Town of Vinland, WI
Winnebago County
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Table of Contents
Table of Contents
Public Documents
[HISTORY: Adopted by the Town Board of the Town of Vinland as §§ 5-1-3, 5-1-6, 5-1-8 to 5-1-12, 5-2-1 to 5-2-5, 5-2-7 of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire department — See Ch. 62.
Building construction — See Ch. 190.
Fireworks — See Ch. 224.
Hazardous materials — See Ch. 242.
Property maintenance — See Ch. 309.

§ 217-1 Impeding fire equipment.

No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Vinland Fire Department along the streets, roads and alleys of the Town of Vinland at the time of a fire or when a fire department is using such streets or roads in response to a fire alarm or for practice.

§ 217-2 Driving over fire hose; parking near fire.

A. 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to a fire department, and no vehicle shall be driven over any unprotected hose of a fire department when laid down on any road, 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.
B. 
No parking near fire. It shall be unlawful for any person, in case of a fire, to drive or park any vehicle within 300 feet from the place of fire without the consent and authority of the Fire Chief or any law enforcement officer.

§ 217-3 Duty of bystander to assist.

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.

§ 217-4 Vehicles to yield right-of-way.

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 road until the fire engine and fire trucks and other fire apparatus shall have passed.

§ 217-5 Open burning.

A. 
Open burning restricted.
(1) 
Except as provided herein, no person shall set outdoor fires in the Town without notification hereunder, except for warming the person or cooking food or for small fires specifically permitted below.
(2) 
Open burning permitted by this section shall not commence unless the person conducting the burning shall have first notified the Winnebago County Sheriff's Department of the anticipated controlled burning activity.
(3) 
No call-in is required for the open burning of a very small amount of combustible material.
B. 
Open burning regulations. The following regulations shall be applicable when permitted open burning is conducted:
(1) 
All open burning shall be performed in a safe, pollution-free manner, when wind and weather conditions are such as to minimize adverse effects and in conformance with local and state fire protection regulations. Open burning shall not be used to covertly burn refuse, garbage, plastic, construction debris or other prohibited materials. Permitted open burning is intended to be used for disposal of brush and limited quantities of other combustible materials. Open burning shall not regularly be used as an alternative to proper collection and disposal requirements/services.
(2) 
The size of the pile of material to be burned shall not exceed four feet in any direction measured horizontally or three feet measured vertically, unless a waiver is granted by the Fire Chief.
(3) 
The pile of material being burned shall be at least 30 feet away from any structure, wood or lumber pile, wooden fence, trees or bushes. Provisions shall be made to prevent the fire from spreading to within 30 feet of such items or the fire shall otherwise be contained in a fire department approved incinerator, burner, device or site which is located at least 30 feet from any structure, wood or lumber pile, wooden fence, trees or bushes.
(4) 
Any ashes created by burning such material as is lawful under this section are to be disposed of in a manner authorized by law.
(5) 
Open burning shall be constantly attended and supervised by a competent person of at least 16 years of age until such fire is extinguished. This person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire while burning and/or extinguishing such fire.
(6) 
No materials may be burned upon any road, street, curb, gutter sidewalk or public right-of-way; work conducted by Town or County maintenance personnel are excepted from this prohibition.
C. 
Fire response costs. In the event an open burning event results in a response by the Fire Department and/or other emergency personnel, the cost of such response may, at the Fire Chief's discretion, be billed to the property owner and, if necessary, placed on the property tax roll pursuant to § 66.0703(13), Wis. Stats.

§ 217-6 Fire protection charges.

A. 
State authority. Pursuant to §§  60.55, 60.555 and 60.557, Wis. Stats., the Town of Vinland hereby establishes a policy and procedure for the payment of fire costs incurred by the Town of Vinland, as set forth in this section.
B. 
Liability for fire protection costs. Each owner of real estate located with the Town of Vinland for which the Fire Department provides protection shall be responsible for costs, based upon the following:[1]
Fire Calls by the Town of Vinland Fire Department
Any extra equipment called in to fight the fire not provided by another fire department: actual cost used
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Invoice and payment procedure; special charge and lien. Costs of fire charges under this section shall be paid to the Town Treasurer within 60 days of the date of the bill. Invoices which are unpaid 60 days after their dates shall bear interest at the rate of 10% per annum from the invoice date. Invoices which are outstanding for more than 90 days and are unpaid as of November 1 of any year shall become a lien against the real estate for which fire protection was provided, and this amount, including interest, shall be placed on the tax roll as a delinquent special charge against such real estate pursuant to Wisconsin Statutes.

§ 217-7 Emergency addressing system.

