[HISTORY: Adopted by the Common Council of the City of Jefferson 8-6-2002
by Ord. No. 7-02 as Chs. 4 and 5 of the 2002 Code. Amendments
noted where applicable.]
The Police Department shall consist of the Chief of Police and such
police officers as the Council shall prescribe by ordinance or resolution.
They shall receive such compensation as shall be determined by ordinance or
resolution, which shall be in lieu of all special fees, rewards or remuneration
arising from such police service. All fees, rewards and other special remuneration
received by the Police Department or any member thereof shall be deposited
with the City Clerk/Treasurer to the general fund of the City.
The Chief of Police shall be the chief executive officer of the Department
and shall have direct control and management of all members of the Department
in the lawful exercise of their duties, subject to the provisions of law and/or
City ordinances and subject to such other orders as may be issued by the Mayor
or Council as provided by law. Each police officer shall likewise perform
such duties as may be required by law, ordinance, or City regulations and
such other duties as may be imposed by the Mayor or Council.
The Chief of Police shall have custody, care and control of the property
and equipment of the Police Department, subject to the directions of the Mayor
and Council. He shall conduct periodic surveys of such property and equipment,
arrange for the salvaging of discarded or impaired items, and submit recommendations
as to future needs.
The Chief of Police and each permanent police officer shall devote full
time to Police Department duties.
The Chief of Police shall keep an accurate and complete record of all
complaints, arrests, traffic violations, convictions and the disposition of
each case handled by the Department. The Chief shall also keep a record of
the accomplishments and performance of each officer.
The Chief of Police shall immediately, following the end of each calendar
month, submit to the Mayor and Common Council a written report on all activities
and transactions of the Department during the month. He shall also submit
such a report at the end of each calendar year for the preceding year.
All funds arising out of Police Department operations that may be collected
by any member of the Department shall be deposited with the City Clerk/Treasurer
not later than the succeeding business day. The Chief shall file with the
City Clerk/Treasurer accompanying such deposit a statement showing in detail
the source of such receipts.
Each member of the Police Department shall wear a suitable badge, to
be furnished by the City, and every member on duty shall wear a uniform as
prescribed by the regulations. The Chief may issue written orders authorizing
the performance of a specific duty while not in uniform. Any member of the
Department who shall lose or destroy such badge or other equipment shall be
required to pay the cost of replacement. Whenever any member shall terminate
his employment in the Department, he shall immediately deliver his badge and
all other City equipment in his possession to the City Clerk/Treasurer, and
all sums due such member shall be withheld pending final settlement.
Disciplinary actions against the Chief and subordinates shall be governed
by § 62.13(5), Wis. Stats.
The Department shall be known as the "Jefferson Fire Department" and
shall consist of the Fire Chief and such subordinates as may be authorized
by the Common Council.
The Department shall adopt bylaws for the control, management and government
and for the regulation of business and proceedings of the Department.
The Fire Chief shall be appointed by the Police and Fire Commission
and shall hold office during good behavior, subject to suspension or removal
by the Commission for cause, or upon reaching age 65 shall be retired. The
Police and Fire Commission may annually extend by one year the age at which
the Fire Chief shall be retired.
The members of the Fire Department shall be appointed by the Chief subject
to approval by the Police and Fire Commission from an eligible list provided
and approved by the Department and kept on file by the Secretary of the Department.
All members, except the Chief, appointed to the Fire Department shall not
be less than 18 nor more than 35 years of age and all such shall be retired
from active membership in such Department upon obtaining the age of 65 years
of age, unless extended by the Council.
Disciplinary actions against the Chief and subordinates shall be subject
to § 62.13(5), Wis. Stats.
A.
Powers and duties. The Chief shall:
(1)
Have general supervision of the Department, subject to
this section and the bylaws of the Department, and shall be responsible for
the personnel and general efficiency of the Department.
(2)
Preside at all meetings of the Department, call special
meetings, preserve order, decide all points of order that may arise and enforce
a rigid observance of this section and the bylaws.
