Ordinance Governing the Organization and Regulation of the Cornucopia Fire Department
Ordinance #2021-2

SECTION (1) – TITLE

This ordinance is entitled the Town of Bell Ordinance Governing the Organization and Regulation of the Cornucopia Fire Department

SECTION (2) – PURPOSE

The members of the Cornucopia Fire Department are hereby officially recognized as the Fire Department of the Town of Bell and the duty of firefighting and the prevention of fires in the Town of Bell is delegated to such department. Its organization and internal regulation shall be governed by the provisions of this ordinance and by such laws adopted by the department as are approved by the Town Board, except as is otherwise provided by law and ordinance.

SECTION (3) – AUTHORITY

The Town of Bell hereby provides for fire protection for the town under the authority of Wisconsin Statute 60.55

The Town Board of the Town of Bell does ordain as follows:

SECTION (4) –

1. The Cornucopia Fire Department is hereby authorized and directed to adopt by≠ laws for the control, management and government for the regulation business and proceedings of the department, which by-laws, after adoption by a 2/3 vote of the members of the department shall not become effective and operative until presented to and approved by the Town of Bell Board. Amendments shall be adopted in the same manner.

2. The Town Board shall appropriate funds to provide for operation and for such apparatus and equipment for use by the fire department as it may deem
expedient and necessary to maintain efficiency and properly protect life and property.

3. The officers and members of the fire department shall receive such compensation from the Town as may from time to time be fixed by the Town Board.

SECTION (5) – ORGANIZATION AND MEMBERSHIP

1. The fire department shall consist of the following officers, all of whom shall be elected by the membership of the department at the annual Fire Department meeting and as many firefighters who live and normally work within the Town of Bell as may be nominated or appointed by the Fire Chief and approved by the fire department and Town Board:
a. one Fire Chief
b. one Assistant Fire Chief
c. Fire Captains
d. a Secretary-Treasurer

All Fire Officers, except Secretary-Treasurer, shall meet training requirements outlined in Wisconsin Administrative Code SPS 330

2. Appointment of Fire Chief
a. A vacancy in the office of the Fire Chief shall be filled by a majority vote of the volunteer fire department and Town Board.
b. Upon creation of a vacancy of the office of Fire Chief, the ranking officer shall perform the duties of the Fire Chief until such vacancy has been filled.
c. Upon election, the Fire Chief shall immediately assume office and shall hold office until a successor is elected and qualified.
d. The Fire Chief may be removed for cause after a hearing by action of 2/3 of the members of the Town Board and 2/3 vote of the fire department, unless services be sooner terminated by resignation, change of residence to outside the Town of-Bell limits or death.

3. Membership
a. Any person desiring to be a member of the fire department may file with the Fire Chief or designee an application in such form as the Town Board may require. The name of any applicant approved by the Fire Chief as provided in the by-laws shall be presented to the Town Board for confirmation.
b. All resignations from the department shall take the same course as applications for and appointment to membership.
c. Any member of officer of the department who has been expelled or demoted for any offense or neglect of duty or insubordination shall have the right to appear before the members of the Town Board and state why such penalty should not be confirmed. The Town Board may by a 2/3 vote of the members of the Town Board may order the Fire Chief to reinstate the member or officer. The secretary-treasurer shall report the name of each person expelled or demoted to the Town Board.
d. The election of all officers and such social officers as the by-laws may require, shall be held at the annual Fire Department Meeting.

SECTION (6) – POWERS AND DUTIES OF THE FIRE CHIEF

The Fire Chief Shall:

1. Have general supervision of the department, subject to this ordinance and the bylaws of the department shall be responsible for the personnel and general efficiencies of the department.
2. Preside at all meetings of the department, to call special meetings, to preserve order, to decide all points of order that may arise and to enforce a rigid observance of this ordinance and the bylaws.
3. Ensure a command structure is in place at all fires and emergency responses in accordance with a recognized incident command system.
4. Have the power to demote or expel any officer or member of the department for neglect or refusal to perform his/her departmental duties, such demotion or expulsion to be subject to an appeal to the Town Board.
5. File with the Town Clerk, not later than November 1 of each year, a detailed estimate of the appropriations needed for the conduct of the department during the ensuing fiscal year.
6. Submit a written report to the Town Board not later than February 1st of each year and at such other times as he/she deems desirable, relating to the conditions of the various pieces of apparatus and appurtenances, the number of fires occurring since the previous report, the date of same and loss occasioned thereby, the number of members of each company, the total number of active members in the department and resignations and expulsions from the department.
7. Report upon the training program of the department, together with other pertinent information, including recommendations of such improvements as he/she deems proper and necessary for the operation of the department.
8. Enforce all fire prevention ordinances of this Town and State laws and regulations pertaining to fire prevention and shall keep citizens informed on fire prevention methods and on the activities of the department.
9. Keep a fire record book of every fire to which any company was called and shall enter in such book the locality of fire, time alarm was received, cause of fire, where fire started, cause of delay (if any) in responding, method of extinguishment and equipment used, amount of insurance carried on building and contents, estimated fire loss, time fire was extinguished, names of fire fighters responding and general remarks.
10. Keep inventory of all apparatus and equipment and an inventory of all hose showing dates and results of tests on each length, which shall be individually identified.
11. Perform such duties as are incumbent on the commanding officer of the fire department.
12. Ensure record keeping and reporting requirements to local, state, and federal authorities are met.

