[HISTORY: Adopted by the Village Board of the Village of Theresa 6-3-1996 as §§ 5-2-2, 5-2-4 to 5-2-9 and 5-3-1 of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 27, Art. II.
Alarm systems — See Ch. 104.
Blasting — See Ch. 122.
Building construction — See Ch. 132.
Hazardous materials — See Ch. 189.
Nuisances — See Ch. 233.
The following orders, rules and regulations of the Department of Commerce, all of which are set forth in the Wisconsin Administrative Code as from time to amended, are incorporated herein by reference and adopted as part of this chapter:
A. 
Chapter COMM 7, Explosive Materials.
B. 
Chapter COMM 10, Flammable and Combustible Liquids.
C. 
Chapter COMM 14, Fire Prevention.
D. 
Chapter COMM 32, Public Employee Safety and Health.
E. 
Chapter COMM 40, Gas Systems.
F. 
Chapter COMM 43, Anhydrous Ammonia.
G. 
Chapters COMM 61 to 65, Commercial Building Code.
H. 
Wisconsin Electrical Code.
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Theresa Fire Department along the streets or alleys of such Village at the time of a fire or when the Fire Department of the Village is using such streets or alleys in response to a fire alarm or for practice.
A. 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Theresa Fire Department or any other Fire Department, and no vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street, private driveway or other place to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.
[Amended 8-1-2005 by Ord. No. 1-10]
B. 
Parking vehicles near hydrants. It shall be unlawful for any person to park any vehicle or leave any object within 10 feet of any fire hydrant at any time.
C. 
No parking near fire. It shall be unlawful for any person, in case of fire, to drive or park any vehicle within one block from the place of fire without the consent and authority of the Fire Chief or any police officer.
A. 
Entering adjacent property. It shall be lawful for any fireman while acting under the direction of the Fire Chief or any other officer in command to enter upon the premises adjacent to or in the vicinity of a building or other property then on fire for the purpose of extinguishing or investigating extension of such fire, and in case any person shall hinder, resist or obstruct any fireman in the discharge of his duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting firemen in the discharge of their duty.
[Amended 8-1-2005 by Ord. No. 1-10]
B. 
Destruction of property to prevent the spread of fire. During the progress of any fire, the Fire Chief or his assistant shall have the power to order the removal or destruction of any property necessary to prevent the further spread of fire, provided that it is inevitable that, unless such property is removed, other property is in danger of being destroyed by fire.
Every person who shall be present at a fire shall be subject to the orders of the Fire Chief or officer in command and may be required to render assistance in fighting the fire or in removing or guarding property. Such officer shall have the power to cause the arrest of any person or persons refusing to obey said orders.
Whenever there shall be a fire or fire alarm or the Fire Department shall be out for practice, every person driving or riding in a motorized or other vehicle shall move and remain to the side of the street until the fire engine and fire truck and other fire apparatus shall have passed.
No person shall occupy any portion of such streets or alleys with a motorized or other vehicle between such fire engine or fire truck or other fire apparatus or any hydrant to which a fire hose may be, or may be about to be, attached.
[Amended 8-1-2005 by Ord. No. 1-10]
No person, firm or corporation shall build any outdoor fire within the corporate limits of the Village of Theresa excepting as set forth in this section. This prohibition on burning includes burning of construction waste and debris at construction sites.
A. 
Outdoor cooking over a fire contained in a device or structure designed for such use.
(1) 
Material used to make a cooking fire cannot include construction materials, trash, rubbish, furniture, brush or leaves.
(2) 
All cooking devices must be in good working condition to prevent the possible spread of fire.
(3) 
For all multifamily dwellings more than one story in height, the use and/or storage of any propane or charcoal portable cooking device or any portable fireplaces is strictly prohibited above the first floor occupancy.
(4) 
For all multifamily dwellings more than one story in height, the use of any open or closed outdoor cooking device, any portable fireplace device, or any open flame device is prohibited within 25 feet of the structure on the ground floor or any combustible material on the ground floor.
