Village of Monticello, WI
Green County
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Table of Contents
Table of Contents
(a) 
Fire Department recognized. The Volunteer Fire Department of the Village of Monticello and the Towns of Mount Pleasant and Washington (MMPW-FD) is officially recognized as the Fire Department serving the Village of Monticello, and the duties of firefighting and fire prevention in the Village are delegated to such Department. The Monticello Volunteer Fire Department shall be responsible for the program of fire defense for the citizens and property within the Village of Monticello.
(b) 
Fire protection agreement. The Village of Monticello, surrounding municipalities, and the Volunteer Fire Department have entered into a contract under § 66.0301, Wis. Stats., for the operation of a Fire District under the management of the Fire Board. Such contract is on file with the Village Clerk-Treasurer and shall govern the operation of the Department and the relation of the Village thereto.
(c) 
Appropriations. The Village Board shall appropriate funds for Fire Department operations and for such apparatus and equipment for the use of the Fire Department as the Board may deem expedient and necessary to maintain efficiency and properly protect life and property from fire.
(d) 
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.
(e) 
Organization. The Volunteer Fire Department of the Village of Monticello and the Towns of Mount Pleasant and Washington (MMPW-FD) shall consist of the Chief, a First Assistant Chief, a Secretary and a Treasurer and such other officers as may be deemed necessary, together with as many drivers and firemen who live and normally work within the fire district as may be appointed by the Chief and approved by the Fire Board, provided that at no time shall the Department consist of less than 22 active members. The Fire Chief shall be selected pursuant to § 2-3-6 of this Code of Ordinances.
(f) 
Departmental bylaws. The MMPW-FD shall adopt bylaws and amendments thereto for the control, management, government and the regulation of business and proceedings of the Department, which bylaws shall be adopted by a 2/3 vote of the members of the Department and shall be subject to approval of the Fire Board.
(g) 
Election of officers; vacancies. The officers of the Department shall be elected annually by the members thereof and confirmed by the Fire Board and shall hold office for a term of one year or until their successors are elected and qualified unless removed for cause by action of the members of the Fire Board. In case of a vacancy in any office, a successor shall be elected by the members and confirmed by the Fire Board and shall hold office until the next annual election.
(h) 
Appointment of firefighters.
(1) 
Application. Any person desiring to be a member of the Fire Department shall file an application with the Secretary in such form as may be required. Each application shall be accompanied by a certificate of applicant's physical fitness from such physician as the Chief may designate.
(2) 
Appointment. If the application is approved by the Chief, it shall be submitted to the Fire Department for confirmation.
(3) 
Qualifications. No person shall be eligible for recruitment as a member in the Fire Department unless he/she is a resident of the Fire District between the ages of 18 and 45 and of good moral character.
(4) 
Removal. Members of the Department may be removed or expelled for neglect or refusal to perform departmental duties by a majority vote of the members of the Fire Board after a hearing on the matter and receiving the recommendations of the Chief.
(5) 
Compensation. Firefighters shall receive compensation in an amount determined by the Fire Board.
(i) 
Use of apparatus. No apparatus shall be used for any purpose except for firefighting, or in training therefor, except pursuant to an agreement approved by the Fire Board after the Chief has given his/her recommendations on such use. With the approval of the Chief, such apparatus may be used for emergency purposes other than firefighting within the district.
(a) 
The Fire Board shall consist of seven members with equal voting rights designated as follows:
(1) 
The Village President of Monticello, who will act as Chairperson of the Fire Board, and one Village Trustee as appointed by the President and approved by the Village Board;
(2) 
The Chairperson of the Town of Mount Pleasant and one Town Supervisor as appointed by the Chairperson and approved by the Town Board;
(3) 
The Chairperson of the Town of Washington and one Town Supervisor as appointed by the Chairperson and approved by the Town Board;
(4) 
The Fire Chief as elected annually by the Fire Department and approved by the Fire Board.
