[HISTORY: Adopted by the Village Board of the Village of
Argyle as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-7-2005 as Title 5, Ch. 2, Secs. 5-2-1, 5-2-3 and 5-2-12, of the
2005 Village Code]
A.
Goals of the fire defense program.
(1)
The primary objective of the fire defense program is to serve all
citizens, without prejudice or favoritism, by safeguarding, collectively
and individually, their lives against the effects of fires and explosions.
(2)
The second objective of the fire defense program is to safeguard
the general economy and welfare of the community by preventing major
conflagrations and the destruction by fire of industries and businesses.
(3)
The third objective of the fire defense program is to protect the
property of all citizens against the effects of fire and explosions.
All property deserves equal protection, regardless of location or
monetary value.
B.
Fire Department Constitution and Bylaws. The Argyle-Adams Fire Department
("Fire Department" or "Department") is authorized and directed to
adopt a constitution and bylaws for the control, management, government
and regulation of its business and proceedings, except as otherwise
prescribed herein. Said constitution and bylaws shall become effective
and operative after adoption of a two-thirds vote of the members of
the Department. All amendments shall be similarly adopted.
C.
Village Board to authorized fire equipment.
(1)
Authorization. The Village Board shall provide such apparatus and
equipment for the use of the Fire Department as it may deem expedient
and necessary to maintain efficiency and to properly protect life
and property from fire.
(2)
Other use. No apparatus shall be used for any purpose except for
firefighting within the Village limits and such townships under contract,
or in training therefor, except pursuant to an agreement approved
by the Village Board after the Fire Chief has given his/her recommendations
on such use. With the approval of the Fire Chief, such apparatus may
be used for emergency purposes other than firefighting within or out
of the Village.
D.
Organization.
(1)
Composition. The Fire Department shall consist of the following officers:
one Chief, an Assistant Chief, a Captain and Lieutenant for each company
and a Secretary-Treasurer, together with one Master Mechanic and as
many drivers and firefighters who are residents of the Village as
may be appointed by the Chief and approved by the Village Board, provided
that at no time shall the Department consist of less than 20 active
members.
(2)
Active membership. Active membership in the Department shall be governed
by the bylaws of the Department.
(3)
Membership.
(a)
Application for membership. Any person desiring to be a member
of the Fire Department may file with the Secretary of the Fire Department
an application in such form as the Fire Department may require. Each
applicant shall also file a certificate of physical fitness from such
physician as the Chief may designate. If an applicant is approved
by the officers of the Fire Department after a background check, he
or she is placed on a six-month probation, after which he or she is
voted on by the members of the Department.[1]
(b)
Resignations. All resignations from the Department shall take
the same course as applications for and appointments to membership.
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 Fire 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 Fire 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 Fire 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 Argyle 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 Argyle-Adams 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 Argyle 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 Fire Chief 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 each calendar year, with the interval between inspections not
to exceed 15 months, in all 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, and more often
as the Chief of the Fire Department orders.
[Amended 5-1-2019]
(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.
C.
Fire Inspectors Handbook. The Fire Inspectors Handbook, SPS, is hereby
adopted and made part of this Code by reference.
A.
Purpose and authority. This section is enacted pursuant to the authority
of § 66.0608, Wis. Stats, for the purpose of authorizing
"volunteer funds" to be held in the name of the Argyle-Adams Fire
Department. This section is to be interpreted in conformance with
that statute as it may be amended from time to time.
B.
Adoption of authorization. The Fire Chief is authorized to deposit
volunteer company funds of the Fire Department in an account in the
name of the Department in any public depository in which other Village
funds are being held by the Village Clerk-Treasurer or designee.
C.
Control of funds. The Fire Chief is granted exclusive control over
the expenditure of volunteer company funds of the Fire Department.
This authority is granted without limitation as to amount or type
of funds. It is subject to the limitations and requirements hereinafter
set forth.
D.
Limitations and requirements. The following limitations and requirements
shall apply to the handling and disbursement of funds from the account:
(1)
Expenditures. Expenditures withdrawn from the account may be made
only upon majority vote of Volunteer Fire Department members present
at a duly noticed meeting of the Fire Department. Such withdrawals
and expenditures may be made for any purpose that promotes the ability
of the Fire Department to provide services for which it is organized.