Winnebago County Uniform Addressing System is to provide for a uniform countywide addressing system that will serve the following purposes:
A. 
To aid in the timely and efficient delivery of civil defense, fire protection and emergency services to the citizens of Winnebago County.
B. 
To assist public and private enterprise in the timely and efficient delivery of goods and services to the citizens of the County.
C. 
The Town of Vinland shall require all structures and uses requiring address numbers to be assigned a number by Winnebago County and shall follow all specifications and mounting of all address numbers per Winnebago County Ordinance:
(1) 
Structures and uses requiring an address number shall have the number mounted so it is clearly visible from the abutting roadway in the following manner:[1]
(a) 
Structures located 75 feet or less from the right-of-way of the abutting roadway shall have the option of mounting the assigned number by its main front entrance or posting it at the principal access point.
(b) 
Address numbers shall be posted at the driveway access point if any one of the following occurs:
[1] 
Structures set back more than 75 feet from the right-of-way of the abutting roadway.
[2] 
Structures located in such a manner that the visibility of the address number is obscured or is not discernible from the abutting roadway, regardless of the structure's distance from the road right-of-way. Final determination of the sign visibility shall be within the discretion of the Town of Vinland.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The following specifications shall be followed when mounting address numbers at the driveway access point:
(a) 
Numbers shall be posted on the right side of the driveway access point when viewing the property from the roadway. The sign shall be located no more than 10 feet from the abutting road right-of-way and no more than 20 feet from the edge of the driveway. In some site-specific cases, numbers may be posted on the left side of the driveway when viewing the property from the roadway.
(b) 
The number shall be mounted on a post made of metal or other durable material and shall face the abutting roadway so as to be easily visible. The sign and post shall be maintained by the property owner in an acceptable manner.
(3) 
Although required by the postal service for mail delivery, it shall not be acceptable to use mailboxes as the device for posting address numbers.

§ 217-8 Intent.

It is the purpose of this article to protect the public, employees, firefighters and property from the hazards of fire and explosion by establishing minimum standards, consistent with nationally recognized practice, for the use, operation, maintenance and inspection of new and existing buildings, structures and premises. It is the intent of this article to prescribe regulations consistent with recognized standard practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life and property in the use or occupancy of buildings or premises.

§ 217-9 Adoption of standards.

A. 
This section is adopted pursuant to § 101.14 Wis. Stats., and Wisconsin Administrative Code Ch. SPS 314.
[Amended 8-11-2014, effective 8-15-2014]
(1) 
Fire Prevention; Ch. SPS 314, Wis. Adm. Code, or NFPA1/Wisconsin Administrative Code.[1]
[1]
Editor's Note: Original subsection (2), General orders on existing buildings, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Electrical Code: Ch. SPS 316, Wis. Adm. Code.
(3) 
Commercial Building Code; Chs. SPS 361 to 366 and Appendixes A and B, Wis. Adm. Code.
(4) 
Flammable and Combustible Liquids; Ch. ATCP 93, Wis. Adm. Code.
B. 
The International Fire Code, hereinafter "IFC," as from time to time may be amended, is hereby adopted as though fully set forth herein, with the following exceptions:
(1) 
Chapter 1, "Administration," of the IFC is not included as part of the adoption of the IFC.
(2) 
Chapter 3, Section 307, "Open Burning," is not included as part of the adoption of the IFC.[2]
[2]
Editor's Note: Original subsection (3), pertaining to NFPA codes and standards, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Any fire prevention problem not herein addressed by code or adopted standards will be addressed on the basis of current accepted International Fire Code standards.

§ 217-10 Application to new and existing conditions.

The provisions of this article shall apply equally to new and existing conditions, except that existing conditions not in strict compliance with the terms of this article shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property.

§ 217-11 Orders to eliminate fire hazards.

[Amended 8-11-2014, effective 8-15-2014]
Whenever any of the officers, members or inspectors of a fire department serving the Town shall find any building or upon any premises dangerous or hazardous conditions he/she or they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified in said order.

§ 217-12 Service of orders.

A. 
The service of such orders as mentioned in § 217-11 may be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of the same personally or by delivering the same to and leaving it with any person in charge of the premises or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to and leaving with said person a copy of said order or, if the owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last-known post office address.
B. 
If buildings or other premises are owned by one person and occupied by another under lease or otherwise, the orders issued in connection with the enforcing of the chapter shall apply to the occupant thereof, except where the rules or orders require the making of such additions to or changes in the premises themselves, such as would immediately become real estate and be the property of the owner of the premises; in such cases, the rules or orders shall affect the owner and not the occupant unless it is otherwise agreed between the owner and occupant.

§ 217-13 Banning and/or regulating use during extreme fire danger.

A. 
Declarations of emergency. When there occurs a lack of precipitation, there may exist an extreme danger of fire within the Town of Vinland. This extreme danger of fire affects the health, safety and general welfare of the residents of the Town of Vinland and constitutes a state of emergency. It is hereby found that the regulation of fires, burning materials and fireworks is necessary and expedient for the health, safety, welfare and good order of the Town during said emergency.
B. 
Regulation of fires, burning materials and fireworks. Pursuant to §§ 323.11, 323.14(3)(a), (4), Wis. Stats., and when a burning state of emergency is declared, it may be ordered that a person may not:[1]
(1) 
Set, build or maintain any open fire, except:
(a) 
Charcoal grills using charcoal briquettes, gas grills or camp stoves on private property; or
(b) 
Charcoal grills using charcoal briquettes, gas grills or camp stoves in Town parks placed at least 20 feet away from any combustible vegetation.
(2) 
Throw, discard or drop matches, cigarettes, cigars, ashes, charcoal briquettes or other burning materials while outdoors except into a noncombustible container that does not contain combustible materials.
(3) 
Light or ignite a flare, except upon a roadway in an emergency.
(4) 
Light, ignite or use anything manufactured, processed or packaged solely for the purpose of exploding, emitting sparks or combustible for amusement purposes, including fireworks, firecrackers, bottle rockets, caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains that emit sparks and smoke, except in displays authorized by the Town where adequate fire prevention measures have been taken.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Period of emergency. Burning emergencies shall become effective upon the time and date the Town Chairperson or the Winnebago County Board declares a state of emergency and shall remain in effect until the period of emergency ceases to exist or until the ratification, alteration, modification or repeal of the burning state of emergency by the Town Board or, when applicable, by the Winnebago County Board.