[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.]
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.
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:
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Chapter SPS 307, Explosives and Fireworks
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Chapter SPS 310, Flammable, Combustible and Hazardous Liquids
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Chapter SPS 314, Fire Prevention
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Chapters SPS 320 to 325, Uniform Building Code
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Chapter SPS 332, Public Employee Safety and Health
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Chapter SPS 340, Gas Systems
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Chapter SPS 343, Anhydrous Ammonia
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Chapters SPS 361 to 366, Wisconsin Commercial Building Code
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Wisconsin Electrical Code
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[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.
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.