SECTION (7) –

1. The Fire Chief shall have control of all apparatus used by the department and shall be responsible for its proper maintenance. Emergency repairs may be authorized by the Fire Chief.
2. No apparatus shall be used for any purpose except for firefighting within the Town limits, or in training therefore, except pursuant to an agreement approved by the Town Board after the Fire Chief has given his recommendations on such use. With the approval of the Fire Chief such apparatus may be used for emergency purposes other than firefighting within the Town. A written report of all such uses shall be made annually to the Town Board.
3. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Town of Bell, and no vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, road, private driveway or other place, to be used at any fire or alarm of fire department, without the consent of the fire department official in command.

SECTION (8) – POLICE POWER OF DEPARTMENT
1. The Fire Chief or Incident Commander at any fire are hereby vested with full and complete police authority at fires. Any officers 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 or Incident Commander may prescribe certain limits to the vicinity of any fire within which no persons, excepting fire fighters and Police officers and those admitted by order of any officer of the department, shall be permitted to come. The Fire Chief or Incident Commander 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 shall have the power to order the removal or destruction of any property necessary to prevent the further spread of the fire. The Fire Chief or Incident Commander shall also have the power to cause the removal of wires or other facilities and the turning off of electricity or other services where the same impedes the work of the department during the progress of a fire.
3. Fire fighters may enter adjacent property. It shall be lawful for any fire fighter while acting under the direction of the Fire Chief or other officer in command to enter upon the premises adjacent to or in the vicinity of any building or other property then on fire for the purpose of extinguishing such fire and in case any persons shall hinder, resist or obstruct any fire fighter in the discharge of his/her duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting fire fighters in the discharge of their duty.
4. Duties 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.

SECTION (9) – FIRE INSPECTOR DUTIES
1. The Fire Chief shall hold the office of Chief Fire Inspector, with power to appoint one or more assistant fire inspectors, who shall perform the same duties and have the same Fire Prevention authority as the Fire Chief.
2. It shall be the duty of Fire Inspectors to inspect semi-annually, all businesses open to the public, public gathering places and all other commercial buildings within fire limits of this Town; for the purpose of noting and causing to be corrected any condition liable to cause fire. The inspector shall also investigate the storage and handling of explosives and flammable liquids within the Town.
3. Whenever or wherever in theTown of Bell any inspection by a Fire Inspector reveals a fire hazard, the Fire Chief or Fire Inspector shall serve a notice in writing upon the owner of the property giving said owner reasonable time in which to remove the hazard. In the event that the fire nuisance is not removed, the Fire Inspector is authorized to have the same removed by the Town and the cost of such removal shall be recovered in an action by the Town against the owner of the property.
4. The Fire Chief shall keep a written record of each property inspected which shall conform to the requirements of the Division of Industry Services of the Wisconsin DSPS in compliance with ss 101.14 and ss 101.575.
5. No person shall deny the Fire Chief or any Fire Inspector free access to any property within the Town at any reasonable time for the purpose of making fire inspections. No person shall hinder or obstruct the fire inspector in the performance of inspection duty or refuse to observe any lawful direction the inspector gives.

SECTION (10) –

All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

SECTION (11) – PENALTY

Any person, firm or corporation that shall violate the provisions of this ordinance shall forfeit not more than One hundred dollars ($100.00) and the costs of prosecution shall be imprisoned in the county jail until said fine and the costs of prosecution are paid, but not to exceed twenty (20) days. Each day’s violation of the provisions of this ordinance shall constitute a separate offense.

SECTION (12) – CITATION AND ENFORCEMENT

Any person who violates a provision of this ordinance may be issued a citation by the Town of Bell, Bayfield County, Wisconsin Board Chairman to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph

SECTION (13) – SEVERABILITY

If any section, subsection, sentence, clause or phrase of this Ordinance is held for any reason or be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance. The Town of Bell hereby declares that it would have passed and adopted this ordinance and each section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

SECTION (14) – EFFECTIVE DATE

Following passage by the Town of Bell Town Board, this ordinance shall take effect July 301h,2021

Adopted by the Town Board of Supervisors for the Town of Bell on the 13 day of July, 2021.

Roger Lindgren, Chair

Attest: MaryBeth Tillmans, Clerk

Date Published: 7/30/2021

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