Chapter 1 Law Enforcement
Chapter 2 Fire Prevention
Chapter 3 Bureau of Fire Prevention
Chapter 4 Fire Prevention Code; Hazardous Materials
Chapter 5 Emergency Government
Chapter 6 Regulation of Private Alarm Systems
Chapter 7 City Ambulance Service
Chapter 8 Residency Restrictions for Sex
Offenders and Directing Action for Injunctive Relief for Violation Thereof
Chapter 9 Adult
and Juvenile Community Living Arrangement Facilities
Chapter
10
5.1.1 Organization of
Police Department
5.1.2 Records and
Reports
5.1.3 General Powers
of Police Officers
5.1.4 Responsibilities
of Chief of Police
5.1.5 Rules and
Policies for the Police Department
5.1.6 Maintenance of
Personnel Records and Performance Evaluations
5.1.7 Police Chiefs
Responsibility for Training
(a)
Organization.
The Police Department shall consist of a Chief of Police and such other
officers, assistants and patrolmen as from time to time may be appointed
pursuant to the provisions of the Wisconsin Statutes, the ordinances and
regulations of the Common Council, and the rules and regulations of the Board
of Police and Fire Commissioners. "Law enforcement officer" shall
mean any person employed by the Police Department for the purpose of detecting
and preventing crime and enforcing laws or ordinances and who is sworn as a
police officer and authorized to make arrests for violations of the laws or
ordinances the person is employed to enforce.
(b)
Reserve Officers.
After examination by the Board of Police and Fire Commissioners, the Chief of
Police, subject to Council approval, may appoint from time to time reserve
officers. Reserve officers shall be law enforcement officers as defined in
Subsection (a) but shall, in no case, render services in excess of five hundred
fifty (550) hours per year and shall carry the duties, rights and privileges of
a law enforcement officer only while on duty and shall be known as a reserve
police officer only while on duty. They shall be on duty only when called to
duty by the full-time police officer in command of the Glendale Police
Department and, while on duty, shall have all powers, duties and
responsibilities of sworn law enforcement officers. Reserve officers shall
include such individuals formerly holding the position of special officer in
the City of Glendale, provided such person shall meet the certification
requirements of any full-time sworn law enforcement officer, or who alternately
has previously been duly appointed by the Board of Police and Fire
Commissioners and has been certified by the Chief of Police in accordance with
rules and regulations of the Law Enforcement Standards Board and ordinances of
the City of
(c)
Auxiliary Police.
The Chief of Police, subject to Council approval, may appoint from time to time
auxiliary police. Auxiliary police officers shall not be commissioned as law
enforcement officers and shall be assigned primarily to law enforcement-related
community service functions where the likelihood of making arrests is minimal,
or will occur in conjunction with, and under the authority or, a law
enforcement officer. Auxiliary police may also be used as a resource in
emergencies and large-scale special events. They shall not be subject to the
training and standards applicable to law enforcement officers but shall receive
and be provided a level of training as reasonably necessary to fulfill their
assigned duties and directives. Auxiliary police shall serve under the
authority and direction of and subject to the rules and requirements of the
Chief of Police or his designate commanding officers.
(d)
Suburban Mutual Assistance Response Teams. The Police Department, subject to approval by the Common
Council, shall be authorized to participate in mutual aid agreements with other
law enforcement agencies and participating jurisdictions, as authorized by Sec.
66.30, Wis. Stats., and the Mayor shall be deemed to have appropriate authority
to enter into such contracts subject to review of such contracts by the Chief
of Police and approval as to form by the Office of the City Attorney.
(a)
Monthly Reports.
The Chief of Police shall submit a written monthly report to the Common Council
of all activities and transactions of the Department during the preceding
month.
(b)
Police Records.
There shall be kept by the Department a suitable record in which shall be
entered the name of every person arrested in the City, the name of the person
making the arrest, the date and cause of the arrest, the court from which the
warrant was issued, the disposition made of the case, the amount of fine and
costs paid and to whom paid, bond posted, and all complaints in full.
Every
member of the Police Department shall:
(a)
Familiarize
himself with the ordinances of the City and the Wisconsin Statutes and attend
to the enforcement of such ordinances by all lawful means.
