[HISTORY: Adopted by the Village Board of the Village of Bear Creek as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Exhibit A Mitigation Rates
[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.
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.