[HISTORY: Adopted by the Village Board of the Village of
Clyman as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 5, Ch. 2, §§ 5-2-2 through
5-2-12, of the 1998 Village Code of Ordinances]
No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the Clyman Fire Department along the streets
or alleys of such Village at the time of a fire or when the Fire Department
of the Village is using such streets or alleys in response to a fire
alarm or for practice.
A.
Police authority at fires.
(1)
The 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 firemen and policemen 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 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, or his designee, shall be the Fire Inspector of the
Village of Clyman and shall have the power to appoint one or more
Deputy Fire Inspectors and shall perform all duties required of the
Fire Inspectors by the laws of the state and rules of the Department
of Safety and Professional Services, particularly § 101.14,
Wis. Stats.
(2)
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 Village of Clyman 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 and, if such directions be not complied with,
to report such noncompliance to the Village Board for further action.
(3)
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 not less than once in three months in such territory as the Village
Board has designated or thereafter designates as within the Village
or as a congested district subject to conflagration, and oftener as
the Chief of the Fire Department orders. Each six-month period shall
begin on January 1 and July 1, and each three-month period on January
1, April 1, July 1 and October 1 of each year.
(4)
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 Department of Safety and Professional Services. A
copy of such reports shall be filed with the Fire Chief.
A.
Driving over fire hose. No person shall willfully injure in any manner
any hose, hydrant or fire apparatus belonging to the Clyman Fire Department,
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.
B.
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.
C.
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.
A.
Entering adjacent property. It shall be lawful for any fireman 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 fireman in the discharge of his duty as is hereinbefore provided,
the person so offending shall be deemed guilty of resisting firemen
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 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 fire 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 or any hydrant to which a fire hose
may be, or may be about to be, attached.
B.
Exceptions.
(1)
Outdoor burning and cooking as set forth in § 200-11 is permissible;
[Amended 4-30-2002 by Ord. No. 93]
(2)
Controlled burning of grass or similar vegetation for environmental
management purposes, with the prior written approval of the Fire Chief,
may be permitted;
(3)
Ceremonial campfire or bonfires, with prior written approval of the
Fire Chief, may be permitted;
C.
Chief may prohibit. The Fire Chief is permitted to prohibit any or
all bonfires and outdoor rubbish fires when atmospheric conditions
or local circumstances make such fires hazardous, except on written
permit from the Fire Chief, which permit shall designate the time
and place for such burning. Notice of designation of a fire danger
emergency period shall be made by publication of an appropriate order,
once in the official newspaper, to be effective forthwith.
D.
Burning on streets. No materials may be burned upon any street, curb,
gutter or sidewalk.
E.
Liability. Persons utilizing and maintaining outdoor fires shall
be responsible for any liability resulting from damage caused by his/her
fire.
F.
Open burning regulations. The following regulations shall be applicable
when an open burning permit has been issued:
(1)
All open burning conducted pursuant to a permit shall be performed
in a safe, pollution-free manner, when wind and weather conditions
are such as to minimize adverse affects, and in conformance with local
and state fire protection regulation. Open burning permits shall not
be used to covertly burn plastic, construction debris or other prohibited
materials.
(2)
The size of the pile of material to be burned shall not exceed four
feet in any direction measured horizontally, or three feet measured
vertically.
(3)
The pile of material being burned shall be at least 50 feet away
from any structure, wood or lumber pile, wooden fence, trees, or bushes.
Provisions shall be made to prevent the fire from spreading to within
50 feet of such items or the fire shall otherwise be contained in
an approved incinerator or burner device which is located at least
15 feet from any structure, wood or lumber pile, wooden fence, trees,
or bush(es).
(4)
Any ashes created by burning such material as is lawful under this
section are to be disposed of in a manner authorized by law.
(5)
Open burning shall be constantly attended and supervised by a competent
person of at least 16 years of age until such fire is extinguished.
This person shall have readily available for use such fire-extinguishing
equipment as may be necessary for the total control of the fire while
burning and/or extinguishing such fire.
(6)
No materials may be burned upon any street, curb, gutter, or sidewalk.
(7)
Permits shall not be issued for burning barrels.
The Village may bill the owner of real (i.e., real estate) or
personal (i.e., vehicles) property within the Village to which a fire
response is made by the Fire Department for the expense of the Department's
fire response and fire control measures. The Village Board shall adopt
by resolution a fee schedule for types of fire protection services.
Bills shall be payable within 30 days of the statement date; if not
paid within such 30 days, interest will accrue at the rate of 1 1/2%
per month. Bills not paid by November 1 shall be added as a special
charge upon the real estate tax rolls, pursuant to § 66.0703,
Wis. Stats. The Village Board may modify or waive such billing requirements
which are in the public interest due to unique circumstances regarding
the fire or fire call.
A.
Declarations of emergency. When there occurs a lack of precipitation,
there may exist an extreme danger of fire within the Village of Clyman.