(b)
Help prevent
crimes, misdemeanors and violations of City ordinances and protect the health,
safety, public peace and order of the City and its inhabitants.
(c)
Report all
street and sidewalk obstructions, unlighted street lamps, unlawful street signs
or signals, and defective or dangerous streets and sidewalks to the appropriate
person or organization responsible for their repair or service.
(d)
Maintain order
at the scene of a fire or any other fire response within the City.
(e)
See that the
necessary permits and licenses issued by the State or City are in the
possession of or properly displayed by any person engaged in an activity or
business within the City for which such permit or license is required and that
the terms of such permits or licenses are complied with.
(f)
Perform such
other lawful duties as ordered by the Chief of Police or his authorized
representative.
(a)
Duties. In addition
to the duties imposed upon him elsewhere in this Code of Ordinances, the Chief
of Police shall:
(1)
Have command
of the Police Department on administrative matters, subject to the direction of
the Mayor and City Administrator, to the extent that the Council may delegate
such authority or direction to him.
(2)
Cause to be
maintained accurate records of complaints, crimes, traffic accidents, ordinance
violations, arrests, summons, incidents, and calls for police service and shall
provide a system of periodic summary and analysis to ensure the most efficient
and effective deployment and use of the Department's resources. He shall submit
or cause to be submitted to the various agencies such reports and summaries as
are required by State Statutes or ordinances and shall participate in voluntary
programs designed to improve law enforcement and public safety.
(3)
Submit such
reports and comply with such administrative procedures as may be prescribed by,
the City Administrator and Common Council relative to fiscal and administrative
matters.
(4)
Submit such
reports and/or information and comply with such policies as may be prescribed
by Common Council.
(5)
Have exclusive
control of the assignment, hours of duty, and transfer of all members of the
Department.
(6)
Plan,
organize, staff, direct, and control all of the human and material resources of
the Department for the most effective and efficient discharge of its duty to
protect persons and property, preserve the peace, protect the rights of
citizens and enforce the Wisconsin Statutes and the ordinances of the City as
are within its jurisdiction. He shall supervise the preparation and
presentation of annual reports and budgets for the Police Department. He shall
be required to certify to the correctness of all bills incurred by the
Department.
(7)
Strive to
maintain suitable, productive relationships with other City departments and
with other governmental agencies and private organizations concerned with law
enforcement, crime prevention, administration of justice and public safety. He
shall cooperate and exchange information with other City departments in matters
relating to their various functions.
(8)
Plan and
execute programs designed to prevent and repress crime, apprehend and prosecute
offenders, recover property, and regulate non-criminal conduct, giving highest
priority in the allocation of resources to crime and other offenses most
hazardous to life and property.
(b)
Custody of Department Equipment. The Chief of Police shall be the custodian of all City
property, equipment and supplies under the control of, or used by, the Police
Department and shall be responsible for the care, maintenance, safeguarding and
accurate records of such property, equipment, and supplies.
(c)
Custody of Department Property. The Chief of Police shall be the custodian of all property
and shall be responsible for the safekeeping, lawful disposition and accurate
record of the same. He shall see that all property is returned to its lawful
owner or otherwise disposed of according to the applicable statutes.
The
Chief of Police shall establish and promulgate Rules of Conduct, Directives and
Policies and Procedures and prescribe such duties for individual members as he
may deem necessary for the effective and efficient command and operation of the
Department; provided no such Rules of Conduct, Directive or Policy or Procedure
duties or assignment shall be in conflict with the statutes, ordinances and approved
City personnel rules and regulations.
The
Chief of Police shall cause to be maintained adequate personnel records of
employment, assignment, promotions, attendance, performance and training for
all members of the Department. He shall also comply with all provisions of the
Law Enforcement Standards Board in regard to background investigations. He
shall keep himself adequately informed of the activities of the Department and
be assured that the duties of his subordinates are properly discharged. He
shall formulate procedures for recognizing outstanding performance by
Department members, for investigating complaints of misconduct by any
Department member and for taking appropriate disciplinary action subject to the
provisions of the applicable statutes, rules of the Department, and rules of
the Police and Fire Commission.
