Village of Neshkoro, WI
Marquette County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Neshkoro 4-5-1999 as Secs. 5-2-2 to 5-2-10 and 5-3-1 of the 1999 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 55.
Fireworks — See Ch. 264.
Hazardous materials — See Ch. 285.
Property maintenance — See Ch. 396.
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Neshkoro 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. 
Police authority at fires.
(1) 
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.
(2) 
The Fire Chief may prescribe certain limits in the vicinity of any fire within which no persons, excepting firefighters and police officers and those admitted by order of any officer of the Department, shall be permitted to come.
(3) 
The Chief 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 he/she 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.
B. 
Fire inspection duties.
(1) 
The Fire Chief, or the Chief's designee, shall be the Fire Inspector of the Village of Neshkoro and shall have the power to appoint one or more deputy fire inspectors and shall perform all duties required of fire inspectors by the laws of the state and rules of the Department of Commerce, particularly § 101.14, Wis. Stats.
(2) 
While acting as Fire Inspector pursuant to § 101.14(2), Wis. Stats., the Fire Chief, or any officer of the Fire Department designated by the Fire Chief, shall have the right and authority to enter any building or upon any premises in the Village of Neshkoro at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this Code, he/she may deem necessary. Should the Fire Inspector find that any provisions of this Code relating to fire hazards and prevention of fires are being violated or that a fire hazard exists which should be eliminated, it shall be his/her duty to give such directions for the abatement of such conditions as he/she shall deem necessary and, if such directions be not complied with, to report such noncompliance to the Village Board for further action.
(3) 
The Chief of the Fire Department is required, by himself/herself or by officers or members of the Fire Department designated by him/her as fire inspectors, to inspect all buildings, premises and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of any law or ordinance relating to the fire hazard or to the prevention of fires. Such inspections shall be made at least once in six months in all of the territory served by the Fire Department and not less than once in three months in such territory as the Village Board has designated or thereafter designates as within the Village or as a congested district subject to conflagration or more often as the Chief of the Fire Department orders. Each six-month period shall begin on January 1 and July 1 and each three-month period on January 1, April 1, July 1 and October 1 of each year.
(4) 
Written reports of inspections shall be made and kept on file in the office of the Chief of the Fire Department in the manner and form required by the Department of Commerce. A copy of such reports shall be filed with the Fire Chief.
C. 
Fire Inspectors' handbook. The Fire Inspectors Handbook, Department of Commerce, is hereby adopted and made part of this Code by reference.[1]
[1]
Editor's Note: Original Sec. 5-2-4, Damaging fire hose prohibited; parking by hydrants; blocking fire lanes, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Entering adjacent property. It shall be lawful for any firefighter 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 such fire, and in case any person shall hinder, resist or obstruct any firefighter in the discharge of his/her duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting firefighters in the discharge of their duty.[1]
[1]
Editor's Note: Original subsection (b), Destruction of property to prevent spread of fire, which immediately followed this subsection, and original Secs. 5-2-6, Duty of bystanders to assist, and 5-2-7, Vehicles to yield right-of-way, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
A. 
Open burning prohibited. No person, firm or corporation shall build any outdoor fire within the corporate limits of the Village of Neshkoro excepting as set forth below in this section.
B. 
Exceptions. The prohibition stated in Subsection A shall not apply to the following:[1]
(1) 
Burning containers, under the following guidelines:
(a) 
Any container used for burning shall not exceed 55 gallons in size and must have a screen covering.
(b) 
All containers determined by the Fire Chief to be unsafe and/or located in an unsafe environment will be banned from burning use.
(2) 
Outdoor cooking over a fire contained in a device or structure designed for such use is permissible.
(3) 
Recreational burning pits not exceeding four feet in diameter and not located less than 25 feet from any structure (the burning of clean wood only is permitted and the use of burning pits to burn refuse is prohibited).
(4) 
Controlled burning of grass or similar vegetation for environmental management purposes, with the prior written approval of the Fire Chief, or his designee, may be permitted.
(5) 
Open burning complying with the requirements in Subsection C below.
(6) 
Other occasions of desirable outdoor burning not specified by this subsection, but not as an alternative to refuse removal or disposal for which other methods are available, may be granted single-occasion approval.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Open burning regulations. The following regulations shall be applicable with open burning situations:
(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 plastic, large amounts of construction debris or recyclables.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.
(3) 
The pile of material being burned shall be at least 25 feet away from any structure, wood or lumber pile, wooden fence, trees or bushes.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 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 street, curb, gutter, sidewalk or street right-of-way.
A. 
Declarations of emergency. When there occurs a lack of precipitation, there may exist an extreme danger of fire within the Village of Neshkoro. This extreme danger of fire affects the health, safety and general welfare of the residents of the Village of Neshkoro 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 Village of Neshkoro during said emergency.
B. 
Regulation of fires, burning materials and fireworks. Pursuant to § 166.23, Wis. Stats., and when a burning state of emergency is declared, it may be ordered that a person may not:
(1) 
Set, build or maintain any open fire, except:
(a) 
Charcoal grills using charcoal briquets, gas grills, or campstoves on private property; or
(b) 
Charcoal grills using charcoal briquets, gas grills, or campstoves in Village parks placed at least 20 feet away from any combustible vegetation.
(2) 
Throw, discard or drop matches, cigarettes, cigars, ashes, charcoal briquets 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 combustion 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 Village where adequate fire prevention measures have been taken.
C. 
Period of emergency.
(1) 
The periods of emergency for which this section shall be in effect shall be during such periods that Marquette County, Wisconsin, is under Wisconsin Department of Natural Resources emergency fire regulations banning outdoor smoking and campfires or when necessary as determined by the Village President upon the recommendation of the Fire Chief.
(2) 
Pursuant to § 166.23, Wis. Stats., burning emergencies shall become effective upon the time and date of the Village President declaring 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 Village Board.
The following orders, rules and regulations of the Wisconsin Department of Commerce (formerly the Department of Industry, Labor and Human Relations), 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 fire prevention chapter:
A. 
Ch. Comm 7, Explosives and Fireworks.
B. 
Ch. Comm 10, Flammable and Combustible Liquids.
C. 
Ch. Comm 14, Fire Prevention.
D. 
Ch. Comm 16, Electrical.
E. 
Ch. Comm 32, Public Employee Safety and Health.
F. 
Ch. Comm 40, Gas Systems.
G. 
Ch. Comm 43, Anhydrous Ammonia.
H. 
Chs. Comm 61 to 65, Wisconsin Commercial Building Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).