[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as §§ 5-2-3 to 5-2-11, 5-2-13 and 5-3-3 of the 2004 Code. Amendments noted where applicable.]
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Amery 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 any emergency.
[Amended 5-5-2021 by Ord. No. 08-2021; 10-6-2021 by Ord. No. 13-2021]
A. 
The Fire Chief shall be the Fire Inspector of the City of Amery and shall have the power to appoint one or more Deputy Fire Inspectors and shall perform all duties required of the Fire Inspector by the laws of the state and the rules of the Wisconsin Department of Safety and Professional Services, particularly § 101.14, Wis. Stats.
B. 
While acting as Fire Inspector pursuant to § 101.14(2), Wis. Stats., the Fire Chief, or any officer or member 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 Amery 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 an inspection by the Fire Inspector or their Deputy reveal a fire hazard, the Inspector or their Deputy may serve a notice in writing upon the owner of the property, giving such owner a reasonable time in which to remove the hazard. Failure of the owner to comply with said notice is a violation of this chapter. If the fire hazard is not removed within the time allowed, it shall be deemed a nuisance; the Fire Inspector, or their Deputy may have the same removed by the City, and the cost of such removal shall be recovered by an action by the City against the owner of the property and may also be entered on the tax roll as a special charge against the property. The fees for such actions are detailed in the City of Amery's Schedule of Fees.
C. 
The Chief of the Fire Department is required, by himself/herself or by officers or members of the Fire Department 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 every 12 months in all of the territory served by the Fire Department and oftener as the Chief of the Fire Department orders. Each twelve-month period shall begin on January 1 of each year. Exceptions are adjoining properties in the Downtown District that have no lot lines. They will be conducted every six months. The Chief of the Fire Department may require or conduct more frequent inspections than required under this subsection for other commercial buildings required by statute. Repairs or alterations necessary to remove the hazardous condition shall be made within a reasonable time as designated by the Fire Inspector at the expense of the owner. The Fire Inspector shall also investigate the storage and handling of explosives and flammable liquids within the City.
D. 
Written reports of inspections shall be made and kept on file in the office of the Chief of the Fire Department and the office of the City Administrator in the manner and form required by the Wisconsin Department of Safety and Professional Services.
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 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 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 designee shall have the power to order the removal or destruction of any property necessary to prevent the further spread of fire.
Every person who shall be present at an emergency 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.
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 Amery excepting 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) 
Campfires or bonfires, with prior written approval of the Fire Chief, may be permitted.
(4) 
Recreational burning pits lined with incombustible material, provided they are located at least 25 feet from any structure.
(5) 
Other occasions of desirable outdoor burning not specified by this subsection, but not as an alternative to refuse removal or disposal of which other methods are available, may be granted single occasion approval as in Subsection B(2) and (3) above.
(6) 
Open burning when a permit is issued.
(7) 
Practice fires conducted by the Fire Department.
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; and
(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/she shall approve the application, and a burning permit shall subsequently 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 affects, 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 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 bush(es).
(3) 
Any ashes created by burning such material as is lawful under this section are to be disposed of in a manner authorized by law.
(4) 
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.
(5) 
No materials may be burned upon any street, curb, gutter, or sidewalk.
(6) 
Permits shall not be issued for burning barrels or for burning of leaves.
E. 
Agricultural properties. Agriculturally zoned properties are exempt from the permit requirements of this section, provided owner-produced refuse only is burned and the provisions of Subsection D are complied with.
F. 
Fire response costs. In the event an open burning event results in a response by Fire Department and/or other emergency personnel, the cost of such response may, at the Fire Chief's discretion, be recovered as provided in § 226-10 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Declarations of emergency. When there occurs a lack of precipitation, there may exist an extreme danger of fire within the City of Amery. This extreme danger of fire affects the health, safety, and general welfare of the residents of the City of Amery 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. When a burning state of emergency is declared, it may be ordered that a person may not:
(1) 
Set, build, or maintain any open fire, except:
(a) 
Charcoal grills using charcoal briquets, gas grills, or camp stoves on private property; or
(b) 
Charcoal grills using charcoal briquets, gas grills, or camp stoves in City parks placed at least 20 feet away from any combustible vegetation.
(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 Polk County, Wisconsin, is under Wisconsin Department of Natural Resources emergency fire regulations banning outdoor smoking and campfires, or when necessary as determined by the Fire Chief.
(2) 
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 Fire Chief.
Patio fireplaces are permitted in the City of Amery as long as they are commercially purchased units that enclose the entire fire area within the patio fireplace. Homemade units must meet the approval of the Fire Chief. The chimney area and viewable area of the patio fireplace must be screened with a spark-reduction device at all times the patio fireplace is in operation. The patio fireplace shall only burn a readily combustible fuel source that consists of wood, charcoal, or manufactured fireplace logs. The burning of trash, leaves, woods with a chemical treatment (railroad tie, fence post, power pole, etc.), or other materials that tend to create a noxious or annoying smoke discharge are not allowed. This section does not allow for belowground campfires or other device fires not clearly authorized in this section or § 226-7B(2). Upon the complaint of two or more persons to the Police or Fire Department that the patio fireplace is causing annoyance, the person responsible for the patio fireplace shall immediately discontinue the use of the device.
A. 
State authority. The City of Amery hereby establishes a policy and procedure for the payment of fire costs incurred by the City of Amery, as set forth in this section.
B. 
Liability for fire protection costs. Each owner of real or personal property located within the City of Amery for which the Fire Department responds shall be responsible for the costs thereof, based upon the Fire Protection Costs Fee Schedule adopted by the City Council and incorporated herein by reference.
C. 
Invoice and payment procedure; special charge and lien. Costs of fire charges under this section shall be paid to the City Administrator/Clerk-Treasurer within 60 days of the date of the bill. Invoices which are unpaid 60 days after their dates shall bear interest at the rate of 10% per annum from the invoice date. Invoices which are outstanding for more than 90 days and are unpaid as of November 1 of any year shall become a lien against the real estate for which fire protection was provided, and this amount, including interest, shall be placed on the tax roll as a delinquent special charge against such real estate pursuant to Wisconsin Statutes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The following orders, rules, and regulations of the Department of Safety and Professional Services and Department of Agriculture, Trade and Consumer Protection, 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; Wisconsin Electrical Code.
E. 
Chapters SPS 320 to SPS 325, Uniform Dwelling Code.
F. 
Chapter SPS 328, Smoke Detectors and Carbon Monoxide Detectors.
G. 
Chapter SPS 330, Fire Department Safety and Health Standards.
H. 
Chapter SPS 343, Anhydrous Ammonia.
I. 
Chapters SPS 361 to SPS 366, Commercial Building Code.
J. 
Chapters SPS 375 to SPS 379, Buildings Constructed Prior to 1914.