The
Chief of Police is responsible for the training of all members of the
Department. He shall cause adequate and progressive programs of training to be
organized and conducted to prepare Department members in the knowledge,
procedures, and techniques of their duties and responsibilities. He will insure
that, within budgetary limitations, members of the Department attend training
courses, seminars, and conferences necessary to maintain and improve their job
skills and professional knowledge. He shall encourage Department members to
further their education in law enforcement through study, special courses,
college attendance, extension programs, and independent readings.
5.2.1 Impeding Fire
Equipment Prohibited
5.2.2 Police Power of
the Department
5.2.3 Damaging
Fire Hose Prohibited; Parking by Hydrants; Blocking Fire Lanes
5.2.4 Firemen May
Enter Adjacent Property
5.2.5 Vehicles to
Yield Right-of-Way
5.2.6 Interference
with Use of Hydrants Prohibited
5.2.7 Open Burning
5.2.8 False Alarms;
Meddling with Apparatus
No person shall
impede the progress of any fire engine, fire truck or other fire emergency
vehicle of the North Shore Fire Department along any streets or alleys of such
City at the time of a fire or in response to any emergency when the Fire
Department of the City is using such streets or alleys in response to an
emergency.
(a)
The Fire Chief 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.
(b)
The Fire Chief or officers in command
at any fire 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 enter.
(c)
The Fire Chief shall have the power to
cause the removal of any property whenever it is deemed necessary and prudent
for the preservation of such property or to prevent the spread of fire or to
protect any adjoining property. 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.
(d)
The Fire Chief, Fire Marshal or other
designates shall have concurrent jurisdiction with the Director of Inspection
Services for the purposes of enforcement of this Code, including the authority
to conduct inspections as requested by the Director of Inspection Services, to
issue corrective orders for violations of this Code or any other State Codes
enforceable within the corporate limits of the City of Glendale, and to refer
matters to the Director of Inspection Services for prosecution by the office of
the City Attorney. This provision
includes the authority to conduct inspections as required by this Code as requested
by the Director of Inspection Services or any other agency of the City, to
order that violations of this Code creating a clear and present danger cease
immediately, to issue corrective orders regarding compliance with this Code and
to refer matters for prosecution in the municipal court or for any other remedy
deemed appropriate in the discretion of the office of the City Attorney and as
provided by Section 1-1-7 of the City of Glendale Code.
(a)
Driving
Over Fire Hose. No
person shall willfully damage in any manner any hose, hydrant or fire
apparatus. 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
ten (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 or other associated
emergency, to drive or park any vehicle within the cordoned off area or within
one block from the place of fire or emergency without the consent and authority
of the Fire Chief or officers in command at the emergency or any police
officer.
(a)
Entering
Adjacent Property. It
shall be lawful for any fire department personnel while acting under the
direction of the Fire Chief or any other officer in command to enter the
premises adjacent to or in the vicinity of a building or other property that is
on fire for the purpose of extinguishing or containing such fire. No person shall hinder, resist or obstruct
any fireman in the discharge of his duties as is hereinbefore provided, the
person so offending shall be deemed guilty of resisting firemen in the
discharge of their duties.
(b)
Destruction
of Property to Prevent the Spread of Fire.
During the progress of any fire, the Fire Chief or officers
in command at the emergency shall have the power to order the removal or
destruction of any property necessary to prevent the further spread of fire or
to ensure that the fire has not extended to other areas; provided that it is
likely that, unless such property is removed, other property is in danger of
being destroyed by fire.
Whenever fire
department vehicles are responding to an emergency with lights and/or siren
every person driving or operating any motorized vehicle shall move and remain
to the side of the street until the fire apparatus shall have passed. This section shall apply to all non-motorized
vehicles as well.
No person shall
occupy any portion of such streets or alleys with a motorized or other vehicle
between fire apparatus or any hydrant to which a fire hose may be, or may be
about to be, attached.
