[HISTORY: Adopted by the Common Council of the City of Fox
Lake as §§ 5-2-3 to 5-2-11 and 5-3-3 of the 1997 Code.
Amendments noted where applicable.]
No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the Fox Lake Community Fire Association
along the streets or alleys of such City at the time of a fire or
when the Fire Association is using such streets or alleys in response
to a fire alarm or for practice.
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 Fire Association may cause the arrest of any person
failing to give the right-of-way to the Fire Association 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 Fire Association,
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 Fire Association during the progress of a fire
B.
Fire inspection duties.
(1)
The Fire Chief shall be the Fire Inspector of the City of Fox Lake
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 Association
designated by the Fire Chief, shall have the right and authority to
enter any building or upon any premises in the City of Fox Lake at
all reasonable hours for the purpose of making inspections or investigations
which, under the provisions of this Code of Ordinances, 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/her duty to give such directions for the abatement of such
conditions as he/she shall deem necessary.
(3)
The Chief of the Fire Association is required, by himself/herself
or by officers or members of the Fire Association 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 Association and more often as the Chief of the
Fire Association 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 Inspector shall also investigate the
storage and handling of explosives and inflammable liquids within
the City.
A.
Driving over fire hose. No person shall willfully injure in any manner
any hose, hydrant or fire apparatus belonging to the City, and no
vehicle shall be driven over any unprotected hose of the Fire Association
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
Association 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 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.[1]
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.
A.
Open burning prohibited. No person, firm or corporation shall build
any outdoor fire within the corporate limits of the City of Fox Lake
except as set forth below in this section. This prohibition on burning
includes burning of construction waste and debris at construction
sites.
B.
Exceptions.
(1)
Outdoor cooking over a fire contained in a device or structure designed
for such use is permissible.
(2)
Controlled burning of grass or similar vegetation for environmental
management purposes, with the prior written approval of the Fire Chief,
or his/her designee, may be permitted; this exception is not to be
used for the burning of grass, leaves or other lawn debris.
(3)
Ceremonial campfire or bonfires, with prior written approval of the
Fire Chief, may be permitted.
C.
Application for permit.
(1)
Procedure for issuance of burning permit. Before the setting or starting
of any open burning permitted under this section, a permit authorizing
the burn shall be first obtained by the owner, operator, or agent
from the Fire Chief. Application for a burning permit shall be made
in writing upon a form furnished by the Fire Chief. The Fire Chief
may also establish from time to time special rules or restrictions
relating to open burning by permit. Such rules may govern conditions
including, but not necessarily limited to, the following:
(a)
Hours when burning is allowed.
(b)
Day(s) when burning is allowed.
(c)
Material which may or may not be burned.
(d)
Whether open burning is allowed or whether burning is only allowed
with an approved incinerator or burning device.
(e)
The length of time the permit is valid.
(f)
What constitutes an approved burning device or incinerator.
(g)
The size of the material pile burned by open burning.
(h)
The distance or distances to be maintained between the material
being burned and other flammable material.
(i)
Supervision required for burning, including minimum age of supervisors
and type of fire-extinguishing equipment which must be present at
the burn site.
(j)
The manner in which ashes created by the burning under the permit
are to be disposed of.
(2)
Issuance of permit. If the Fire Chief, or other person authorized
or designated by the Fire Chief to issue such permits, finds that
the proposed burning complies with all City ordinances and the regulations
contained in Ch. SPS 314, Wis. Adm. Code, he shall approve the application,
and a burning permit shall subsequently be issued to the applicant.
A copy of any burning permit, and the application therefor, shall
be kept on file with the Fire Chief. No burning permit issued shall
be valid for more than 30 days from the date when issued.
D.
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 effects, and in conformance with local
and state fire protection regulations. 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
25 feet from any structure, wood or lumber pile, wooden fence, trees,
or bushes.
(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 or for burning of
leaves.
A.
Declarations of emergency. When there occurs a lack of precipitation,
there may exist an extreme danger of fire within the City of Fox Lake.
This extreme danger of fire affects the health, safety, and general
welfare of the residents of the City of Fox Lake 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 City during said emergency.
B.
Regulation of fires, burning materials and fireworks. Pursuant to
§ 323.11, 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 City where adequate fire prevention measures have been taken.
C.
Period of emergency.
(1)
The periods of emergency for which this section shall be in effect
shall be during such periods that Dodge County, Wisconsin, is under
Wisconsin Department of Natural Resources emergency fire regulations
banning outdoor smoking and campfires, or when necessary as determined
by the Mayor, upon the recommendation of the Fire Chief.
(2)
Pursuant to § 323.11, Wis. Stats., burning emergencies
shall become effective upon the time and date of the Mayor 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 Common Council.
The following orders, rules, and regulations of the Department
of Agriculture, Trade and Consumer Protection and Department of Safety
and Professional Services, all of which are set forth in the Wisconsin
Administrative Code as from time to time amended and/or renumbered,
are incorporated herein by reference and adopted as part of this chapter:
A.
Chapter
ATCP 93, Flammable, Combustible and Hazardous Liquids.
B.
Chapter
SPS 307, Explosives and Fireworks.
C.
Chapter
SPS 314, Fire Prevention.
D.
Chapter
SPS 316, Electrical.
E.
Chapter
SPS 332, Public Employee Safety and Health.
F.
Chapter
SPS 340, Gas Systems.
G.
Chapter
SPS 343, Anhydrous Ammonia.
H.
Chapters
SPS 361 to SPS 366, Commercial Building Code.
I.
Chapters
SPS 375 to SPS 379, Buildings Constructed Prior to 1914.
