[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Secs. 5-2-2 to 5-2-9 of the 1993 Code. Amendments noted where applicable.]
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Marion Fire Department along the streets or alleys of such City at the time of a fire or when the Fire Department of the City is using such streets or alleys in response to a fire alarm or for practice.
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 police 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 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 Marion 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 Department of Safety and Professional Services, particularly § 101.14, Wis. Stats.
While acting as Fire Inspector pursuant to § 101.14(2), Wis. Stats., the Fire Chief, or any officer of the Fire Department designated by the Fire Chief, shall have the right and authority to enter any building or upon any premises in the City of Marion at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this Code, he 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 duty to give such directions for the abatement of such conditions as he shall deem necessary.
The Chief of the Fire Department is required, by himself or by officers or members of the Fire Department designated by him 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.
Driving over fire hose. No person shall willfully injure in an manner any hose, hydrant or fire apparatus belonging to the City, 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.
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.
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.
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 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 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 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 and any hydrant to which a fire hose may be, or may be about to be, attached.
[Amended 10-11-2004 by Ord. No. 2004-05]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Any large, open fire kindled and maintained to mark a public, school or religious event, celebration, or similar occurrence which only uses large amounts of dry, untreated and unpainted wood as the burning material and which satisfies the conditions set forth in this section.
- OPEN BURNING
- Burning done outside of a building for recreation, cooking or a bonfire.
- RECREATIONAL FIRE
- Open burning for outdoor recreation and/or cooking purpose in an enclosure designed specifically for ember and flame containment, such as rocked pits, fireplaces, or barbecue grills which use only charcoal, propane, gas or dry, untreated and unpainted wood as the burning material and which satisfy the conditions set forth in this section.
Open burning permits for recreational fires are not required. Permits for bonfires are as described under Subsection F.
[Amended 8-11-2014 by Ord. No. 2014-003]
Materials prohibited from burning.
Except for those areas zoned agricultural, the following substances, or similar materials, may not be burned within the City of Marion: trees, stumps, leaves, grass, vegetation, or weeds.
The following substances or similar materials may not be burned anywhere within the City of Marion: painted wood, pressure-treated lumber, any amount of dry or wet combustible rubbish, garbage, trash or any material made of or coated with rubber, plastic, leather, oil, or petroleum, or any flammable or combustible liquid or materials containing the same, or large amounts of paper products.
Conditions of burning. Except as permitted in this section, all open burning, recreational fires or bonfires shall be subject to the conditions set forth in this subsection, and no person shall kindle or maintain any open burning, recreational fire or bonfire unless such burning complies with each of the following conditions:
[Amended 8-11-2014 by Ord. No. 2014-003]
Except for a permitted bonfire, the size of the pile of material to be burned shall not exceed three feet in any direction measured horizontally and three feet measured vertically.
Except for a permitted bonfire, no burning shall be kindled or maintained such that the flames exceed three feet in height measured vertically from the top of burning pit, container or any similar like object.
Except for a charcoal, gas or propane grill, the pile of material being burned shall be at least 10 feet away from any structure, dwelling, wood or lumber pile, tree, wooden fence, property line or bushes.
Igniting of such fires shall consist of only dry material not prohibited by this section. No open burning shall be ignited with gunpowder, gasoline, oil, or similar flammable or combustible liquids or powder.
Any ashes created by burning such material as is lawful under this section shall be disposed of in a safe manner authorized by law and in a pollution-free manner.
Open burning shall be constantly attended and supervised by a reasonable and competent person at least 16 years of age until such fire is fully extinguished. Provisions shall be taken by this person to have, at all times, easy access to such fire-extinguishing equipment or materials as may be necessary for the total control of the fire while igniting, maintaining or extinguishing such fire.
Open burning shall not take place on or immediately adjacent to any public property, public parking lot, drainage ditch, sidewalk, right-of-way, street, highway or alley or on a public or private blacktopped surface.
Open burning done on the ground shall have a two-foot-wide perimeter of dirt, rock, stone, or cement around where the open burning will take place to prevent the fire from spreading.
No open burning shall be kindled or maintained in outdoor burners, incinerators, or barrels.
No burning shall be kindled or maintained so as to cause a public health hazard or nuisance prohibited by City ordinance.
Except for a charcoal, gas or propane grill, open burning shall be prohibited from 12:00 a.m. (midnight) until 6:00 a.m.
Editor’s Note: Former Subsection E(2), prohibiting open burning on Sundays and legal holidays, which immediately followed this subsection, was repealed 8-11-2014 by Ord. No. 2014-003. This ordinance also renumbered former Subsection E(3) and (4) as Subsection E(2) and (3).
No burning shall be kindled or maintained if the wind velocity is more than nine miles per hour, as indicated by the National Weather Service for the Marion area, or during periods when either the Fire Chief or the Wisconsin Department of Natural Resources has issued a burning ban.
The Fire Chief may, when necessary, declare other special rules or restrictions for a period of time restricting the use of fireworks, items included under § 167.10(1)(e), (f), (i), (k), (L), (m) and (n), Wis. Stats., or any other device that may pose a fire hazard unless done or controlled by the Fire Department.
Application for bonfire permit.
[Amended 8-11-2014 by Ord. No. 2014-003]
Procedure for issuance of a bonfire permit. Applications for a bonfire permit shall be made in writing upon a form designated and furnished by the Fire Chief. The Fire Chief may establish procedures to carry out the provisions of this section. All bonfire permits shall be issued for a one-day period. The Fire Chief may establish on the face of the bonfire permit or by attaching thereto special rules or restrictions. Such special rules or restrictions are binding upon the bonfire permit application being issued, and any violation of the special rules or restrictions shall be punishable as violation of Subsection D.
Issuance of a bonfire permit. If the Fire Chief or his designee authorized by the Common Council to issue such bonfire permits finds that the proposed burning complies with all City ordinances and the regulations of the Department of Natural Resources as forth in the Wisconsin Administrative Code, the Fire Chief shall approve the application and a bonfire permit shall be issued to the applicant. A copy of the bonfire permit shall be kept on file with the City Clerk-Treasurer. If state approval is required, no local bonfire permit shall be issued until state approval is granted.
Notice to permittee. Each bonfire permit issued shall provide notice of materials that may be burned and those which may not be burned and further notice to the permittee of possible civil and criminal penalties for violation of the section and of state regulations.
Enforcement. The Fire Chief and police officers of the City of Marion shall be authorized to enforce the provisions of this section.