(a)
Purpose. This ordinance is intended to promote the
public health, safety, and welfare and to safeguard the health, comfort, living
conditions, safety and welfare of the citizens of the City of
(b)
Applicability. This ordinance applies to all burning within
the City of
(1) This
ordinance does not apply to grilling or cooking using charcoal, propane or
natural gas, in cooking and grilling appliances.
(2) This
ordinance does not apply to burning in a stove, furnace, fireplace, or other
heating device within a building used for human or animal habitation or use,
unless the material being burned includes refuse as herein defined.
(3) This
ordinance does not apply to the use of propane, acetylene, natural gas,
gasoline or kerosene, in devices intended for heating, construction or
maintenance activities.
(4) Burning
incidental to the conduct of religious services.
(5) The
burning of wood or other manufactured fireplace materials in decorative patio
fireplaces or chimineas, provided such are located on concrete surfaces, and
maintained at such distance from adjacent structures or other combustible
materials so as to avoid the risk of combustion spreading from such fireplace
or chiminea.
(c)
Severability. Should any portion of this ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this ordinance shall not be affected.
(d)
Definitions.
(1) Fire Chief means the Chief of the North
Shore Fire Department or other person authorized or designated by the Chief of
the North Shore Fire Department.
(2) Outdoor burning means open burning or
burning in an outdoor fired furnace or enclosure.
(3) Open burning means kindling or
maintaining the fire where the products of combustion are emitted directly into
the ambient air without passing through a stack or chimney.
(4) Outdoor wood
fired furnace means a wood fired furnace, stove or boiler that is not located
within a building.
(5) Refuse means
any waste material, including yard waste and solid waste, and any other
material intended for disposal.
(e)
Prohibition
on Open Burning, Outdoor Burning and Burning of Refuse or Solid Waste. Open burning, outdoor burning and burning of
refuse or solid waste are prohibited in the City of
(f)
Materials
that May Not Be Burned.
The following materials may not be burned by way of indoor or outdoor
burning, open burning, incinerator, burn barrel, furnace, stove, or any other
indoor or outdoor incineration, or any heating device:
(1)
Rubbish or garbage, including but not
limited to food wastes, food wraps, packaging, animal carcasses, paint or
painted materials, furniture, composite shingles, construction or demolition
debris, or other household or business wastes.
(2) Waste oil or other oily waste except oil
designed for burning in a heating device or for energy recovery subject to the
restrictions in Chapter NR-590 of the Wisconsin Administrative Code.
(3) Asphalt and products containing asphalt.
(4) 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.
(5) Any plastic material, including but not
limited to nylon, PVC, ABS, polystyrene or urethane foam, synthetic fabrics,
plastic films or plastic containers.
(6) Rubber, including but not limited to
tires and synthetic rubber like products.
(7) Newspaper, corrugated cardboard,
container board, office paper and other materials that must be recycled in
accordance with the provisions of the Glendale Code or any other applicable state
or federal law.
(g) Open Burning of Leaves, Brush, Wood, Yard
Waste, and Other Vegetative Debris.
Outdoor or open burning of leaves, brush, wood, yard waste, and other
vegetative debris is prohibited in the City of
(h) Burn Barrels. No person shall use or maintain a burn barrel
in the City of
(i) Outdoor Wood Fired Furnaces. No person shall use or maintain an outdoor
wood fired furnace within the City of
(j) Burning on Streets. No materials may be burned upon any street,
curb, gutter, or sidewalk, except as applies to grilling or cooking using
charcoal, propane or natural gas, in cooking and grilling appliances, and only
upon permission of the City of
(K) Authority. The North Shore Fire Department, the Chief of
Police, or their designates, is permitted to prohibit any or all fires or
combustion when such fire or combustion is deemed hazardous or an imminent
threat to the public health, welfare, or safety.
(l) Fire
Department Practice Burns.
Notwithstanding the provisions of this ordinance, the North Shore Fire
Department may burn a standing building for the purpose of firefighting
practice, provided the practice burn complies with the requirements of the
Department of Natural Resources, and provided the Department has notified the
City Administrator, and the Chief of Police, and been advised that the
Administrator and Chief of Police have approved the date, time, duration, and
circumstances of such practice burn.