(3)
Have complete command of and entire responsibility for
all fire-fighting operations, plan the control of the same, direct the action
of the Department when at a fire, 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.
(4)
Not later than October 15 of each year, file with the
City Administrator a detailed estimate of the appropriations needed for the
conduct of the Department during the ensuing fiscal year.
(5)
Submit a written report to the Common Council not later
than December 15 of each year, and at such other times as he deems desirable,
relating to the condition of the various pieces of apparatus and appurtenances,
the number of fires occurring since the previous report, the date of the same
and 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.
(6)
Enforce all fire prevention ordinances of this City and
state laws and regulations pertaining to fire prevention and keep citizens
informed on fire prevention methods and on the activities of the Department.
(7)
Keep a fire record book of every fire to which the Department
was called and enter in such book the locality 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, the method of extinguishment and the equipment
used, the amount of insurance carried on the building and contents, the estimated
fire loss, the time the fire was extinguished, the names of the men responding
and general remarks.
(8)
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 identified.
(9)
Perform such other duties as are incumbent on the commanding
officer of the Fire Department.
B.
Vacancy and appointments in office.
(1)
A vacancy in the office of the Chief shall be filled
by the Police and Fire Commission. Other officers shall be shall be chosen
in the manner provided by the Department bylaws. 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)
Upon appointment, the Chief shall immediately assume
office and shall hold office until his successor is appointed and qualified
in accordance with the bylaws of the Department. The Chief shall be a resident
of the City and employed within the City.
A.
Any person desiring to be a member of the Fire Department
may file with the Secretary of the Fire Department an application in such
form as the Department may require. Each applicant shall also file a certificate
of physical fitness from such physician as the Chief may designate.[1]
B.
Upon reaching the age of 62, active members may become
honorary members and be relieved from fire-fighting duties.
C.
All resignations from the Department shall take the same
course as applications for and appointments to membership.
D.
The election of the Secretary and such other 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.[2]
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.
B.
No apparatus shall be used for any purpose except for
fire fighting with the City limits, or in training therefor, except pursuant
to an agreement approved by the Mayor after the Chief has given his recommendations
on such use. With the approval of the Chief, such apparatus may be used for
emergency purposes other than fire fighting within the City. A written report
of all such uses shall be made quarterly to the Common Council.
C.
No person shall willfully injure in any manner any hose,
hydrant, or fire apparatus belonging to the City, 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.
A.
The Chief and assistants or officers in command at any
fire are vested with 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.
The Fire Chief may prescribe certain limits in the vicinity
of any fire within which no person, excepting firemen and policemen and those
admitted by order of any officer of the Department, shall be permitted to
come. The Chief may cause the removal of any property from a 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 services where the same impedes the work of
the Department during the progress of the fire.
C.
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 no person shall hinder, resist or
obstruct any fireman in the discharge of his duty.
D.
Every person who shall be present at a fire shall be
subject to the order 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 may cause the arrest of any person or persons refusing to obey
said orders.
A.
The 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.
The Fire Inspector shall inspect or cause to be inspected,
semiannually, all buildings, including their premises, designed for occupancy
by more than one family and all buildings, premises and public thoroughfares
open to the public within the City limits for the purpose of noting and causing
to be corrected any conditions liable to cause fire. The Inspector shall also
investigate the storage and handling of explosives and flammable liquids within
the City.
C.
Whenever in the City any inspection by the Fire Chief
or his deputies reveals a fire hazard, the Chief or his deputies shall serve
a notice in writing upon the owner of the property giving said owner a reasonable
time in which to remove the hazard. If the fire hazard is not removed within
the time allowed it shall be a nuisance. The Fire Chief or his deputy may
have the same removed by the City, and the cost of such removal may be recovered
in an action by the City against the owner of the property and shall be a
lien against such property.[1]
D.
No person shall deny the Chief or his deputies free access
to any property within the City at any reasonable time for the purpose of
making fire inspections. No person shall hinder or obstruct the Fire Inspector
or his deputies in the performance of their duties or refuse to observe any
lawful direction given by them.[2]
