Village of Clyman, WI
Dodge County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Clyman as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 53.
Building construction — See Ch. 144.
Fireworks — See Ch. 205.
Hazardous materials — See Ch. 214.
Health and sanitation — See Ch. 219.
Property maintenance — See Ch. 325.
[Adopted as Title 5, Ch. 2, §§ 5-2-2 through 5-2-12, of the 1998 Village Code of Ordinances]

§ 200-1 Impeding fire equipment prohibited.

No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Clyman 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.

§ 200-2 Police power of the Department; investigation of fires.

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, or his designee, shall be the Fire Inspector of the Village of Clyman 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 Village of Clyman 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 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 Village or as a congested district subject to conflagration, and oftener 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 Fire Chief.

§ 200-3 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 Clyman Fire 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 any police officer.

§ 200-4 Firemen may enter adjacent property.

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.

§ 200-5 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.

§ 200-6 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.

§ 200-7 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.

§ 200-8 Open burning.

A. 
Open burning prohibited. No person, firm or corporation shall build any outdoor fire within the corporate limits of the Village of Clyman excepting as set forth in Subsection B of this section and in § 200-11.
B. 
Exceptions.
(1) 
Outdoor burning and cooking as set forth in § 200-11 is permissible;
[Amended 4-30-2002 by Ord. No. 93]
(2) 
Controlled burning of grass or similar vegetation for environmental management purposes, with the prior written approval of the Fire Chief, may be permitted;
(3) 
Ceremonial campfire or bonfires, with prior written approval of the Fire Chief, may be permitted;
(4) 
Other occasions of desirable outdoor burning not specified by this subsection, but not as an alternative to refuse removal or disposal of which other methods are available, may be granted single-occasion approval as in Subsection B(2) and (3) above.
(5) 
Whenever approval and special permit are granted by the Fire Chief under Subsection B(2), (3) and (4) of this section, the permit may specify and be conditioned on observance of safety restrictions and insurance requirements set forth therein.
C. 
Chief may prohibit. The Fire Chief is permitted to prohibit any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous, except on written permit from the Fire Chief, which permit shall designate the time and place for such burning. Notice of designation of a fire danger emergency period shall be made by publication of an appropriate order, once in the official newspaper, to be effective forthwith.
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 his/her fire.
F. 
Open burning regulations. The following regulations shall be applicable when an open burning permit has been issued:
(1) 
All open burning conducted pursuant to a permit shall be performed in a safe, pollution-free manner, when wind and weather conditions are such as to minimize adverse affects, and in conformance with local and state fire protection regulation. Open burning permits shall not be used to covertly burn plastic, construction debris or other prohibited materials.
(2) 
The size of the pile of material to be burned shall not exceed four feet in any direction measured horizontally, or three feet measured vertically.
(3) 
The pile of material being burned shall be at least 50 feet away from any structure, wood or lumber pile, wooden fence, trees, or bushes. Provisions shall be made to prevent the fire from spreading to within 50 feet of such items or the fire shall otherwise be contained in an approved incinerator or burner device which is located at least 15 feet from any structure, wood or lumber pile, wooden fence, trees, or bush(es).
(4) 
Any ashes created by burning such material as is lawful under this section are to be disposed of in a manner authorized by law.
(5) 
Open burning shall be constantly attended and supervised by a competent person of at least 16 years of age until such fire is extinguished. This person shall have readily available for use such fire-extinguishing equipment as may be necessary for the total control of the fire while burning and/or extinguishing such fire.
(6) 
No materials may be burned upon any street, curb, gutter, or sidewalk.
(7) 
Permits shall not be issued for burning barrels.

§ 200-9 Billing for fire calls.

The Village may bill the owner of real (i.e., real estate) or personal (i.e., vehicles) property within the Village to which a fire response is made by the Fire Department for the expense of the Department's fire response and fire control measures. The Village Board shall adopt by resolution a fee schedule for types of fire protection services. Bills shall be payable within 30 days of the statement date; if not paid within such 30 days, interest will accrue at the rate of 1 1/2% per month. Bills not paid by November 1 shall be added as a special charge upon the real estate tax rolls, pursuant to § 66.0703, Wis. Stats. The Village Board may modify or waive such billing requirements which are in the public interest due to unique circumstances regarding the fire or fire call.

§ 200-10 Regulations during existence of extreme fire danger.

