[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-1-1994 by Ord. No. 12-94
as Ch. 5 of the 1994 Code]
A. The Police Department of the Village shall consist
of the Police Chief and such other police officers as the Village
Board may appoint from time to time.
B. The Police Chief and all other police officers shall
receive salaries or wages as shall be fixed annually by the Village
Board.
All police officers, including the Police Chief,
shall be appointed by the Village Board and shall be subject to removal
by the Village Board without cause, upon a majority vote of all Board
members.
The Police Chief and all police officers shall
possess the powers, enjoy the privileges and be subject to all liabilities
conferred and imposed by law upon marshals and constables. They shall:
A. Obey all lawful written orders of the Village Board.
B. 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 shall come to their knowledge, they
shall cause the requisite complaint to be made and see that the evidence
is procured for the successful prosecution of the offender or offenders.
C. See that the necessary permits and licenses issued
by the proper authority of the state or Village are in possession
of or properly displayed by any person engaged in any activity or
business within the Village for which such permit or license is required
and that the terms of such permits or licenses are complied with.
D. Arrest all persons 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 shall arrest without warrant
all persons whom they have reasonable grounds to believe have violated
any law or ordinance and who will not be apprehended unless immediately
arrested, and shall take all arrested persons in charge and confine
them and shall within a reasonable time bring such persons before
the court having jurisdiction thereof to be dealt with according to
law.
A. Law enforcement officers of the Jefferson County Sheriff's Department shall possess the power to enforce all provisions of the Code of the Village of Johnson Creek as set forth in §
22-3A,
B and
C of this article.
B. Law enforcement officers of the Jefferson County Sheriff's
Department are hereby authorized to issue citations for violations
of the Code of the Village of Johnson Creek, Jefferson County, Wisconsin,
pursuant to § 66.0113(1), (2) and (3), Wis. Stats.
[Adopted 7-24-2006 by Ord. No. 20-06; amended in its entirety 12-11-2006 by Ord. No. 37-06]
Recognition. The Village Fire-Emergency Medical
Service Department, consisting of a Fire Service and Emergency Medical
Service, "EMS," is recognized as the Village of Johnson Creek Fire-Emergency
Medical Service Department, the "Department," which shall be a department
of the government of the Village of Johnson Creek, the "Village."
The duties of fire fighting, fire prevention and emergency medical
service in the Village are delegated to the Fire-Emergency Medical
Service Department.
A. The Village of Johnson Creek Fire-Emergency Medical
Service Department shall be a combination fire service and medical
emergency service department, and all members not employed on a full-time
basis shall be paid-on-call or for-call employees of the Village of
Johnson Creek.
B. The internal organization of the Department shall
be in accordance with the policies and procedures of the Department
and the Village. The Village Board shall approve the Department's
standard operating guidelines and all amendments or modifications
to those standard operating guidelines.
The maximum number of part-time, paid-on-call
employees of the Department shall be determined by the Village Board,
upon recommendation of the Chief and concurrence of the Village Board.
Said recommendation shall take into account the number of fire fighters,
EMTs, and officers needed to maintain efficiency, properly protect
life and property from fire and provide emergency medical services.
All active members of the Department and other supportive staff shall
abide by the terms and provisions of this chapter and the Department's
standard operating guidelines.
A. Employment status. The Fire-Emergency Medical Service
Chief, the "Chief," shall be an employee of the Village.
[Amended 3-23-2020 by Ord. No. 03-20]
B. Appointment. The Board of Police and Fire-EMS Commissioners
shall appoint the Chief of the Department. Following the appointment
by the Board of Police and Fire-EMS Commissioners and successful probationary
period, he/she shall hold his/her office during good behavior subject
to suspension or removal by the Board of Police and Fire-EMS Commissioners
for cause.
[Amended 1-25-2016 by Ord. No. 1-16]
C. Performance evaluation. The Village Board may, for
the purposes of determining salary, benefits, and other performance-related
issues, evaluate the Chief's performance.
D. Qualifications. Applicants shall supply a resume as
to background and proven job experience, including formal fire and
emergency medical training (a minimum of a bachelor's degree in fire
science or related field is preferred); a minimum of five years on
a combined-service fire department in a ranking officer position;
business management experience, including, but not limited to, budgeting,
accounting, letter writing, marketing, good management and people
skills. The selection of a Chief will be at the discretion of the
Village Board. The Village Board may elect to take applications from
within the Department or go outside to find a suitable candidate for
the position.