(m) Liability. Persons utilizing and maintaining outdoor or
open burning as allowed by Section (b) above, assume all liability and
responsibility for any damage caused to their property, adjoining property or
persons, because of the kindling or maintaining of such fire.
(n) Enforcement
and Penalties. The penalty or remedy
for violation of any portion of this ordinance shall be as set forth in Section
1.1.7 of the Glendale Code of Ordinances.
No
person shall within the City of Glendale give or cause to be given any false
alarm with respect to police or fire service, either by telephone or otherwise;
or to pull the lever of any signal box, in any way with any signal box, except
in accordance with regulations established by the Chief of the Fire Department
and the Chief of the Police Department; or to in any way injure same, or any of
the wires or parts thereof connected with any part of said system; or to make
any connection or communication therewith so as to interfere or interrupt the
proper working of said systems, or with intent to injure, break or destroy any
machinery or fixtures connected with said systems. Any person found guilty of the violation of
this Section shall become subject to a penalty provided in Section 1-1-7.
5.3.1 Fire Prevention
Bureau
5.3.2 Duties of Bureau
5.3.3 DEFINITIONS/CODES
AND STANDARDS ADOPTED
5.3.4 Additional
Ordinances
5.3.5 Private Fire
Hydrants
5.3.6 Automatic
Fire Extinguishing Equipment Required for Food Serving Establishments
5.3.7 Regulation of
Metal Welding or Cutting Operations
5.3.8 Sprinkler
REQUIREMENTS
5.3.9 FIRE ALARM
Systems
5.3.10 Reports; Record of
Fires
5.3.11 Investigation of
Fires
5.3.12 Inspection Prior
to Issuance of Licenses
5.3.13 Periodic
Inspection of Hazards
5.3.14 General
Inspections
5.3.15 Removal of
Dangerous Conditions
5.3.16 Fire Drills
5.3.17 Explosives
(a) Bureau Established
(1) A “Bureau of Fire Prevention,” in the North Shore Fire
Department, was established at consolidation, and is operated under the
supervision of the Chief of the Fire Department.
(2) The Chief of the Fire Department shall
designate an officer or member of the Fire Department as Chief Inspector of the
Fire Bureau, who shall hold this office at the will of the Chief.
(3) The Chief of the Fire Department is a
duly authorized deputy of the State and is granted the authority to designate
as many representatives as necessary to complete all requirements of the State
of
(b) Fire Inspection Duties.
(1) The Chief Inspector or his/her designees shall perform all
duties required of the Fire Inspector by the laws of the State of
(2) While acting as a fire inspector pursuant to Sec. 101.14(2),
(c) Fire
Inspection Permits.
(1) Definitions. As used in this Chapter:
(a)
(b) Public building. Defined
in Section 101.02 (12),
(c) Place of employment.
Defined in Section 101.02 (11)
(2) Permit Required. Permits are
required and shall be issued by the North Shore Fire Department, subject to the
payment of fees as listed in subsection (3) below.
(3) Fees. The fees to be charged
by the North Shore Fire Department for permits relating to occupancy
inspections, work without permit, re-inspection fees, special plan reviews,
processing variance requests, acceptance tests, code or evacuation plan
consulting and other permit fees for plan reviews and inspections of all
residential buildings containing 3 or more housing units, public buildings,
places of employment, and special events are set forth in the schedule of
permit fees as follows, except that City owned buildings and City sponsored
events shall be exempt therefrom:
Occupancy Inspection: $75.00
per inspection, except multi-
(changes in
residential occupancies family
residential buildings shall be
are exempt from inspections and fees) $25.00
per unit
Work Without
Permit: Double
normal fee
Re-inspection Fee: $50.00 first re-inspection
$75.00
each subsequent inspection
Acceptance Tests:
Hydro-test of Sprinkler
Piping $125.00 per test
(two (2) hour test)
Fire Pump Test $100.00 per
test
Fire Alarm and Detection $100.00 per test
System Test
Hood and Duct Suppression $75.00 per test
System Test
Other Suppression System
Test $100.00 per test
Smoke Evacuation System
Test $100.00 per test
Spray Booth System Test $100.00 per test
Special Plan Review or Inspection:
Includes emergency and priority Costs
Plan reviews (those requiring 24-
hour turnaround)
Processing Variance Requests: $100.00 per code section
variance requested
Code or Evacuation Plan Consulting: $75.00 per hour
Plan Review (includes site inspection):
Construction Compliance
with $0.07/sq. ft. ($75.00
minimum per NFPA 101/Fire Code plan)
Performance-based or $0.07/sq. ft. ($100.00
minimum per
Alternative Design plan)
Fire Alarm and Detection $0.07/sq. ft. ($75.00
minimum per
Systems plan)
Audio/Visual Annunciation $75.00 per plan
Systems
Hood and Duct Suppression $100.00 per plan
Systems
Other Suppression Systems $100.00 per plan
(FM200, Cardox, etc.)
