Village of Kimberly, WI
Outagamie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Kimberly 10-3-1988 as Secs. 5-2-2 to 5-2-9, 5-3-1 and 5-3-5 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 54.
Brush, grass and weeds — See Ch. 202.
Solid waste — See Ch. 418.
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Kimberly 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 official conducting operations in connection with the extinguishment and control of any fire, explosion or other emergency shall have full authority to direct all operations of fire extinguishment or control and to take the necessary precautions to save life, protect property and prevent further injury or damage. In the pursuit of such operation, including the investigation of the cause of such emergency, the fire official may control or prohibit the approach to the scene of such emergency by any person.
(3) 
No person shall obstruct the operations of the Fire Department in connection with extinguishing any fire or actions relative to other emergencies, or disobey any lawful command of the fire official in charge of the emergency, or any lawful order of a police officer assisting the Fire Department.
(4) 
The fire official in charge of an emergency scene shall have the authority to establish fire line barriers to control access in the vicinity of such emergency and to secure any street or alley. No unauthorized person may cross such fire line barriers.
(5) 
No unauthorized person shall remove, unlock, destroy or tamper with any barricade or sign which has been lawfully installed by the Fire Department or by its order or under its control.
(6) 
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 Kimberly 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 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 Kimberly 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 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 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 fire hazards 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 Administrator.
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 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 duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting firefighters 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.
[Amended 8-1-2011 by Ord. No. 6-2011]
A. 
Purpose. This section is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Village of Kimberly due to the air pollution and fire hazards of open burning, outdoor burning and refuse burning.
B. 
General prohibition on outdoor burning and refuse burning. Open burning, outdoor burning and refuse burning is prohibited in the Village of Kimberly unless the burning is specifically permitted by this section.
C. 
Applicability/exceptions. This section applies to all outdoor burning and refuse burning within the Village of Kimberly except the following.
(1) 
This section does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
(2) 
This section does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in Subsection D of this section.
(3) 
This section does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
D. 
Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CAMPFIRE
A small outdoor fire intended for recreation or cooking not including a fire intended for disposal of waste wood or refuse. A campfire shall not be larger than four feet in diameter.
CLEAN WOOD
Natural wood which has not been painted, varnished or coated with a similar material, has not been pressure-treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
FIRE CHIEF
The Chief of the Village of Kimberly Fire Department or other persons authorized by the Fire Chief.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney.
OUTDOOR BURNING
Open burning or burning in an outdoor wood-fired furnace.
OUTDOOR WOOD-FIRED FURNACE
A wood-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.
REFUSE
Any waste material except clean wood.
E. 
Materials that may not be burned. Unless a specific written approval has been obtained from the Department of Natural Resources, the following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device.
(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 679, 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 must be recycled in accordance with the recycling ordinance.[1]
[1]
Editor's Note: See § 418-10, Mandatory recycling requirement.
F. 
Open burning of leaves, brush, clean wood and other vegetative debris. Open burning of leaves, weeds, brush, stumps, clean wood other vegetative debris is allowed only in accordance with the following provisions:
(1) 
All allowed open burning shall be conducted in a safe nuisance-free manner, when wind and weather conditions are such as to minimize adverse effects and not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.
(2) 
Except for barbecue, gas and charcoal grills, no open burning shall be undertaken during periods when either the Fire Chief or the Wisconsin Department of Natural Resources has issued a burning ban applicable to the area.
(3) 
Fires set for forest, prairie or wildlife habitat management are allowed with the approval of the Fire Chief.
(4) 
Outdoor campfires and small bonfires for cooking, ceremonies or recreation are allowed, provided that the fire is confined by a control device or structure such as a barrel, fire ring, or fire pit. Campfires are not allowed after 11:00 p.m. on Sunday through Thursday and are not allowed after 1:00 a.m. on Saturday and Sunday mornings. Bonfires are allowed only if approved by and in accordance with provisions established by the Fire Chief.
(5) 
In emergency situations such as natural disasters, burning that would otherwise be prohibited is allowed if specifically approved by the Department of Natural Resources.
(6) 
Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire-extinguishing equipment as may be necessary for the total control of the fire.
(7) 
No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or water body.
(8) 
Except for barbecue, gas and charcoal grills, no burning shall be undertaken within 25 feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.
G. 
Burn barrels. No person shall use or maintain a burn barrel in the Village of Kimberly.
H. 
Fire Department practice burns. Except as provided in this section for Fire Department practice burns, an existing unwanted building in the Village of Kimberly may not be burned. A building which is no longer standing may not be used for a practice burn.
(1) 
An existing building may be burned only by the Village of Kimberly Fire Department and only if the Fire Chief determines that the burning is necessary for practice and instruction of firefighters on fire-fighting equipment.