E. Duties, responsibilities, power and authority. The
Fire-Emergency Medical Service Chief shall have the following authority
and responsibilities:
(1) Code enforcement. The Chief shall enforce the Wisconsin
Statues, the Wisconsin Administrative Code, Department operating guidelines
and the Village Code in matters relating to fire prevention, code
enforcement, public education and fire suppression within the Village.
It shall be the duty of the Chief to direct the operation of the Department.
The Chief shall report monthly to the Village Board all fire-EMS activities,
together with the amounts and value of the property destroyed.
(2) Department operations. The Chief shall provide for
the general condition and efficient operation of the Department, the
training of members and the performance of other assigned duties.
(3) Attendance at meetings. The Chief shall attend all
official meetings of the Department whenever possible.
(4) Rules, regulations, and standard operating guidelines.
The Chief shall prepare rules, regulations and standard operating
guidelines for the proper operation of the Department. Such rules,
regulations and standard operating guidelines shall be in addition
to the provisions of this chapter. Rules, regulations, policies and
procedures and standard operating guidelines developed for promulgation
by the Chief shall be approved by the Village Board before becoming
effective, including operational procedures, policies and job descriptions
for all personnel. The Village Administrator, before their submission
to the Village Board, shall review all such documents. All members
of the Department shall be provided with access to all such rules,
regulations and standard operating guidelines once they become effective.
(5) Reports. The Chief shall submit such written reports
to the Village Board as deemed desirable by the Village Board. An
annual report for the calendar year ending on December 31 shall be
submitted no later than the first of April each year. This report
shall detail the condition of all apparatus and equipment, number
of fire-EMS calls and total number of members in the Department. This
report shall also contain an overview of the total Department operations
of the past year in regard to training programs and needs of the Department
now and in the coming year.
(6) Record maintenance. Except where properly delegated
to a subordinate, the Chief shall be the custodian of all official,
nonpersonnel records of the Department. Such records shall include,
at a minimum, those required by the Board, Village ordinances, and
Wisconsin Statutes. The Chief shall be responsible for insuring the
security of records subject to the Health Information Privacy and
Accountability Act (HIPPA). The Village Clerk-Treasurer is the custodian
of all Village personnel records and their security.
(7) Equipment. The Chief shall determine the needs of
the Department in evaluating the use of current equipment and assessing
and researching the need of additional equipment necessary to protect
Village residences and businesses.
(8) Attendance at fire service calls. In accordance with
the policies and procedures of the Department, the Chief, or Chief's
designee, shall attend all fire calls in the Village, non-Village
service areas and elsewhere when the Department has responded to render
mutual aid to another department. If the Chief, or the Chief's designee,
is unavailable, the highest-ranking officer of the Department in attendance
shall have the same powers and duties as the Chief.
(9) Attendance at emergency medical service calls. In
accordance with the policies and procedures of the Department, the
Chief, or the Chief's designee, shall attend emergency medical service
calls to which the Department is called. In the absence of the Chief,
or the Chief's designee, the highest-ranking officer in attendance
shall have the same powers and duties as the Chief.
(10) Power to suspend, demote or terminate Department employees.
The Chief shall have the power to suspend, demote or terminate any
officer or member of the Department for just cause in consultation
with the Village Administrator, pursuant to the Village Personnel
Policy and Procedures Manual.
(11) Fiscal responsibility. At the direction of the Village
Administrator, the Chief shall file with the Administrator a detailed
estimate of appropriations needed for the conduct of the Department
during the ensuing fiscal year.
(12) Other duties. The Chief shall perform such other duties
as are incumbent upon the Chief as commanding officer of the Department
and as may be directed from time to time by the Village Board or Village
Administrator.
(13) Arson reports: report all fires in which arson is
suspected to the Village police, Sheriff's Department and State Fire
Marshal.
(14) Fire safety inspections and inspection records maintenance.
In accordance with § Comm 14.02(2) of the Wisconsin Administrative
Code, the Chief shall be responsible for the conduct and documentation
of firesafety inspections within the Village.
