Village of Luck, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Luck 1-6-1988 as Secs. 3-2-3 to 3-2-10 and 3-3-1 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 64.
Alarm systems — See Ch. 190.
Blasting — See Ch. 223.
Building construction — See Ch. 238.
Fireworks — See Ch. 307.
Hazardous materials — See Ch. 328.
Nuisances — See Ch. 410.
Property maintenance — See Ch. 437.
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Luck 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 firemen and policemen 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 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 shall be the Fire Inspector of the Village of Luck and shall have the power to appoint one or more Deputy Fire Inspectors and shall perform all duties required of the Fire Inspector by the laws of the state and rules of the Department of Safety and Professional Services, 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 Luck at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this Code, he 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 duty to give such directions for the abatement of such conditions as he shall deem necessary and, if such directions are 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 or by officers or members of the Fire Department designated by him 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 fire limits or as a congested district subject to conflagration, and 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 Safety and Professional Services. A copy of such reports shall be filed with the Village Clerk-Treasurer.
A. 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Village, 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.
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 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.
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 and 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 Luck, except as set forth in Subsection B of this section.
B. 
Exceptions.
(1) 
Outdoor cooking over a fire contained in a device or structure designed for such use.
(2) 
Controlled burning of grass or similar vegetation for environmental management purposes, with the prior written approval of the Fire Chief.
(3) 
Ceremonial campfires or bonfires, with prior written approval of the Fire Chief.
(4) 
Controlled burning of dry leaves, paper, cardboard, wood and other nonoffensive dry yard debris, provided that such burning is:
(a) 
Monitored by a responsible person until the fire has extinguished itself completely.
(b) 
Conducted on days when excessive wind or atmospheric conditions will not result in danger to public health or safety.
(c) 
Located off the public street pavement or street gutter.
(d) 
Located at least 30 feet from any neighboring residence.
(e) 
Not used for covert incineration of plastic, garbage or other offensive substances or materials.
(5) 
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 as in Subsection B(2) and (3) above.
(6) 
Whenever approval and special permit are granted by the Fire Chief under Subsection B(2), (3) and (5) of this section, the permit may specify and be conditioned on observance of safety restrictions and insurance requirements set forth therein.
C. 
President may prohibit. The Village President is permitted to prohibit any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous.
D. 
Burning on streets. No materials may be burned upon any street, curb, gutter or sidewalk.
E. 
Liability. Persons utilizing and maintaining outdoor fires shall be responsible for any liability resulting from damage caused by their fire.
The following orders, rules and regulations of the Department of Safety and Professional Services, 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:
Chapter SPS 307, Explosives and Fireworks
Chapter SPS 310, Flammable, Combustible and Hazardous Liquids
Chapter SPS 314, Fire Prevention
Chapters SPS 320 to 325, Uniform Building Code
Chapter SPS 332, Public Employee Safety and Health
Chapter SPS 340, Gas Systems
Chapter SPS 343, Anhydrous Ammonia
Chapters SPS 361 to 366, Wisconsin Commercial Building Code
Wisconsin Electrical Code
[Added 4-11-2012; amended 10-14-2015]
An outdoor wood-fired furnace may be installed and used in the Village of Luck only in accordance with the following provisions:
A. 
As conditional use. Outdoor wood-fired furnaces shall be considered conditional use and may be permitted in residence districts pursuant to this article.
B. 
All outdoor wood-fired furnaces under this section must meet current federal Environmental Protection Agency requirements and specifications.
C. 
Materials that may not be burned:
(1) 
Rubbish or garbage, including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.
(2) 
Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to the restrictions in Ch. NR 590, Wis. Adm. Code.
(3) 
Asphalt and products containing asphalt.
(4) 
Treated or painted wood, including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
(5) 
Any plastic material, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(6) 
Rubber including tires and synthetic rubber-like products.
(7) 
Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with the Recycling Ordinance, except as provided in § 302-8B(4) of this chapter.
D. 
The outdoor wood-fired furnace shall be located at least 200 feet from the nearest building which is not on the same property as the outdoor wood-fired furnace.
E. 
The outdoor wood-fired furnace shall have a chimney that extends at least 15 feet above the ground surface. If there are any residences within 200 feet, the chimney shall also extend at least as high above the ground surface as the height of the roofs of all such residences. The Fire Chief may approve a lesser height on a case-by-case basis if necessary to comply with manufacturer's recommendations and if the smoke from the lower chimney height does not create a nuisance for neighbors.
F. 
The owner of the outdoor wood-fired furnace shall obtain an annual permit from the Fire Chief in accordance with this section.
G. 
Outdoor wood-fired furnaces deemed a nuisance by the Village are subject to removal at the Village's discretion.
H. 
The outdoor wood furnace shall only be operated from October 1 through April 30. The outdoor wood furnace may not be used from May 1 until September 30 for any reason.