(b) 
The members of the Fire Board shall be appointed annually to serve one year terms. The Fire Board shall annually elect a Secretary-Treasurer for the Fire Board. In the absence of the Village President, the Fire Board shall appoint a chairperson of the Board among those present to conduct a meeting. They shall hold meetings as necessary to discharge their responsibilities, which include the policy making supervision of the affairs of the Volunteer Fire Department of the Village of Monticello, Town of Mt. Pleasant, and Town of Washington. They shall advise their respective Village and Town Boards concerning matters affecting the Fire Department, and they shall hear grievances initiated by members or officers of the Fire Department. They shall carry out the duties and have the powers authorized by this chapter.
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the MMPW Volunteer 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 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 shall be the Fire Inspector of the Village of Monticello 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 Industry, Labor and Human Relations, 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 Monticello at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this Code of Ordinances, 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 six 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 Industry, Labor and Human Relations. A copy of such reports shall be filed with the Fire Chief.
(a) 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Monticello Volunteer 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 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.
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 or any hydrant to which a fire hose may be, or may about to be, attached.
(a) 
Open burning prohibited. No person, firm or corporation shall build any outdoor fire within the corporate limits of the Village of Monticello excepting as set forth in Subsection (b) of this section. This prohibition on burning includes burning of construction waste and debris at construction sites.
(b) 
Exceptions.
(1) 
Outdoor cooking over a fire contained in a device or structure designed for such use is permissible;
(2) 
Controlled burning of grass or similar vegetation for environmental management purposes, with the prior written approval of the Fire Chief, may be permitted; this exception is not to be used for the burning of grass, leaves or other lawn debris;
(3) 
Ceremonial campfire or bonfires, with prior written approval of the Fire Chief, may be permitted;
(4) 
Controlled burning of dry leaves and other non-offensive dry yard debris during the periods of April 1 through May 31, and October 1 through November 30 of each year, between the hours of 3:00 p.m. and 7:00 p.m., except Sundays when such burning is prohibited, provided, however, that such burning is:
a. 
Monitored by a responsible person until the fire has extinguished itself completely;
b. 
Conducted on days when excessive wind or atmospheric conditions will not result in danger to public health or safety;
c. 
Located off the public street pavement or street gutter;
d. 
Located at least 30 feet from any neighboring residence;
e. 
Not used for covert incineration of offensive substances or materials;
(5) 
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 Subsections (2) and (3) above.
(6) 
Outdoor burning in a barrel or incinerator which is covered by a screen or grate and located a minimum of 25 feet from a dwelling is permissible, provided that such burning barrel/incinerator is not used for covert incineration of offensive substances or materials. Such burning is permissible between the hours of 6:00 a.m. and 4:00 p.m., except Sundays when such burning is prohibited.
(7) 
Whenever approval and special permits are granted by the Fire Chief under Subsection (b)(2), (3) and (5) 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 Village Board may prohibit any or all bonfires and outdoor fires when atmospheric conditions or local circumstances make such fires hazardous.
(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 fire.
[Added 11-3-2010 by Ord. No. 2010-1103]
An outdoor solid fuel-fired furnace may be installed and used in the Village only in accordance with the following provisions:
(a) 
Definitions.
OUTDOOR SOLID FUEL-FIRED FURNACE
A device designed for solid fuel combustion so that usable heat is derived for the interior of a building, and includes solid fuel-fired stoves, and furnaces and combination fuel furnaces or boilers which burn solid fuel in combination or alternatively to any other fuel.
PERSON
An individual, partnership, corporation, company or other association.
PUBLIC NUISANCE
That any act or failure to perform a legal duty required by this section is declared a public nuisance.
(1) 
Any dense smoke, noxious fumes, gas or soot, or cinders, wood, wood by-products or other solid fuels in unreasonable quantities may be declared a public nuisance by the Village or its agents. For storage of wood and wood by-products See § 13-1-141.
STACKS or CHIMNEYS
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel-fired furnace including that part of such structures extending above its roof.
(b) 
Requirements.
(1) 
No person shall construct, install, establish, operate or maintain an outdoor solid fuel-fired furnace without first having obtained a permit from the Village.
(2) 
No person shall construct, install, establish, operate or maintain an outdoor solid fuel-fired furnace in a way other than in compliance with the applicable sections of the Section and subject to inspection by the Building Inspector and/or Fire Chief.
(3) 
No person shall operate an outdoor solid fuel-fired furnace unless such operation conforms with the manufacturer's instructions regarding such operation and the requirements of this section.
