[HISTORY: Adopted by the Common Council of the City of Colby 10-5-1995 as Title 5, Ch. 2, §§ 5-2-2
to 5-2-8, of the 1995 Code. Amendments noted where applicable.]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
As used in this chapter, the following terms shall have the
meanings indicated:
The head of the Central Fire and EMS District, of which the
City is a member. Any references in this chapter and in other chapters
of the City Code to the "Fire Chief" shall mean the Chief of the Central
Fire and EMS District.
The Central Fire and EMS District, of which the City is a
member. Any references in this chapter and in other chapters of the
City Code to the "Fire Department" shall mean the Central Fire and
EMS District.
No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the Fire Department along the streets or
alleys of the City of Colby at the time of a fire or when the Fire
Department serving the City 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 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, except firemen and policemen and those
admitted by order of any officer of the Department, shall be permitted
to come.
(3)
The Fire 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 Colby 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 Wisconsin Department of Safety
and Professional Services (SPS), particularly § 101.14,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 City of Colby 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 Fire Chief 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. Pursuant to § SPS 314.01(13),
Wis. Adm. Code, the Central Fire and EMS District and City of Colby
elect that fire safety inspections shall be made at least once per
calendar year, provided the interval between inspections does not
exceed 15 months in all of the territory served by the Fire Department
and more often as the Chief of the Fire Department orders. Where violations
are found, the Central Fire and EMS District will conduct a follow-up
inspection to ensure compliance within two calendar months of the
date of violation. Noncompliance with the fire inspection shall result
in further enforcement actions being taken by the Central Fire and
EMS District and the State of Wisconsin pursuant to Ch. SPS 314, Wis.
Adm. Code. 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 of
Colby.
(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 Wisconsin Department of Safety and Professional Services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Driving over fire hose. No person shall willfully injure in any manner
any hose, hydrant or fire apparatus belonging to the 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
law enforcement 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.
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.