(2) 
Asphalt shingles and asphalt or plastic siding shall be removed prior to the practice burn.
(3) 
A demolition notification shall be submitted to the Department of Natural Resources and all asbestos removed prior to the practice burn.
(4) 
All ash shall be disposed of in an approved landfill or at an alternative location approved by the Department of Natural Resources.
(5) 
At least five days before a planned practice burn, the Fire Chief or designee shall notify residents within 500 feet of the site of the proposed burn.
I. 
Burning permits. No person shall start or maintain any open burning without a burning permit issued by the Village of Kimberly Volunteer Fire Department.
(1) 
An outdoor campfire does not require a permit, provided that the fire complies with all other applicable provisions of this section.
(2) 
When weather conditions warrant, the Fire Chief or the Department of Natural Resources may declare a burning moratorium on all open burning and temporarily suspend previously issued burning permits for open burning.
(3) 
A burning permit issued under this section shall require compliance with all applicable provisions of this section and any additional special restrictions deemed necessary to protect public health and safety.
(4) 
Any violation of the conditions of a burning permit shall be deemed a violation of this section. Any violation of this section or the burning permit shall void the permit.
J. 
Liability. A person utilizing or maintaining an outdoor fire shall be responsible for all fire-suppression costs and any other liability resulting from damage caused by the fire.
K. 
Right of entry and inspection. The Fire Chief or any authorized officer, agent, employee or representative of the Village of Kimberly Volunteer Fire Department or the Village of Kimberly who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section. Note: If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with § 66.0119, Wis. Stats.
L. 
Enforcement and penalties.
(1) 
The Fire Chief or his/her designee and the Village President are authorized to enforce the provisions of this section.
(2) 
The penalty for violation of any portion of this section shall be a forfeiture of not less than $25 or more than $250 plus the cost of prosecution. Penalties are doubled for second and subsequent offenses.
A. 
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 amended, are incorporated herein by reference and adopted as part of this chapter:
(1) 
Chapter Comm 7, Explosives and Fireworks.
(2) 
Chapter Comm 10, Flammable, Combustible and Hazardous Liquids.
(3) 
Chapter Comm 14, Fire Prevention.
(4) 
Chapter Comm 32, Public Employee Safety and Health.
(5) 
Chapter Comm 40, Gas Systems.
(6) 
Chapter Comm 43, Anhydrous Ammonia.
(7) 
Chapters Comm 61 to 65, Commercial Building Code.
(8) 
Wisconsin Electrical Code.
B. 
The NFPA Uniform Fire Code Handbook is hereby adopted by reference and made a part of the Village of Kimberly Fire Prevention Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Conflicting provisions. Whenever any of the provisions of the fire prevention codes enumerated in Subsections A and B conflict, the strictest provision shall apply.
D. 
Violations. Any violation of any provision of the fire prevention codes enumerated herein shall be a violation of this Code.
A. 
All the property located within an area described as an industrial district or commercial district under the Village Zoning Code[1] shall be subject to the regulations of this section.
[1]
Editor's Note: See Ch. 525, Zoning.
B. 
No wooden building now within the said districts which may hereafter be damaged to the extent of 50% of the fair market value thereof may be repaired or rebuilt. The amount or extent of damage shall be determined by the Building Inspector. The decision of the Building Inspector shall be communicated to the owner of the building in writing by certified mail or personal service upon him. If within 10 days of said notice the owner does not raze and remove the building condemned, it shall be considered a nuisance, and the Village shall proceed to have it removed and the cost thereof shall be a lien against the property as a special assessment and shall be collected by the Village Administrator in the same manner as the taxes of the Village.
C. 
No person shall hereafter erect or place or cause to be erected or placed or enlarged or assist in erecting or placing on any portion of the said districts above described any building or structure unless the same is a Type 5 building or better, nor shall any person move or cause to be moved or assist in moving any wooden building or buildings from one location to another within the districts.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
No person shall hereafter erect, build, place or enlarge or cause to be erected, built, placed or enlarged any building or structure within the zones/districts of the Village without a written permit of the Village Building Inspector, upon the order of the Village Board.
E. 
Any person desiring to build, erect, place or enlarge any building or structure within the said zones/districts of the Village shall first make and file with the Building Inspector of said Village an application to the Village Board for permission to do so. The application shall contain the plan and specifications of the proposed building or structure, particularly the kind of material to be used, the length, height and thickness of the external walls thereof and the material of which such walls are to be built, and what openings, if any, are to be in the external walls and roof and with what material such openings shall be covered, and also a description of the lot upon which such buildings or structure is to be placed.[3]
[3]
Editor's Note: Original subsection (f), which defined certain terms by reference to repealed sections of the Wisconsin Administrative Code, and which originally followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).