(4) 
Each new outdoor solid fuel-fired Furnace shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this section. In the event of a conflict between the requirements of this section and the manufacturer's instructions, the stricter requirement shall apply.
(5) 
The owner of a new outdoor solid fuel-fired furnace shall produce the manufacturers' owner's manual to the Building Inspector and/or Fire Chief or his or her designee to review prior to installation.
(6) 
Each new outdoor solid fuel-fired furnace shall be laboratory tested and listed to appropriate safety standards such as Underwriters Laboratory (UL), American National Standards Institute (ANSI) or other applicable safety standards.
(7) 
An outdoor solid fuel-fired furnace shall not be located closer than 50 feet from the nearest building which is not on the same property as the outdoor solid fuel-fired furnace.
(8) 
Each outdoor solid fuel-fired furnace shall have a stack or chimney that extends at least 15 feet above the ground surface and must be so constructed to withstand high winds or other related elements. If there are any residences within 100 feet of the outdoor solid fuel-fired furnace, the chimney shall also extend at least as high above the ground surface as the height of the roofs of all such residences. The Building Inspector may approve a lesser height on a case by case basis to comply with the manufacturers recommendations and if the smoke from the lowered chimney does not create a nuisance.
(9) 
If an outdoor solid fuel-fired furnace creates a public nuisance, then the owner of such outdoor solid fuel-fired furnace shall abate such public nuisance by:
a. 
Relocating the outdoor solid fuel-fired furnace.
b. 
Extending the chimney.
c. 
Both relocating the outdoor solid fuel-fired furnace and extending the chimney until reasonable steps can be taken to ensure that the outdoor solid fuel-fired furnace will not be a nuisance.
d. 
Ceasing all operations of the outdoor solid-fuel-fired furnace until reasonable steps can be taken to ensure that the furnace will not be a nuisance.
(10) 
Outdoor solid fuel-fired furnaces shall be constructed, established, installed, operated and maintained as follows:
a. 
Fuel burned in an outdoor solid fuel-fired furnace shall be only clean wood, wood pellets, corn products, biomass pellets or other fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas or propane backup.
b. 
Use of the following fuels in an outdoor solid fuel-fired furnace is strictly prohibited:
1. 
All rubbish or garbage including, but not limited to, food wastes, food packaging and food wraps.
2. 
Plastic materials including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
3. 
Rubber, including tires or other synthetic rubber-like products.
4. 
Newspaper, cardboard, or any paper with ink or dye products.
5. 
Asphalt and asphalt containing products, 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.
6. 
Any other items not specifically allowed by this section.
c. 
New outdoor solid fuel-fired furnaces, other than EPA OWHH Phase 1 Program (Environmental Protection Agency emission standards for Outdoor Solid Fuel-Fired Hydronic Heaters) qualified models shall be located on the property as follows:
1. 
At least 25 feet from the property line.
2. 
In compliance with the manufacturer's recommendation and or requirements for clearance to combustible materials.
3. 
At least 50 feet from any residence that is not served by the outdoor solid fuel-fired furnace.
(11) 
Any existing non-complying installation shall be removed, replaced or brought into compliance within a period of six months from the effective date of this section.
(c) 
Right of entry and inspection. The Building Inspector and/or Fire Chief may inspect any property for the purpose of enforcing or ascertaining compliance with any provisions of this section.
(d) 
Enforcement and penalties.
(1) 
Enforcement. The Building Inspector, Fire Chief or other designated Village officials authorized to enforce the provisions of this section.
(2) 
Penalties.
a. 
A person who violates any provision of this section shall be subject to the general penalty found in § 1-1-7.
b. 
In addition to the forfeiture provided in § 1-1-7, a person who violates this section shall pay to the Village reasonable costs incurred for prosecution of such violation.
[Added 11-3-2010 by Ord. No. 2010-1103A]
The property owner, renter or consumer for which fire protection or first response services are utilized shall be responsible for all costs charged to the Village of Monticello by the Monticello Fire Department/District. After billing has been received from the Monticello Fire Department/District, the Village Clerk shall send billing to the appropriate owner, renter or consumer.