(15) Removal. If the Chief fails to perform his/her duties
as described by this chapter or to comply with the rules and regulations
of appropriate governmental authorities or agencies in connection
with his/her duties as Chief, he/she may be removed from office by
the Board of Police and Fire-EMS Commissioners. In the absence of
any appropriate policy or procedure, the Village personnel policies
and procedures shall prevail.
(16) Disciplinary action, grievances and appeals. Any member
of the Department who is suspended, demoted, or terminated or is subject
to any other disciplinary action shall have the right to appeal the
suspension, demotion, termination or other disciplinary action to
the Board of Police and Fire-EMS Commissioners. In the absence of
any appropriate policy or procedure, the Village personnel policies
and procedures shall prevail.
A. Unless otherwise determined by the Village Board,
the Fire-EMS Chief shall serve as Chief Fire Inspector. If, in the
event, the Board wishes to separate the positions of Chief Fire Inspector
and Fire-EMS Chief, the Chief shall recommend an appointment to the
Village Administrator, which shall be subject to approval by the Village
Board.
B. Duties and responsibilities. The Chief Fire Inspector
shall be the administrator of the Bureau of Fire Prevention. The Chief
Fire Inspector shall be responsible for the direct administration
and enforcement of the Village of Johnson Creek Fire Prevention Code.
The Chief Fire Inspector shall supervise and manage public education
programs, code enforcement and all fire investigations.
A. Appointment. The Chief shall make recommendation to
the Village Board for the appointment of those qualified individuals
to the positions of:
[Amended 1-16-2007 by Ord. No. 05-07]
(1) Deputy Fire-EMS Chief or Deputy Fire Chief and Deputy
EMS Chief.
(2) Assistant Fire-EMS Chief(s), Assistant Fire Chief(s)
and/or Assistant EMS Chief(s).
(5) Fire fighter-emergency medical technician.
(7) Emergency medical technician.
B. Appropriate examination and interview procedures used.
The Chief shall utilize appropriate employment assessment procedures
based on nationally recognized guidelines related, including, but
not limited to, ability to pass physical job-related functions, a
written and medical examination and oral interviews. Where relevant,
current Department policies and procedures and Village personnel policies,
procedures and labor contract provisions (if any) shall apply.
C. Duties and responsibilities. The authority, duties
and responsibilities of the aforementioned positions shall be as presented
in the Department job descriptions, which shall reflect Department
policies and procedures and standard operating guidelines.
D. Probationary period. All Department personnel shall
serve a one-year probationary period. The Chief shall have the authority
to dismiss all Department personnel, except for the position of Assistant
Chief, within the one-year probationary period, pursuant to the Village
personnel manual. Dismissal of the Assistant Chief requires Village
Board approval.
The provisions of this article, so far as practicable,
shall be construed in conjunction with and in furtherance of the provisions
of § 62.13, Wis. Stats., and Ch. 589 of the Laws of 1921,
Ch. 423 of the Laws of 1923, and Ch. 586 of the Laws of 1911 and shall
be construed as an enactment for the purpose of providing a uniform
regulation of the Department in the Village of Johnson Creek, consistent
with the statewide enactment regulating cities and villages.
A. Incident command system. Operations of the Department
shall be organized and managed using an incident command system. The
incident command system is described in the Department's policies
and procedures for both services.
B. Limited access and removal of property. The Chief
and the incident commander may prescribe certain limits near any emergency
incident within which no persons, excepting fire fighters, EMTs and
police officers and those admitted by order of the incident commander,
shall be permitted to be present. The Chief and the incident commander
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, or other incident over
which he/she has control, he/she shall have the power to order the
removal or destruction of any property necessary to prevent the further
spread of fire and the authority to preserve evidence of suspected
arson. The Chief and the incident commander shall also have the power
to cause the removal of all wires or other facilities and the turning
off all electricity or other services where the same impedes the work
of the Department during the progress of a fire or other hazardous
situation.
C. Resistance to operations. It shall be lawful for any
fire fighter, while acting under the direction of the Chief or the
incident commander, to enter upon the premises adjacent to or near
any building or other property then on fire or in a hazardous environment
for the purpose of extinguishing such fire or mitigating such hazards.