A. 
Declarations of emergency. When there occurs a lack of precipitation, there may exist an extreme danger of fire within the Village of Clyman. This extreme danger of fire affects the health, safety and general welfare of the residents of the Village of Clyman and constitutes a state of emergency. It is hereby found that the regulation of fires, burning materials, and fireworks is necessary and expedient for the health, safety, welfare and good order of the Village during said emergency.
B. 
Regulation of fires, burning materials and fireworks. Pursuant to § 323.14(3)(a) and (4), Wis. Stats., and when a burning state of emergency is declared, it may be ordered that a person may not:
(1) 
Set, build, or maintain any open fire, except:
(a) 
Charcoal grills using charcoal briquets, gas grills or camp stoves on private property; or
(b) 
Charcoal grills using charcoal briquets, gas grills, or camp stoves in Village parks placed at least 20 feet away from any combustible vegetation.
(2) 
Throw, discard, or drop matches cigarettes, cigars, ashes, charcoal briquets or other burning materials while outdoors except into a noncombustible container that does not contain combustible materials.
(3) 
Light or ignite a flare, except upon a roadway in an emergency.
(4) 
Light, ignite or use anything manufactured, processed, or packaged solely for the purpose of exploding, emitting sparks or combustion for amusement purposes, including fireworks, firecrackers, bottle rockets, caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains that emit sparks and smoke, except in displays authorized by the Village where adequate fire prevention measures have been taken.
C. 
Period of emergency. Pursuant to § 323.14(3)(a) and (4), Wis. Stats., burning emergencies shall become effective upon the time and date of the Village President declaring a state of emergency and shall remain in effect until the period of emergency ceases to exist or until the ratification, alteration, modification, or repeal of the burning state of emergency by the Village Board.

§ 200-11 Outdoor fireplaces and outdoor cooking facilities.

[Amended 4-30-2002 by Ord. No. 93]
A. 
Permanent outdoor grilles, braziers, and similar appliances intended for the preparation of food shall be located and constructed in a manner approved by the Fire Chief. Portable braziers, grilles and similar appliances used for the preparation of food may be used in any location which is not hazardous to life or property. No portable braziers, grilles or similar appliances shall be permitted on or under any abovegrade combustible balcony or rescue platform.
B. 
Permanent outdoor fireplaces shall be located and constructed in a manner approved by the Fire Chief and the Chief Building Inspector. Portable fireplaces intended for the purpose of outdoor recreational fires shall be approved by the Underwriters Laboratory, Factory Mutual, or other suitable testing agency authorized by the Chief of the Fire Department. Portable fireplaces, including chimineas, may only be used on noncombustible surfaces, such as dirt, grass or concrete.
C. 
The use of all outdoor fireplaces shall adhere to the following guidelines:
(1) 
Outdoor burning shall be prohibited when local circumstances make the fires potentially hazardous. Local circumstances include, but are not limited to, thermal inversions, wind, ozone alerts and very dry conditions.
(2) 
Materials and fuels used in outdoor fireplaces may not include rubbish, garbage, trash, construction waste, any material made of or coated with rubber, plastic, leather, hazardous chemical, or petroleum-based materials, or any material that produces offensive smoke or odors.
D. 
Any fire in an outdoor fireplace or cooking facility which a reasonable person might consider to be smoky and/or otherwise offensive may be ordered extinguished by a law enforcement officer or officer of the Fire Department and officials listed in § 26-2 of the Village Code.

§ 200-12 Replacement of special foam used to fight fire contaminants.

[Added 3-24-2008 by Ord. No. 2008-01]
A. 
Pursuant to an agreement entered into with the Clyman Fire Department and the Dodge County Chief's Association, regarding the purchase of a used foam trailer and foam to be used in the event of a serious contaminant fire, if said fire would occur to a company or individual residing in the Village of Clyman, the Village of Clyman will be responsible to replace said foam as soon as possible. So as to not put a financial strain on the Village of Clyman and its Fire Department finances by having to replace said foam, the Village of Clyman shall submit an invoice to the responsible Village of Clyman business or resident to cover the cost of the replacement of said foam. In addition, said invoice shall include a four-percent administration fee.
B. 
Penalties. In the event the bill is not paid, then the unpaid bill or portion of the bill shall be placed on the real estate tax bill for the nonpaying property owner and collected as a special charge. Further, if the aforementioned bill is not paid within 30 days, then interest at the rate of 12% per annum shall be added to the entire bill.
[Adopted as Title 5, Ch. 3, § 5-3-1, of the 1998 Village Code of Ordinances]

§ 200-13 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 amended, are incorporated herein by reference and adopted as part of this Fire Prevention Chapter:
A. 
Ch. SPS 332, Public Employee Safety and Health.
B. 
Ch. SPS 307, Explosives and Fireworks.
C. 
Ch. SPS 310, Flammable, Combustible and Hazardous Liquids.
D. 
Ch. SPS 340, Gas Systems.
E. 
Ch. SPS 314, Fire Prevention.
F. 
Ch. SPS 332, Public Employee Safety and Health.
G. 
Ch. SPS 343, Anhydrous Ammonia.
H. 
Ch. SPS 361, Administration and Enforcement.
I. 
Ch. SPS 362, Buildings And Structures.
J. 
Ch. SPS 363, Energy Conservation.
K. 
Ch. SPS 364, Heating, Ventilating And Air Conditioning.
L. 
Ch. SPS 365, Fuel Gas Appliances.
M. 
Wisconsin Electrical Code.