement shall include a detailed itemization of all receipts, expenditures, and the balance on hand at the end of the quarter.
Audit. The Weyauwega Area Fire District Board will be responsible to audit the Fire Department accounts as necessary.