This extreme danger of fire affects the health, safety and general
welfare of the residents of the Village of Clyman and constitutes
a state of emergency. It is hereby found that the regulation of fires,
burning materials, and fireworks is necessary and expedient for the
health, safety, welfare and good order of the Village during said
emergency.
B.
Regulation of fires, burning materials and fireworks. Pursuant to
§ 323.14(3)(a) and (4), Wis. Stats., and when a burning
state of emergency is declared, it may be ordered that a person may
not:
(2)
Throw, discard, or drop matches cigarettes, cigars, ashes, charcoal
briquets or other burning materials while outdoors except into a noncombustible
container that does not contain combustible materials.
(3)
Light or ignite a flare, except upon a roadway in an emergency.
(4)
Light, ignite or use anything manufactured, processed, or packaged
solely for the purpose of exploding, emitting sparks or combustion
for amusement purposes, including fireworks, firecrackers, bottle
rockets, caps, toy snakes, sparklers, smoke bombs, or cylindrical
or cone fountains that emit sparks and smoke, except in displays authorized
by the Village where adequate fire prevention measures have been taken.
C.
Period of emergency. Pursuant to § 323.14(3)(a) and (4),
Wis. Stats., burning emergencies shall become effective upon the time
and date of the Village President declaring a state of emergency and
shall remain in effect until the period of emergency ceases to exist
or until the ratification, alteration, modification, or repeal of
the burning state of emergency by the Village Board.
[Amended 4-30-2002 by Ord. No. 93]
A.
Permanent outdoor grilles, braziers, and similar appliances intended
for the preparation of food shall be located and constructed in a
manner approved by the Fire Chief. Portable braziers, grilles and
similar appliances used for the preparation of food may be used in
any location which is not hazardous to life or property. No portable
braziers, grilles or similar appliances shall be permitted on or under
any abovegrade combustible balcony or rescue platform.
B.
Permanent outdoor fireplaces shall be located and constructed in
a manner approved by the Fire Chief and the Chief Building Inspector.
Portable fireplaces intended for the purpose of outdoor recreational
fires shall be approved by the Underwriters Laboratory, Factory Mutual,
or other suitable testing agency authorized by the Chief of the Fire
Department. Portable fireplaces, including chimineas, may only be
used on noncombustible surfaces, such as dirt, grass or concrete.
C.
The use of all outdoor fireplaces shall adhere to the following guidelines:
(1)
Outdoor burning shall be prohibited when local circumstances make
the fires potentially hazardous. Local circumstances include, but
are not limited to, thermal inversions, wind, ozone alerts and very
dry conditions.
(2)
Materials and fuels used in outdoor fireplaces may not include rubbish,
garbage, trash, construction waste, any material made of or coated
with rubber, plastic, leather, hazardous chemical, or petroleum-based
materials, or any material that produces offensive smoke or odors.
[Added 3-24-2008 by Ord. No. 2008-01]
A.
Pursuant to an agreement entered into with the Clyman Fire Department
and the Dodge County Chief's Association, regarding the purchase
of a used foam trailer and foam to be used in the event of a serious
contaminant fire, if said fire would occur to a company or individual
residing in the Village of Clyman, the Village of Clyman will be responsible
to replace said foam as soon as possible. So as to not put a financial
strain on the Village of Clyman and its Fire Department finances by
having to replace said foam, the Village of Clyman shall submit an
invoice to the responsible Village of Clyman business or resident
to cover the cost of the replacement of said foam. In addition, said
invoice shall include a four-percent administration fee.
B.
Penalties. In the event the bill is not paid, then the unpaid bill
or portion of the bill shall be placed on the real estate tax bill
for the nonpaying property owner and collected as a special charge.
Further, if the aforementioned bill is not paid within 30 days, then
interest at the rate of 12% per annum shall be added to the entire
bill.
[Adopted as Title 5, Ch. 3, § 5-3-1, of the 1998
Village Code of Ordinances]
The following orders, rules and regulations of the Department
of Safety and Professional Services, all of which are set forth in
the Wisconsin Administrative Code, as from time to amended, are incorporated
herein by reference and adopted as part of this Fire Prevention Chapter:
A.
Ch. SPS 332, Public Employee Safety and Health.
B.
Ch. SPS 307, Explosives and Fireworks.
C.
Ch. SPS 310, Flammable, Combustible and Hazardous Liquids.
D.
Ch. SPS 340, Gas Systems.
E.
Ch. SPS 314, Fire Prevention.
F.
Ch. SPS 332, Public Employee Safety and Health.
G.
Ch. SPS 343, Anhydrous Ammonia.
H.
Ch. SPS 361, Administration and Enforcement.
I.
Ch. SPS 362, Buildings And Structures.
J.
Ch. SPS 363, Energy Conservation.
K.
Ch. SPS 364, Heating, Ventilating And Air Conditioning.
L.
Ch. SPS 365, Fuel Gas Appliances.
M.
Wisconsin Electrical Code.
