[HISTORY: Adopted by the Village Board of the Village of
East Troy 4-3-2000 by Ord. No. 2000-2 as Title 5, Ch. 2, and § 5-3-1
of the 2000 Code. Amendments noted where applicable.]
No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the East Troy Area 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 firefighters and police officers,
and those admitted by order of any officer of the Department, shall
be permitted to come.[1]
(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 Department during the progress of a fire.
B.
Fire inspection duties.
(1)
The Fire Chief, or his/her designee, shall be the Fire Inspector
of the Village of East Troy 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 into any building or upon any premises in the Village of East
Troy, 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 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/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 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 hereafter
designates as within the Village, 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.
A.
Driving over fire hose. No person shall willfully injure, in any
manner, any hose, hydrant or fire apparatus belonging to the East
Troy 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.
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/her duty, as is hereinbefore
provided, the person so offending shall be deemed guilty of resisting
firefighters in the discharge of their duty.[1]
B.
Destruction of property to prevent the spread of fire. During the
progress of any fire, the Fire Chief or his/her 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 about to be attached.
[Amended 6-23-2014 by Ord. No. 2014-05]
A.
BONFIRE
CAMPFIRE
CLEAN WOOD
CONTROLLED BURN
OPEN AIR BURNING
OUTDOOR FIREPLACE or OUTDOOR FIRE PIT
YARD WASTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An outdoor fire with a diameter of 40 inches or greater intended
for recreation or celebration, not to exceed five feet in diameter
or a burn material height of two feet, and flames shall not exceed
five feet in height.
An outdoor fire with a diameter of less than 40 inches intended
for recreation or cooking, not including a fire intended for disposal
of waste wood or refuse.
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.
A prescribed burn in which the purpose is forest management
or prairie restoration. The intent of a controlled burn is to reduce
excessive amounts of brush, shrubs and trees to encourage new growth.
A fire in which the materials are burned in the open or within
a contained device such as a fireplace or fire pit.
A portable, manufactured, or permanent fire pit, chiminea,
patio fireplace, burn barrel, or other container made of copper, steel,
clay, cast iron, aluminum, brick, stone or other material intended
to contain a fire within its fire bowl.
Leaves, grass clippings, yard and garden debris and brush,
including clean woody vegetative material no greater than six inches
in diameter. This term does not include stumps, roots or shrubs with
intact root balls or ornamental Christmas trees.
B.
Burning prohibited. No person, firm or corporation shall build any
outdoor fire except as set forth below for the burning of clean wood
and yard waste. This prohibition on burning includes, but is not limited
to, burning of construction waste and debris at construction sites,
treated lumber, tires, shingles or tar paper.
C.
Exceptions.
(1)
Burning of yard waste. Burning of yard waste shall be allowed between
the hours of 9:00 a.m. and 4:00 p.m. Burning of yard waste can be
contained in a fire pit or fireplace or be open air burning.
(2)
Controlled burning for environmental purposes. Controlled burning
of grass or similar vegetation for environmental management purposes
may be permitted with prior notification to the Police Department
and adherence to the following:
(a)
Notification must be made in writing or verbal approval given
by the Police Department. Notification must include date(s), expected
time to commence and conclude, contact person's name, phone number
and address of burn.
(b)
Controlled burning for environmental purposes is only good on
the approved date(s) provided within the notification.
(c)
Notification must be made by the landowner.
(d)
Burning area shall not be located within 50 feet from any structure.
(3)
Recreational fires. Recreational fires shall be completely extinguished
upon completion of the activity.
(a)
Outdoor cooking. Cooking over a fire contained in a device or
structure designed for such use is permissible.
(b)
Grills. For other than one-family and two-family dwellings,
no hibachi, gas-fired grill, charcoal grill or similar devices used
for cooking, heating, or any other purpose shall be used or kindled
on any balcony or under any overhanging portion of a building. Grilling
on ground level is permissible, provided that the grill is at least
10 feet away from any structure. Electrical ranges, grills or similar
electrical apparatus shall be permitted.
