[HISTORY: Adopted by the Village Board of the Village of
Blanchardville as Ch. 5 of the 2003 Municipal Code. Amendments noted
where applicable.]
[Amended 4-4-2022 by Ord. No. 2022-006]
The Department shall be known as the "Village of Blanchardville
Volunteer Fire Department" and shall consist of the Fire Chief, an
Assistant Chief, the Director of EMS, as well as one Captain and one
Lieutenant for each company, and such subordinates as may be authorized
by the Village Board or Public Safety Committee; provided that at
no time shall consist of fewer than 20 active members.
[Amended 4-4-2022 by Ord. No. 2022-006]
[Amended 4-4-2022 by Ord. No. 2022-006]
A.
The Department shall be governed by the bylaws of the Department,
Village ordinances and resolutions, and the Wisconsin Statues. Bylaws
adopted by the Department membership shall not be operative until
approved by the Public Safety Committee.
B.
The Fire Chief is the presiding officer and shall preserve order
over matters involving fire.
C.
The EMS Director is the presiding officer for the Ambulance Service
but shall consult with the Fire Chief on matters affecting the BFVD.
[Amended 2-3-2009 by Ord. No. 2009-01]
A.
General Department funds.
(1)
The Fire Chief shall file with the Village Clerk-Treasurer, by September
1 of each year, a detailed estimate of the appropriations needed for
the conduct of the Department during the ensuing fiscal year.
(2)
The Fire Chief shall file with the Village Clerk-Treasurer, by January
31 of each year, an annual report of the income and expenditures of
the Fire Department and Ambulance Service for the previous fiscal
year. The Clerk-Treasurer shall submit such annual report to the Village
Board no later than February 15 of each year for the previous fiscal
year.
B.
Department volunteer funds.
(1)
Notwithstanding any other provision of this Code, and pursuant to
§ 66.0608, Wis. Stats., the Village Board does hereby authorize
and direct the creation and maintenance of volunteer funds of the
Blanchardville Fire Department, including the Blanchardville Ambulance
Service.
(2)
AMBULANCE VOLUNTEER FUNDS
FIRE DEPARTMENT VOLUNTEER FUNDS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Funds of the Blanchardville Ambulance Service that are raised
by its members, by volunteers, or by donations to the ambulance service
for the benefit of the organization.
Funds of the Fire Department that are raised by its members,
by volunteers, or by donations to the Fire Department, for the benefit
of the Blanchardville Fire Department.
(3)
All Ambulance volunteer funds and Fire Department volunteer funds
shall remain the property of the Village of Blanchardville, and shall
be managed, invested, and disbursed in accordance with this chapter.
All funds subject to this chapter shall be maintained in public depositories
as defined by § 34.01(5), Wis. Stats.
(4)
The Blanchardville Fire Department shall open and maintain a checking
account and such savings account(s), including certificates of deposits,
as its members determine appropriate for the purpose of holding all
Fire Department volunteer funds and Ambulance volunteer funds. Such
funds may be used for any of the following purposes:
(a)
Funding social expenditures, including donations to community
organizations as determined appropriate by the Fire Department.
(b)
Purchase of fire, rescue, and ambulance equipment of any kind,
or contribute to the purchase of the same, as the Fire Department
deems appropriate.
(c)
Provide training to the volunteer members of the Fire Department
and Ambulance Service as the Fire Department deems appropriate.
(d)
Such other purposes as the Fire Department deems appropriate;
subject, however, to prior approval by the Village Board.
(5)
The Fire Department and Ambulance Service shall provide the Village
Clerk-Treasurer with a copy of the annual accounting of the income,
expenses, and funds on hand for all Fire Department volunteer funds
and Ambulance volunteer funds, in a form acceptable to the Village
Board, the same to be provided to the Village Clerk-Treasurer no later
than January 31 for the previous fiscal year. The Village Clerk-Treasurer
shall provide copies of the reports to the Village Board by February
15 of each year for the previous fiscal year.
(6)
All volunteer funds managed by the Fire Department and Ambulance
Service shall require the signature of a person or persons designated
by the Fire Department and Ambulance Service, the names of which shall
be provided to the Village Clerk-Treasurer, and updated as changes
occur.
A.
General supervision. The Chief shall have the general supervision
of the Department, which supervision shall be subject to and not conflict
with this chapter and the bylaws of the Department. He shall be responsible
for the safety of the members of the Department. He shall also obey
all lawful written orders of the Village President and the Village
Board.
