Village of Maple Bluff, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Maple Bluff as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 4 of the 1986 Code]

§ 19-1 Composition; salaries; tenure.

A. 
Enumerated. The Police Department shall consist of the Chief of Police and such police officers as the Village Board may prescribe by ordinance or resolution.
B. 
Salary; collection of fees. The Chief and the police officers shall receive a salary fixed by the Village Board and shall not be entitled to any other compensation. All fees, bail deposits and other special remuneration or funds collected or received by the Department or any officers thereof shall be promptly deposited with the Clerk-Treasurer.
C. 
Tenure of Chief and police officers. The Chief of Police and other members of the Police Department shall be subject to disciplinary action, including suspension and removal, by the Police Commissoner in accordance with § 47-16B of this Code and § 62.13(5), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 19-2 Chief of Police.

The Chief of Police shall:
A. 
Possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon marshals and constables.
B. 
Obey all lawful written orders of the President and Board.
C. 
Cause the public peace to be preserved and see that all laws and ordinances of the Village and state are enforced, and whenever any violation thereof comes to his knowledge, he shall cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender.
D. 
Exercise supervisory control over all Department personnel and may adopt, subject to the approval of the Board, rules and regulations for the government, discipline, equipment and uniforms of police officers.
E. 
Be solely responsible for the care and condition of the equipment used by his Department.
F. 
Keep an accurate and complete record of all complaints, arrests, traffic violations, convictions and dispositions of the Department.

§ 19-3 Police officers.

Each officer of the Department shall possess the powers conferred on marshals and constables by law and shall preserve the public peace and enforce the laws and ordinances of the state and Village subject to the orders, rules and regulations of the Chief, the President and the Board.

§ 19-4 Power of arrest. [1]

The Chief of Police and any police officer may arrest any person in the Village found in the act of violating any law or ordinance of the Village or state or aiding or abetting in such violation, and they may arrest without warrant any person whom they have reasonable grounds to believe has violated any law or ordinance and who will not be apprehended unless immediately arrested, and shall take any arrested person in charge and confine him and shall within a reasonable time bring such person before the court having jurisdiction thereof to be dealt with according to law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 19-5 Police powers of President and Trustees.

The President and the Trustees shall have and exercise the powers of peace officers and may summarily suppress any riotous or disorderly conduct in the streets or public places of the Village.
[Adopted as §§ 5.01 to 5.05 and 5.10 of the 1986 Code]

§ 19-6 Establishment; bylaws; funds; compensation.

A. 
Generally. There is established a Fire Department which shall fight fires and assist in the prevention of fires in the Village. Its organization and internal regulation shall be governed by the provisions of this article and by such bylaws and operating procedures which are adopted by the Department and approved by the Village Board, unless otherwise provided by law or ordinance.
B. 
Bylaws. The Fire Department shall adopt bylaws and operating procedures for the control, management and government and for regulating the business and proceedings of the Department, which bylaws and procedures, after adoption by a two-thirds vote of members of the Department, shall become effective and operative only when presented to and approved by the Village Board.
C. 
Funds for operation of Department. The Village Board shall appropriate funds to provide for the operation and for such apparatus and equipment as it may deem expedient and necessary for the Department 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 as from time to time may be fixed by the Village Board.
E. 
Separate funds. The Village shall have and exercise no claim to any funds which the members shall heretofore or hereafter raise through their sponsorship of social activities or otherwise, which funds shall not be public funds but are the separate property of the membership and may be retained or expended as the membership shall from time to time determine.

§ 19-7 Membership and officers.

A. 
Composition. The Fire Department shall consist of the following officers: a Chief and Assistant Chief together with as many mechanics, drivers and fire fighters as may be appointed by the Chief and approved by the Village Board. At no time shall the Department consist of fewer than 25 active members.
B. 
Membership.
(1) 
Application. Any person desiring to be a member of the Fire Department may file with the Chief an application in such form as the Village Board may require. The name of any applicant approved by the Chief shall be presented to the Village Board for confirmation.
(2) 
Resignations. All resignations from the Department shall take the same course as applications for and appointments to membership.
C. 
Chief and Assistant Chief. A vacancy in the office of Chief shall be filled by appointment by a majority vote of the Village Board. The Chief shall immediately assume office and shall hold office until removed by action of 2/3 of the members of the Village Board, unless sooner terminated by resignation or death. The Chief and Assistant Chief shall be appointed by the Village Board.
D. 
Right to appear before Board. Any member or officer of the Department who has been expelled or demoted for any offense or neglect of duty or insubordination at any fire or drill may appear before the Village Board and state why such penalty should not be confirmed. The Village Board may, by a two-thirds vote of the members, order the Chief to reinstate the member or officer. The Chief shall report the name of each person expelled or demoted to the Village Board.