Smoke Evacuation Systems $100.00 per plan
Water-based Sprinkler Systems $0.05/sq. ft. ($75.00 minimum per (new
or altered systems with 20 plan)
or more sprinkler heads)
Spray Booth Operations $100.00 per plan
Other Permit Items:
Inspection of Amusement
Parks $150.00 per site
or Carnivals (with rides)
Inspection of sites for
Bonfires, $50.00 per request
Outside Ceremonial Fires,
Vegetation Burns
Inspection of Hot Work $25.00 per operation
(specialty roof operations,
torch cutting, welding)
Inspection of Indoor Vehicle $25.00 per vehicle
Exhibits (excluding licensed
Automobile dealerships)
Inspection of Building
Demolition $100.00 per submittal
Special Events/Operations:
Inspection of Tents in
Excess of $50.00 per tent
400 sq. ft. used for Public
Assembly
Inspection of Temporary Fuel $50.00 per location
Storage (construction heat)
Plan Review and Site
Inspection $125.00 per plan review
of Fireworks Displays
(4) Fire inspection permit fees shall be
charged, collected and retained by the North Shore Fire Department.
(5) Municipal buildings, municipal sponsored
events, and municipal construction projects shall be exempt from fire inspection
permits and fees.
(a) It shall be
the duty of the members of the North Shore Fire Department to enforce all laws
and ordinances of the State, County and City, covering the following:
(1)
The prevention
of fires.
(2)
The storage
and use of explosives and flammable materials.
(3)
The
installation and maintenance of automatic fire alarm and extinguishing systems
and their related equipment.
(4)
Provide
educational programs and training for public and private sectors designed to
help reduces fires and the injuries and damage associated with fire.
(5)
The means and
adequacy of exit in case of fire, from factories, apartments, schools, hotels,
lodging houses, asylums, hospitals, churches, halls, theaters, amphitheaters,
and all other places in which numbers of persons work, live or congregate, from
time to time, for any purpose.
(6)
The
investigation of the origin and cause of fires.
(b) They shall
have such other powers and perform such other duties as are set forth in other
sections of this Chapter and as deemed necessary by the Chief of the North
Shore Fire Department, and as may be conferred and imposed from time to time by
law. The Chief of the Fire Department
may delegate any of these powers or duties under this Chapter to the members of
the department as he/she deems fit.
(c) To have
concurrent jurisdiction with the Director of Inspection Services to review for
approval all sprinkler systems, fire alarm systems, fire extinguishing
equipment and any other specific provisions of Title 5 of the Glendale Code
providing specifically for its further jurisdiction or authority.
Definitions. As
used in this Chapter:
(a)
ADOPTION OF CODES AND STANDARDS
All Orders,
Rules and Regulations of the Department of Commerce, or its successor
Administrative Agency, as are set forth in the Wisconsin Administrative Code as
from time to time amended, are hereby adopted.
The most current legislatively enacted versions are adopted and will be
enforced. The Fire Prevention Code (NFPA
1), The Life Safety Code (NFPA 101) are hereby adopted as part of this
Chapter. The most current available
printed version of the NFPA Codes and Standards is adopted and will be
enforced. In the event of a conflict
between the provisions of this Chapter, the State Codes, or the NFPA, the
provisions of this Chapter wherein specifically applicable shall control and
govern. Thereafter, the most restrictive
provision of the State Administrative Code or NFPA Codes shall be applicable
and shall govern, except that the State Administrative Code shall apply to
multi-family residential structures.