B.
Presiding officer. The Chief, or, in his absence, the highest ranking
officer, shall preside at all meetings of the Department, call special
meetings, preserve order, decide all points of order that may arise,
and enforce the provisions of this chapter and the bylaws.
C.
Command of firefighting operations. The Chief shall be present at
all fires, if possible, and have complete command and entire responsibility
for all firefighting operations, plan the control of the same, direct
the action of the Department when it arrives at a fire, observe that
the Department does its duty, grant leaves of absence at a fire when
he may deem it proper, and see that the fire apparatus is kept in
proper condition at all times.
D.
Disciplinary action. The Fire Chief shall have the power to suspend,
demote, expel or otherwise discipline members of the Department, subject
to appeal to the Village Board.
E.
Reports to the Village Board. The Chief shall submit a written report
to the Village Board not later than February 1 of each year, and at
such times as he deems desirable, relating to the condition of various
pieces of apparatus and appurtenances, the number of fires occurring
since the previous report and the date of the same and the loss occasioned
thereby, the total number of active members in the Department, and
resignations and expulsions from the Department. He shall also report
upon the drill and training program of the Department, together with
other pertinent information, including recommendations for such improvements
as he deems proper and necessary for the operation of the Department.
F.
Enforcement of fire prevention ordinances. He shall enforce all fire
prevention ordinances of the Village and the state laws and regulations
pertaining to fire prevention and shall keep citizens informed on
fire prevention methods and on the activities of the Department.
G.
Fire record book. He shall keep a fire record book of every fire
to which the Department was called and shall enter in such book the
location of the fire, the time the alarm was received, the cause of
the fire, where the fire started, the cause of delay, if any, in responding,
estimated fire loss, the time the fire was extinguished, the names
of the members responding and general remarks.
H.
Apparatus inventory. He shall keep an inventory of all apparatus
and equipment and an inventory of all hose showing dates and results
of tests on each length, which shall be individually numbered.
I.
Duties as commanding officer. He shall perform such other duties
as are usually incumbent on the commanding officers of fire departments.
A.
The Chief shall have control of all apparatus used by the Department
and shall be responsible for its proper maintenance. Emergency repairs
may be authorized by the Chief or, in his absence, the highest ranking
officer available.
B.
No apparatus shall be used for any purpose except for firefighting
that is within the Village limits, or in training therefor, except
pursuant to contracts and mutual aid agreements approved by the Village
Board. With the approval of the Chief, such apparatus may be used
for emergency purposes within the Village. The Chief may authorize
the use of apparatus for legitimate civic purposes.
A.
Police authority at fires. The Chief and his assistants or officers
in command at any fire are hereby vested with full and complete police
authority. 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.
B.
Control of fires. 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 enter. The Chief may 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 may order the removal or destruction of any property necessary
to prevent the further spread of the fire. He may also 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.
C.
Entering premises. Any fireman, while acting under the direction
of the Fire Chief or other officer in command, may enter upon the
premises adjacent to or in the vicinity of any building or other property
then on fire for the purpose of extinguishing such fire and if any
person shall hinder, resist or obstruct any fireman in the discharge
of his duty, as is herein before provided, the person so offending
shall be deemed guilty of resisting firemen in the discharge of their
duties.
D.
Injury to equipment prohibited. No person shall willfully injure
in any manner any hose, hydrant or fire apparatus belonging to the
Village and no vehicle or railroad equipment shall be driven over
any unprotected hose of a fire department when laid down on any street,
private driveway, track or other place to be used at any fire or alarm
of fire without the consent of the Fire Department official in command.
[Amended 4-4-2022 by Ord. No. 2022-007]
A.
Fire Chief to be Fire Inspector. The Fire Chief shall hold the office
of Fire Inspector with power to appoint one or more Deputy Fire Inspectors,
who shall perform the same duties and have the same powers as the
Fire Inspector.
B.
Inspection duties. Fire Inspectors shall inspect, semiannually, all buildings, premises and public thoroughfares within the Village limits for the purpose of noting and causing to be corrected any conditions liable to cause fires in accordance with Chapter 130.
C.
Written record of inspections. The Chief shall keep a written record
card of each property inspected which shall conform to the requirements
of the State Department of Safety and Professional Services and shall
make a semiannual report of inspections required by said Department.