B. 
Recreational fires.
(1) 
It is the intent of the Village of Theresa that citizens shall have the opportunity to have recreational fires at single-family and two-family dwellings provided that such fires are in strict compliance with restrictions relating to recreational fires. It is further the intent of the Village of Theresa that the Police Department and Fire Department shall strictly enforce these restrictions so as to ensure that such fires do not compromise safety or annoy neighbors.
(2) 
A portable fire pit is a structure or device intended to contain and control outdoor wood-only fires. This shall include a structure which, although not portable, is designed to contain and control outdoor wood fires. A permanent fire pit is dug into the ground surrounded by mesh wire. All permanent or portable burning devices and receptacles shall be approved by the Fire Chief or his/her designee.
(3) 
No recreational fire may be started or allowed to continue burning unless such recreational fire is contained in a portable fire pit, such as the Coleman or Weber type portable fire pits which are available at most hardware stores, or a permanent fire pit.
(4) 
Portable fire pits, such as devices commercially designed and intended to control and contain outdoor wood fires, may be used in accordance with the manufacturer's specifications and these regulations and must be based upon a noncombustible surface. All fire pits shall be a recommended distance of at least 25 feet from any building.
(5) 
Burning barrels are prohibited.
(6) 
No recreational fire shall be started or allowed to continue burning when the wind direction or wind speed will cause smoke, embers, or other burning materials to create a nuisance for neighboring property owners. The fire shall be completely extinguished immediately upon the complaint of any smoke nuisance.
(7) 
Material for recreational fires or portable fire pits shall not include building material, rubbish, garbage, recyclable items, trash, furniture, brush, leaves, grass or any material made of petroleum base and shall not contain any flammable or combustible liquids, except for devices which are designed to burn LP gas.
(8) 
All recreation fires or portable pits shall be attended to at all times by at least one responsible person of age 18 or older from the ignition of the fire until the fire is completely extinguished.
(9) 
Covers for portable fire pits must stay on while being used.
(10) 
No wood shall extend outside the portable fire pits.
(11) 
No materials may be burned upon any street, curb, gutter, or sidewalk.
(12) 
Any ashes created by burning such material as is lawful under this section are to be disposed of in a manner authorized by law.
C. 
Fire Chief may regulate and prohibit. The Fire Chief or his/her designee is permitted to prohibit all outdoor burning when atmospheric conditions or local circumstances make such fires hazardous.
D. 
Burning permits shall not be issued.
E. 
Any person who violates this section may be subject to a forfeiture of at least $20 but no more than $200.
[Amended 9-11-2006
[Added 5-2-2011]
A. 
Purpose. The purpose of this section is to provide for fees to reimburse in part or in whole the Town of Theresa and/or Village of Theresa for emergency responses by the Theresa Fire Department responding to traffic accidents and other incidents that occur on all public or private roadways.
B. 
Reimbursement.
(1) 
The Theresa Fire Department shall charge a fee as prescribed in the current Theresa Fire Department rate schedule for reimbursement of response costs for any emergency call on any public or private roadway requiring the deployment of the Fire Department personnel or equipment. The fee shall be billed to the nonresident individual to whom the service was provided. When an emergency response involves a multiple-vehicle incident, the Fire Department shall bill costs to all nonresident vehicle owners involved in the incident.
(2) 
If reasonable collection efforts have failed, the Village of Theresa and/or Town of Theresa may seek reimbursement of the costs from the Department of Transportation pursuant to Wis. Stats. § 61.65(8).
C. 
Maintenance of funds. All funds collected by the Theresa Fire Department and/or the municipalities shall be turned over to the Treasurer of the Theresa Fire Department. It shall be the responsibility of the Theresa Fire Department Treasurer to deposit and maintain the funds in an account specifically designated for the purchase of equipment.