City of Prescott, WI
Pierce County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Prescott as Secs. 5-2-3 to 5-2-10, 5-3-4 and 5-3-5 of the former City Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 87.
Alarm systems and key lock boxes — See Ch. 217.
Building construction — See Ch. 259.
Fireworks — See Ch. 307.
Hazardous materials and pollution — See Ch. 322.
Solid waste — See Ch. 492.

§ 303-1 Impeding fire equipment prohibited.

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

§ 303-2 Police power of Fire Department; investigation of fires.

A. 
Police authority at fires.
(1) 
The Fire Chief and assistants or officers in command at any fire are hereby vested with full and complete police authority at an emergency scene. 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 an emergency scene.
(2) 
The Fire Chief or designee 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 or designee 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 shall be the Fire Inspector of the City of Prescott and shall have the power to appoint one or more deputy Fire Inspectors and shall perform all duties required of the Fire Inspectors 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 City of Prescott at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this Code of Ordinances, 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.
(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 annually in all of the territory served by the Fire Department and more often as the Chief of the Fire Department orders. Repairs or alterations necessary to remove the hazardous condition shall be made within a reasonable time at the expense of the owner. The Inspector shall also investigate the storage and handling of explosives and inflammable liquids within the City.
(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 Fire Chief.

§ 303-3 Damaging fire hose prohibited; parking by hydrants; blocking fire lanes.

A. 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the City or Department, 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 designee or any police officer.

§ 303-4 Firefighter may enter adjacent property.

A. 
Entering adjacent property. It shall be lawful for any firefighter, while acting under the direction of the Fire Chief or designee 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 designee 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.

§ 303-5 Duty of bystanders 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.

§ 303-6 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 street until the fire engine and fire truck and other fire apparatus shall have passed.

§ 303-7 Interference with use of hydrants prohibited.

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.

§ 303-8 Open burning.

[Amended 5-29-2012 by Ord. No. 08-12; 6-23-2014 by Ord. No. 07-14]
A. 
Waste and refuse defined. "Waste and refuse" shall mean all rubbish, garbage and residual matter of any kind, including grass trimmings, leaves and pine needles.
B. 
Recreational burning.
(1) 
The fire pit cannot be more than three feet in diameter.
(2) 
The fire must be contained in a pit, ring or commercial pit.
(3) 
The flame cannot be more then three feet high.
(4) 
The fire must be at least 15 feet from any structure unless in a solid, gas or liquid burning appliance that is tested and listed by an accepted testing agency. The appliance must be installed and used per the manufacturer specifications and listings.
(5) 
No rubbish, yard waste or treated wood is allowed in the fire pit.
(6) 
There shall be no recreational burning in a manufactured and mobile home community.

§ 303-9 Adoption of state codes.

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 time amended and/or renumbered, are incorporated herein by reference and adopted as part of this chapter:
A. 
Chapter SPS 307, Explosives and Fireworks.
B. 
Chapter SPS 310, Flammable, Combustible and Hazardous Liquids.
C. 
Chapter SPS 314, Fire Prevention.
D. 
Chapter SPS 332, Public Employee Safety and Health.
E. 
Chapter SPS 340, Gas Systems.
F. 
Chapter SPS 343, Anhydrous Ammonia.
G. 
Chapters SPS 361 to 366, Wisconsin Commercial Building Code.
H. 
Chapters SPS 375 to 379, Buildings Constructed Prior to 1914.
I. 
The Wisconsin Electrical Code, Volume 2.

§ 303-10 Adoption of national code.

The City of Prescott hereby adopts NFPA1, 2006 Revision, and revisions as amended from time to time, all of which are set forth in the Wisconsin Administrative Code.