The officers and members of the Fire Department, with their
fire equipment of every kind, when going to or on duty at a fire,
shall have the right-of-way over all other vehicles upon Village streets,
and the operator of any other vehicle, whether motor or otherwise,
upon the approach of such fire apparatus, shall immediately drive
such other vehicle as far as possible to the right of the thoroughfare
and shall keep such vehicle stationary until such fire apparatus shall
have passed. Except when actually responding to a fire alarm or other
emergency call, or when on duty at a fire, the apparatus and vehicles
of the Fire Department shall, however, have no special right-of-way
or other privileges of any kind, but shall be subject to all traffic
regulations applicable to other vehicles.
All volunteer firemen, when responding to a fire call with a
private vehicle, shall comply with all traffic regulations.
A.
Social club. Members of the Department may organize a social club
and elect officers provided that social activities are not funded
from Village funds.
B.
Fund-raising. The social club may raise funds for social activities
provided that any advertising clearly states the purpose the funds
are being raised for.
Ambulance service shall be provided by the Fire Department.
Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty, as provided in § 1-4 of this Code.
[Added 3-4-2019 by Ord.
No. 46-15]
A.
Purpose. The purpose of this section is to establish a written fee
schedule to recover costs of the Village of Blanchardville Volunteer
Fire Department (hereafter designated "BVFD") and other emergency
response services as described in this section.
B.
Authority. Pursuant to Wis. Stats. §§ 61.34 and 66.0627,
the Village of Blanchardville is given broad authority to manage and
control municipal property, finances and the public service and to
act for the government and good order of the municipalities it serves,
and for its commercial benefit and for the health, safety, and welfare
convenience of the public.
C.
Fire protection costs. Property owners of real estate and/or improvements
to real estate located within the fire district shall be responsible
for the costs of the BVFD's response and suppression activities associated
with combating such fire, based upon a schedule of cost assessments
adopted by the Village of Blanchardville and on file in the Office
of the Clerk-Treasurer for the Village of Blanchardville. For purposes
of this section and this Code of Ordinances, "property" shall include,
but not be limited to the following: structures, grass, crops, trees,
wooded areas, improvements to real estate, portable structures, equipment,
and personal property.
D.
Vehicles. The owner or lessee of any vehicle to which BVFD responds
for any fire, potential fire, or vehicle accident of any kind, wherever
the same occurs, shall be responsible for the cost of BVFD's response
and operations associated therewith, based upon the schedule of cost
assessments on file with the office of the Clerk-Treasurer for the
Village of Blanchardville. For purposes of this section, "vehicle"
shall include, but not be limited to any automobile, truck, motorcycle,
all-terrain vehicle (ATV), utility terrain vehicle (UTV), moped, tractor,
snowmobile, horse-drawn carrier, and farm equipment.
E.
Waiver of assessment. There shall be no fee levied under the terms
of this section for the response by the BVFD to a fire on open land
along any public highway or waterway for which the property owner
and/or lessee, if any, are not responsible for starting the same.
This waiver section shall not apply to any liability of anyone pursuant
to Wis. Stats. § 26.14.
F.
Fee structure. The governing body of the BVFD may modify the schedule
of assessments at any time, subject to approval by the Village Board
of the Village of Blanchardville. BVFD is hereby authorized to adopt
a scale of additional charges, as said governing body of BVFD determines
necessary, subject to approval by the Village Board of the Village
of Blanchardville, for any additional equipment, BVFD responders,
and the like as used in response to the matters described in this
section.
G.
Collection procedures. The BVFD shall direct all charges set forth
herein to the person, persons, or entity, as described in this section,
regarding the services provided by BVFD. In addition to seeking payment
from such person, persons, or entity, the BVFD shall pursue such claim
against any insurer of the responsible party for whom the services
were rendered. Any amount not paid within 60 days of the date of billing
to the responsible party shall be deemed delinquent, and the Village
of Blanchardville shall, in its discretion, seek repayment of any
portion through any legal means available. BVFD shall seek reimbursement
from the State of Wisconsin and/or any county or other governmental
agency for such amounts as may be permitted by law.
H.
Other departments. Nothing contained herein shall prevent the BVFD
from entering into agreements with other fire districts regarding
reimbursement for costs and expense to the BVFD.
I.
Delegation of authority. The Village of Blanchardville delegates
to BVFD the authority to collect charges set forth in this section.
This section is a supplement to, but does not replace, any other assessment
procedures of the Village of Blanchardville for the operation of BVFD.