(2)
Accountings. The Fire Chief shall provide the Village Board with
a quarterly statement at the end of March, June, September and December
of each calendar year. The statements shall be provided within 30
days of the end of the calendar quarter. The statements shall include
a detailed itemization of all receipts, expenditures, and the balance
on hand at the end of the quarter. The source of all funds and the
identity of the payee for each disbursement shall be set forth.
(3)
Audit. Volunteer Fire Department accounts authorized by this section
shall be included in any audit of Fire Department funds. They shall
be audited in the same manner as other Fire Department funds.
[Adopted 12-7-2011]
There is hereby established the following policy and procedure
for the reimbursement of the fire costs incurred by the named municipality
and townships (the Village of Argyle, Town of Argyle and Town of Adams).
This article is enacted to ensure that those persons and entities
receiving direct benefit from services provided by the Fire Department
pay for some or all of such costs incurred by the Fire Department
and to reduce the economic burden to the general property taxpayers.
Property owners of real estate and/or improvements to real estate
located within the fire district shall be responsible for the costs
of the Fire Department's response and suppression activities associated
with combating such fire, based upon a schedule of cost assessments
attached hereto and made a part hereof.[1] Property included under the terms of this section, but
not limited to the following, shall be structures, grass, crops, woods,
improvements to real estate, and portable structures, equipment, and
personal property.
[1]
Editor's Note: The current schedule of cost assessments, as
amended from time to time by resolution of the Village Board, is on
file in the Village office.
The owner or lessee of any vehicle to which the Fire Department
responds for any fire, potential fire or vehicle accident of any kind,
wherever the same occurs, shall be responsible for the costs of the
Fire Department's response and operations associated therewith, based
upon a schedule of cost assessment attached hereto and made a part
hereof. "Vehicle" shall include, but not be limited to, automobile,
truck, motorcycle, tractor, all-terrain vehicle, snowmobile, horse-drawn
vehicle and farm implement.
There shall be no fee levied under the terms of this article
for the response by the Fire Department to a fire on open land along
any public highway or waterway for which the property owner and/or
lessee, if any, are not responsible for starting the same. This section
shall not apply to any liability of anyone pursuant to § 26.14,
Wis. Stats.
The Fire Board[1] may modify the schedule of assessments at any time, provided
the same is approved by the governing boards of the Village of Argyle,
Town of Argyle and Town of Adams. The Fire Board is hereby authorized
to adopt a scale of additional charges, as said Fire Board determines
necessary, for any additional equipment, Fire Department responders,
and the like used in response to the matters described in this article.
[1]
Editor's Note: The governing body of the Argyle-Adams Fire
Department consists of a six-member Fire Board.
The Fire Board shall direct all charges set forth herein to
the person, persons or entity to whom the services were provided by
the Fire Department. In addition to seeking payment from such person
or entities to whom the services were provided, the Fire Board shall
pursue such claims against any insurer of the responsible party for
whom the services were rendered. Any amounts not paid within 60 days
of the date of billing the responsible party shall be deemed delinquent,
and the Fire Board shall, in its discretion, seek repayment of any
unpaid portion through any legal means available to it. The Fire Board
shall designate such person or entity to act on behalf of the Fire
Board regarding any collection procedures, including representation
in any court proceedings. In addition, the Fire Board shall seek reimbursement
from the State of Wisconsin and/or any county for such amounts as
may be permitted by law.
Nothing contained herein shall prevent the Fire Board from entering
into agreements with other fire districts regarding reimbursement
for costs and expenses to the Fire Department.
Nothing contained herein shall prevent the Fire Board from delegating to the Fire Department the authority to collect the charges set forth in § 40-10 hereof. This article is a supplement to, but does not replace, any other assessment procedures of the Fire Board, the Village of Argyle, the Town of Adams and the Town of Argyle for the operating budget of the Fire Department.
This article shall take effect upon passage by the Town of Adams,
Green County, Wisconsin, the Town of Argyle, Lafayette County, Wisconsin,
and the Village of Argyle, Lafayette County, Wisconsin, and approved
by the joint governing committee of said townships and village.
