[HISTORY: Adopted by the Village Board of the Village of
Bear Creek as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-14-2022 by Ord. No. 3142022]
A.
Recognition. The Bear Creek Fire Department is hereby officially
recognized, and the duty of conducting the Fire Department is hereby
delegated to such organization, and its organization and internal
regulations shall be governed by the constitution and bylaws of that
organization insofar as they do not conflict with the provisions of
this article.
B.
Bylaws. The Bear Creek Fire Department is hereby authorized and directed
to adopt bylaws for the control, management and government and for
the regulation of business and proceedings of the Department, which
bylaws, after adoption by a 2/3 vote of the members of the Department,
shall not become effective and operative until presented to and approved
by the Village Board. Amendments shall be adopted in the same manner.
C.
Budget. The Village Board shall appropriate funds to provide for
operation and for such apparatus and equipment for the use of the
Fire Department as it may deem expedient and necessary to maintain
efficiency and properly protect life and property from fire.
D.
Compensation. The officers and members of the Fire Department shall
receive such compensation from the Village Board as may from time
to time be fixed by the Village Board.
E.
Budget. Not later than October 1 of each year, the Chief shall file
with the Village Clerk-Treasurer a detailed estimate of the appropriations
needed for the conduct of the Department during the ensuing fiscal
year.
A.
Composition. The Fire Department shall consist of the following officers:
one Chief, a First and Second Assistant Chief, a Captain and two Lieutenants
and a Secretary-Treasurer. At no time shall the Department consist
of fewer than 20 active members.
B.
Appointments and vacancies.
(1)
A vacancy in the office of the Chief shall be filled by appointment
by a majority vote of the Village Board. Upon creation of a vacancy
in the office of Chief, the ranking officer shall perform the duties
of the Chief until such vacancy has been filled.
(2)
The Chief shall immediately assume office and shall hold office until
removed for cause after a hearing by action of 3/4 of the members
of the Village Board unless his services are sooner terminated by
resignation.
C.
Membership.
(1)
Any person desiring to be a member of the Fire Department may file
with the Secretary-Treasurer an application in such form as the Department
may require. Each applicant may also file a certificate of physical
fitness from such physician as the Chief may designate. The name of
any applicant approved by the Chief as provided in the bylaws shall
be presented to the Fire Department for confirmation.
(2)
All resignations from the Department shall take the same course as
applications for and appointments to membership.
(3)
Any member or officer of the Department who has been expelled or
demoted for any offense or neglect of duty or insubordination shall
have the right to appear before the officers of the Department and
state why such penalty should not be confirmed.
D.
Social officers. The election of the Secretary-Treasurer and such
social officers as the bylaws may require shall be held at the annual
meeting of the Department in such manner as is provided in the bylaws.
In case of any vacancy, the Chief shall appoint a member in good standing
to fill the office until the next annual election.
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 firefighters and law enforcement
officers 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)
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 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.
(2)
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 such 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 fire limits
or as a congested district subject to conflagration, and more often
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.
(3)
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.
[Adopted 1-8-2024 by Ord. No. 010824]
The Village of Bear Creek shall initiate mitigation rates for
the delivery of emergency and nonemergency services by the Fire Department
for personnel, supplies and equipment to the scene of emergency and
nonemergency incidents as listed in Exhibit A.[1] The mitigation rates shall be based on actual costs of
the services and that which is usual, customary and reasonable (UCR)
as shown in Exhibit A, which may include any services, personnel,
supplies, and equipment and with baselines established by addendum
to this document.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
A claim shall be filed to the responsible party(s) through their
insurance carrier. In some circumstances, the responsible party(s)
will be billed directly.
The Village of Bear Creek may make rules or regulations and
from time to time may amend, revoke, or add rules and regulations,
not inconsistent with this article, as they may deem necessary or
expedient in respect to billing for these mitigation rates or the
collection thereof.
It is found and determined that all formal actions of this Village
Board concerning and relating to the adoption of this article were
adopted in open meetings of this Village Board, and that all deliberations
of this Village Board and any of its committees that resulted in such
formal actions were in accordance with all legal requirements and
the Codified Ordinances of the Village Board.
This article shall take effect 30 days from the date of adoption
as permitted by law.