In case any person shall hinder, resist or obstruct any fire fighter
in the discharge of his/her duty as is herein before provided, the
person so offending shall be deemed guilty of resisting fire fighters
in the discharge of their duty.
D. Damage to Fire-Emergency Medical Service Department
property. No person shall willfully injure in any manner any hose,
hydrant, fire apparatus or equipment belonging to the Village of Johnson
Creek, and no vehicle shall be driven over any unprotected hose of
a fire department when laid down on any street, private driveway or
any other place, to be used at any fire or alarm of fire, without
the consent of the incident commander in command of the emergency.
Donations, purchasing and expenditure of tax
and non-tax moneys. The Chief shall comply with the Village of Johnson
Creek Municipal Code and established financial policies and procedures
therein.
The Chief and any assistants or officers in
command at any fire or EMS scene are hereby vested with full and complete
police authority of that scene.
The Chief, any assistant or officer of the Department
may cause the arrest of any person failing to give the right-of-way
to fire or ambulance equipment responding to an alarm.
The Chief, any assistant or officer of the Department
may erect fire line barriers in the vicinity of any fire or EMS scene
beyond which no persons, excepting fire fighters, EMTs, policemen
and those admitted by order of any officer of the Department, shall
be permitted.
The Chief, any assistant or officer of the Department
may cause the removal of any property whenever it shall become necessary
to prevent the spreading of fire or to protect 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
turnoff of all electricity or other services where the some impedes
the work and safety of the Department during the progress of the fire.
The Chief and any other officer or member of
the Department, as the Chief may dictate, shall have the authority
to issue municipal citations to any person or entity deemed to be
in violation of any portion of this article, including any adopted
code or standard. Upon conviction, the person or entity issued the
citation shall pay a forfeiture in addition to which any court costs
and associated fees shall be also be assessed.
The forfeitures to be imposed for violations
of this article, including adopted codes and standards, are included
in an assessment schedule which is attached to this ordinance.
Any person or organization who violates the
terms of this article and, as a result, causes the dispatch and/or
deployment of fire-fighting equipment or personnel to control or extinguish
the fire or to protect life or property, in addition to other fines
and forfeitures, may be required to pay all costs and expenses incurred
by the Village as a result of the dispatch or deployment of fire-fighting
equipment or personnel. Such costs and expenses shall be calculated
by the Chief and submitted to the Village Board for its review, consideration
and approval. Such costs shall be assessed against the property in
accordance with the provisions of § 66.0627, Wis. Stats.
A. Services and records provided. The Department shall
provide ambulance and emergency medical service. All necessary records
required by the Wisconsin Department of Health and Family Services
will be kept on file in the Department's offices and overseen by the
Chief or the Chief's designee.
B. Operating guidelines. The Chief, or the Chief's designee,
shall be the head of the ambulance and emergency medical services
and shall be subject to the laws and statutes of Wisconsin, Village
ordinances and the rules, regulations, policies and procedures, and
standard operating guidelines of the Department.
C. Person in charge. The Chief may elect to place a person
in charge of the EMS. Such person shall be known as the "Assistant
Chief-EMS, Division of Emergency Medical Services," who shall be subject
to the job description for that position and under the direction of
the Chief and the Department medical director and subject to all the
rules, regulations, policies, procedures and standard operating procedures
of the Department and this article.
D. Ambulance call charges. Fees for ambulance service
for conveyance of both Village residents and nonresidents shall be
as determined from time to time by the Chief or the Chief's designee
and approved by resolution of the Village Board.
A. Incorporation of Wisconsin Statutes. Chapter 166.20(5)(a)1
through 6, (5m), (6), (7m) and (8), Wis. Stats., as the same presently
exist or as may be modified from time to time, are incorporated herein
by reference. Inspection and enforcement of the statutory provisions,
to the extent in § 166.20(7m) and (8), Wis. Stats., shall
be performed by personnel of the Fire-EMS Department.
B. Penalties. The penalty provisions in § 166.20(11)(a)
through (e), Wis. Stats., are incorporated herein by reference.
Except as otherwise provided, any person found
to be in violation of any provision of this chapter or any order,
rule or regulation made hereunder shall be subject to a penalty as
provided in this article.