(b)
All standards
and definitions as provided in Codes herein adopted by reference shall be
deemed adopted herein.
It shall be the duty of the Chief (or his/her designee) of the North Shore Fire
Department to investigate and to recommend to the Director of Inspection
Services and the City Administrator such additional ordinances, or amendments, to
existing ordinances, as he/she may deem necessary for safeguarding life and
property against fire and the dangers associated with fire.
(a)
Where Private Fire Hydrants Required. Any
building, except residential buildings containing four (4) or less living units,
hereafter erected or structurally altered to increase the floor area by fifty
(50) percent or more, shall provide at the owner's expense an approved water
hydrant when such building is set back two hundred fifty (250) feet or more
from any street or highway or is located more than three hundred (300) feet
from a City water hydrant. Required
hydrants shall be freestanding and shall be located not more than 50 feet or
less than 25 feet from the building. One
(1) hydrant shall be located not more than 50 feet or less than 25 feet from
the main entrance to each building.
Additional hydrants shall be provided around the perimeter of the
building so that no water hydrant is more than 250 feet from any other approved
hydrant by normal access routes. Private
hydrants shall be tested and maintained per NFPA 24.
(b)
Approved Private Fire Hydrants. An
approved private fire hydrant shall mean a water hydrant connected to a City
water main having at least two (2) two and one-half (2-1/2) inch and one (1)
four and one-half (4-1/2) inch Fire Department connections. The connecting water lateral between the City
water main and the approved private hydrant shall be not less than six (6) inch
and need not be more than eight (8) inch in diameter. All private hydrants shall be accepted and
approved by the Glendale Water Utility and be installed in compliance with all
applicable standards of said Utility.
The Chief of the Fire Department shall provide comment as needed as to
location and accessibility of all private hydrants.
(a)
Requirements. Every kitchen operated and maintained to serve the public,
including restaurants, clubs, school, churches, taverns, hospitals, nursing
homes and all other places having equipment used for frying, cooking and
similar preparation of food, operated and maintained for serving the public
shall be subject to this Section. Such
establishments shall have approved automatic fire extinguishing equipment,
which is actuated, by fire. Such
automatic fire extinguishing equipment shall be installed in all duct systems,
grease removal devices, cooking stoves, and appliance hoods. All suppression systems shall be listed with
Underwriters Laboratories, Factory Mutual, or other recognized testing agency
and shall conform to the requirements of NFPA 96. Installations of automatic fire extinguishing
equipment shall require a permit to be issued by the Director of Inspection
Services. Plans and specifications shall
accompany each permit submittal and shall be reviewed and conditionally
approved by the North Shore Fire Department.
The North Shore Fire Department shall complete all field and acceptance
testing.
(b)
Time for Compliance of New and Existing Establishments. All
new establishments, subject to this Section, shall comply therewith before the
Director of Inspection Services grants a permit of occupancy. All existing establishments, subject to this
Chapter, shall comply within six (6) months of the effective date hereof. The North Shore Fire Department shall, as
soon as reasonably practicable after the effective date of this Chapter, notify
every existing establishment subject to this Section of its duty to comply
therewith. Any existing establishment shall have the right, within thirty (30)
days after receiving notice from the North Shore Fire Department to comply, to
appeal to the Board of Appeals for a variance from the terms and conditions of
this Section. Such an appeal shall be
made and governed by the provisions of law relating to appeals to the Board of
Appeals.
(c)
Type of Equipment and Installation Requirements.
(1)
All equipment
shall conform to NFPA #96, “Ventilation of Cooking Equipment.” The equipment
shall be either a “package unit” as listed in the Underwriters Laboratories,
Inc., “Fire Protection Equipment List,” for the extinguishment of fires in
hoods, filters, and ducts used for ventilation of restaurant cooking equipment
or a system individually designed (“engineered systems”) to the applicable NFPA
standard for the type of extinguishing equipment. A manual actuation control,
which is accessible to kitchen personnel, shall be provided. The control shall be located near the hood
not more than five (5) feet above the floor, readily accessible and not obstructed
by cabinets or any other objects, permanent or temporary that would affect a
persons ability to see the device.