(c)
Outdoor fire pits, outdoor fireplaces, campfires, and bonfires.
These devices shall comply with the requirements of NFPA 1 and the
following requirements:
[1]
Portable fire pits and outdoor fireplaces. Portable fire pits
shall not be used or kindled on any balcony or under any overhanging
portion or within 10 feet of any structure. Portable fire pits must
be placed on a noncombustible surface. Portable fire pits shall be
listed by a nationally recognized testing organization or acceptable
to the Fire Chief or designee of the Fire Chief. Only clean, dry wood
can be used. Flammable or combustible liquids shall not be used to
ignite the fire.[1]
[2]
Bonfires may be permitted with prior notification to the Police
Department and adherence to the following:
[a]
Notification must be made in writing or verbal
approval given by the Police Department. Notification must include
date(s), expected time to commence and conclude, contact person's
name, phone number and address of burn.
[b]
A bonfire is permitted only on the approved date(s)
provided within the notification.
[c]
Notification must be made by the landowner.
[d]
Burning area shall not be located within 25 feet
of a structure or combustible material unless contained in an approved
manner.
[e]
Only clean, dry wood can be burned. Flammable or
combustible liquids shall not be used to ignite the fire.
[f]
Noise shall not solely be considered a nuisance
at any time during the bonfire.
D.
Exception regulations.
(1)
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.
(2)
Smoke shall be limited and shall not become a nuisance to neighbors
or impede public roadways.
(3)
All burning with the exception of Subsection C(3)(b), Grills, shall only be ignited when wind speeds do not exceed nine miles per hour.
(4)
No materials may be burned upon any street, curb, gutter or sidewalk.
(5)
No burning may be conducted on days when the Department of Natural
Resources has declared an ozone action day applicable to the Village.
(6)
When weather conditions warrant, the Fire Chief or the Department
of Natural Resources may declare a ban on all burning.
(7)
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.
E.
Enforcement; violations and penalties.
[Added 7-2-2012 by Ord. No. 2012-05]
A.
Mitigation rates.
[Amended 6-15-2015 by Ord. No. 2015-02;2-7-2022 by Ord. No. 2022-02]
(1)
There shall be a charge for the delivery of emergency and nonemergency
services by the Fire Department for personnel, supplies and equipment
to the scene including, but not exclusively for the following incidents:
(a)
Fuel leaks of improperly maintained vehicles.
(b)
Hazardous materials spills and leaks.
(c)
Unattended fires and uncontrolled open burning.
(d)
Specialized rescue: confined space, high or low angle, etc.
(e)
False alarms (fourth or more within one-year period).
(f)
Motor vehicle accidents.
(g)
Other charges as stated in the current East Troy Area Emergency Services
District Mitigation Rate Schedule.
(2)
The mitigation rates shall be based on actual costs of the services
and that which is usual, customary and reasonable, which may include
any services, personnel, supplies, and equipment. The East Troy Area
Emergency Services District shall be authorized to bill and collect
such costs in accordance with the East Troy Area Emergency Service
Mitigation Rate Schedule.
B.
Payment. A claim shall be filed with the responsible party through
his or her insurance carrier. In some circumstances, the responsible
party will be billed directly.
The following orders, rules and regulations of the Department
of Safety and Professional Services and the Department of Agriculture,
Trade and Consumer Protection, all of which are set forth in the Wisconsin
Administrative Code as from time to time amended, are incorporated
herein by reference and adopted as part of this chapter:
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Ch. ATCP 93, Flammable, Combustible and Hazardous Liquids
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Ch. SPS 307, Explosives and Fireworks
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Ch. SPS 314, Fire Prevention
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Ch. SPS 332, Public Employee Safety and Health
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Ch. SPS 340, Gas Systems
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Ch. SPS 343, Anhydrous Ammonia
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Chs. SPS 361 to SPS 366, Commercial Building Code
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Wisconsin Electrical Code
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