[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.
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 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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Enforcement of fire prevention ordinances.[2] 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.[3]
H.
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.[4]
A.
Police authority at fires.
(1)
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.
(2)
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.
(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/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.
B.
Fire inspection duties.
(1)
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.[1]
(2)
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.
(3)
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.
A.
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.
B.
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)]
A.
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.
B.
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.
C.
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.
D.
Limitations and requirements. The following limitations
and requirements shall apply to the handling and disbursement of funds
from the account:
(1)
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.
(2)
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.
(3)
Audit. The Weyauwega Area Fire District Board will
be responsible to audit the Fire Department accounts as necessary.