§ 19-8 Fire Chief.

A. 
General supervision. The Chief shall have the general supervision of the Department, subject to and not in conflict with this article and the bylaws of the Department. He shall be responsible for the safety of the members of the Department.
B. 
Chief to be present at fires. The Chief or Assistant Chief on duty shall be present at all fires and have complete command and entire responsibility of all fire-fighting operations. He shall plan the control of the fire and grant leaves of absence at a fire when he deems it proper and see that the fire apparatus is kept in proper condition. In cases where the Chief or Assistant Chief is not at a fire, the duties required herein shall be exercised by an officer in command designated as such by the Chief or Assistant Chief.
C. 
Demotions and expulsions. The Chief shall demote or expel any officer or member of the Department for neglect or refusal to perform his departmental duties, subject to an appeal from such demotion or expulsion to the Village Board. The bylaws may also provide expulsion for failure to participate in departmental activities.
D. 
Appropriations. Not later than October 1 each year, the Chief shall file with the Clerk-Treasurer a detailed estimate of the appropriations needed for the conduct of the Department during the ensuing fiscal year.
E. 
Written report. The Chief shall submit a written report to the Village Board not later than February 1 of each year, and at such other times as he deems desirable, relating to the conditions of the various pieces of apparatus and appurtenances, the number of hydrants and the condition of the same, the number of fires occurring since the previous report, 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 of such improvements as he deems proper and necessary for the operation of the Department.
F. 
Enforcement of fire prevention ordinances. The Chief shall enforce all fire prevention ordinances of the Village[1] and state laws and regulations pertaining to fire prevention and shall keep citizens informed on fire prevention methods and on the activities of the Department.
[1]
Editor's Note: See Ch. 90, Building Construction and Fire Prevention.
G. 
Fire record. The Chief shall keep a fire record of every fire to which any company was called, including the locality of fire, time alarm was received, cause of fire, where fire started, cause of delay (if any) in responding, amount of insurance carried on building and contents, estimated fire loss, time fire was extinguished, names of persons responding and general remarks.
H. 
Inventory of apparatus and equipment. The Chief 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. 
Other duties. The Chief shall perform such other duties as are usually incumbent on the commanding officers of the Fire Department.

§ 19-9 Control and care of apparatus.

A. 
Duty of Chief. 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 him.
B. 
Use of apparatus. No apparatus shall be used for any purpose except fire fighting within the Village limits or in training therefor, except pursuant to an agreement approved by the Village Board after the Chief has given his recommendations on such use. With the approval of the Chief, such apparatus may be used for emergency purposes. A written report of all such uses shall be made quarterly to the Village Board.

§ 19-10 Police power.

A. 
Generally. The Chief and his assistants or officers in command at any fire shall have 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.
B. 
Power of Chief and Assistant Chief. The Chief or Assistant Chief on duty may prescribe certain limits in the vicinity of any fire within which no person, excepting fire fighters and police personnel and those admitted by order of any officer of the Department, shall be permitted to come. The Chief or Assistant Chief on duty 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 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. 
Fire fighters may enter adjacent property. Any fire fighter, while acting under the direction of the 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 in case any person shall hinder, resist or obstruct any fire fighter in the discharge of his duty, the person so offending shall be deemed guilty of resisting fire fighters in the discharge of their duty.
D. 
Duties of bystanders to assist. Every person present at a fire shall be subject to the orders of the Chief or officer in command and may be required to render assistance in fighting the fire or removing or guarding property. Such officer shall have the power to cause the arrest of any person or persons refusing to obey such orders.

§ 19-11 Injury to fire apparatus.

No person shall willfully injure any hose, hydrant or fire apparatus belonging to the Village and no vehicle or railroad equipment shall be driven over any unprotected hose of the 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.

§ 19-12 Violations and penalties. [1]

Any person who shall violate any provision of this article, or any provision of the bylaws adopted pursuant to § 19-6B, shall be subject to a penalty as provided in § 1-4 of this Municipal Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).