The volunteer fire company organized under Ch. 213,
Wis. Stats., under the title of Montello is hereby disbanded pursuant
to § 213.04, Wis. Stats. In lieu thereof the members of
such fire organization are hereby officially recognized as the Fire
Department of the City of Montello, and the duty of fire fighting
and the prevention of fires in the City of Montello is delegated to
such Department. Its organization and internal regulation shall be
governed by the provisions of this article and by such bylaws adopted
by the Department as are approved by the Common Council, except as
is otherwise provided by law and ordinance.
The Montello Fire Department is hereby authorized
and directed to adopt bylaws for the control, management and government
and for the regulation of business and proceedings of the Department,
which bylaws, after adoption by a two-thirds vote of the members of
the Department, shall not become effective and operative until presented
to and approved by the Common Council. Amendments shall be adopted
in the same manner.
The Common Council shall appropriate funds to provide
for operation and for such apparatus and equipment for the use of
the Fire Department as it may deem expedient and necessary to maintain
efficiency and properly protect life and property from fire.
The Fire Department shall consist of the following
officers: one Chief, a First and Second Assistant Chief, a Captain
and Lieutenant for each company and a Secretary-Treasurer, together
with one master mechanic and as many drivers and firemen who live
or normally work within the City of Montello as may be appointed by
the Chief and approved by the Common Council, provided that at no
time shall the Department consist of fewer than 22 active members.
Any person desiring to be a member of the Fire Department may file with the Secretary-Treasurer an application in such form as prescribed by the bylaws of the Fire Department adopted under § 36-10.
Active membership in the Department shall cease at
the age of 60 unless the Common Council shall by a majority vote approve
of the person continuing as an active member. Upon reaching the age
of 60, active members shall become honorary members and be relieved
from fire-fighting duties.
All resignations from the Department shall take the
same course as application for membership, through the Membership
and Property Committee of the Fire Department.
Any disciplinary action within the Department initiated
by the Chief shall be referred to the Membership and Property Committee.
Any action taken must be approved by three-fourths vote of the active
members present at that meeting. It may be appealed to the Common
Council through the Safety Committee.
The Department shall organize into one or, at the
option of the Chief, into two or more companies. The Chief may at
any time make transfers which he deems necessary between companies.
The election of the Secretary-Treasurer 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 President shall appoint a member in good standing
to fill the office until the next annual election.
The Chief shall be at the head of the Department,
subject to the laws of the State of Wisconsin, ordinances of this
City and the rules and regulations herein adopted.
It shall be the duty of the Chief to be present at
all fires, to have complete command of and entire responsibility for
all fire-fighting operations, to plan the control of the same, to
direct the action of the companies when they arrive at a fire, to
observe that every company does its duty, to grant leaves of absence
at a fire when he may deem it proper and to see that the fire apparatus
is kept in proper condition at all times.
The Chief shall recommend to the Membership and Property
Committee to demote or expel any officer or member of the Department
for neglect or refusal to perform his departmental duties, such demotion
or expulsion to be subject to an appeal to the Common Council through
the Safety Committee.
Not later than October 1 of each year, the Chief shall
file with the Safety Committee a detailed estimate of the appropriations
needed for the conduct of the Department during the ensuing fiscal
year.
It shall be the duty of the Chief to submit a written
report to the Common Council 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
fires occurring since the previous report, the date of the same and
loss occasioned thereby, the number of members of each company, 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.
He shall enforce all fire prevention ordinances of
this City 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.
He shall keep a fire record book of every fire to
which any company was called and shall enter in such book the locality
of fire, time alarm was received, cause of fire, where fire started,
cause of delay (if any) in responding, method of extinguishment and
equipment used, amount of insurance carried on buildings and contents,
estimated fire loss, time fire was extinguished, names of men responding
and general remarks.
He shall keep an inventory of all apparatus and equipment
with replacement costs and an inventory of all hose showing dates
and results of tests on each length, which shall be individually identified.
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.
No apparatus shall be used for any purpose except
for fire fighting within the City limits, or in training therefor,
except pursuant to an agreement approved by the Common Council 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.
The Chief and assistants or officers in command at
any fire are hereby vested with 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.
The Fire Chief may prescribe certain limits in the
vicinity of any fire within which no persons, excepting firemen and
policemen and those admitted by order of any officer of the Department,
shall be permitted to come. The Chief shall have the power to cause
the removal of any property whenever it shall become necessary for
the preservation of such property or to prevent the spreading of fire
or to protect the adjoining property, and during the progress of any
fire he shall have the power to 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.