Instructions on operation of the manual control system shall be posted. A visual indicating device shall be provided
and so located that at any time it can readily be determined if the system s
extinguishing agent has discharged. An
automatic fuel shut-off device shall be provided on all gas-fired appliances.
(2)
A shut-off
device is required for electric appliances especially electrically operated
deep fat fryers.
(3)
The
installation shall conform to NFPA #96, “Ventilation of Cooking Equipment.
“Package units” shall be installed in conformance with the limitations in the
Underwriters' Laboratories, “Fire Protection Equipment List” as established by
tests for the various unit sizes and nozzle arrangements. In the ventilating system all areas that are
enclosed or partly enclosed shall be protected, including areas behind filters,
ductwork, including in some cases fresh air intakes, and enclosed air intakes
ahead of filters. All hood systems shall
be engineered regardless of size.
(4)
Cooking
surfaces that are open or partly open shall be protected, including range tops,
fat fryers, open broilers, griddles, etc.
Fully enclosed devices, such as ovens, enclosed broilers, coffee urns,
etc., do not require protection. At
least one nozzle shall be installed for each fat fryer. Cylinders containing the extinguishing agent
shall not be mounted in a concealed space.
Cylinders shall be readily accessible for inspection and servicing.
(5)
Protection of
ducts shall be within the limitations of a single system; multiple systems
cannot be used. Ducts, which exceed the
limitation of a single system, must be protected by engineered systems or the
ducts replaced with ducts, which are within “package systems” limitations. Where no hoods are installed and cooking
protection is provided, detector links with heat deflectors shall be located in
the same relative position as if a hood was provided. One link shall be provided for each cooking
appliance.
(d) Maintenance Requirements. All extinguishing systems shall be
inspected and maintained at least semi-annually by a factory authorized
representative, and the unit shall have a Certification Tag of the inspection
and shall be attached to the extinguishing agent system or discharge canister.
(a)
Definitions. Welding or cutting operations shall consist of the welding
or cutting of metal by gas torch or electric arc or any combination thereof.
(b)
Operations. Except for Subsection (d), this Section shall not apply to
business or manufacturing establishments where such operations are performed in
the regular course of business thereof or to maintenance or repairs performed
by employees of such establishments on their own premises.
(c)
Permit Required. No person, firm or corporation shall perform any welding or
cutting operation without first applying for and having been issued a permit
before and complying with the fire prevention measures set forth in Subsection
(d). Application for such permit shall
be made to the Director of Inspection Services on a form provided by the City
for that purpose. Such application shall
set forth the location of the premises, a description of the work that is to be
performed, the name of the person(s), firm or corporation performing the work
and other information as may be necessary to administer this Subsection. Plans and specifications shall be referred to
the North Shore Fire Department which shall inspect and approve as a condition
of issuance of the permit.
(d)
Fire Protection Measures.
(1)
Before
commencing any welding or cutting operation, the area immediately surrounding
such operation shall be protected by the use of non-flammable blankets or other
fire-resistant materials. There shall be
conveniently located at the work area:
a.
Ashes or sand
for absorption of oil.
b.
An approved
fire extinguisher or extinguishers or a charged hose attached to the water
supply.
c.
Other fire
prevention devices, measures or precautions as may be specified by the Fire
Chief or his/her designated subordinate.
d.
Oxygen and gas
cylinders shall be stored in specified areas, a sufficient distance from
combustible materials and at locations where they will not be subjected to
excessive temperatures, physical damage, tampering or use by unauthorized
persons. The valves shall be closed and
protective caps shall be in place on stored empty cylinders.
(a)
Where Required. An approved
automatic fire sprinkler system shall be installed and maintained per the
requirements of the codes adopted herein.
Where conflicts arise between this section and any other code section,
the most restrictive requirements shall apply.
Nothing in this section shall apply to one or two family dwellings.
(b)
Review of Applications for Building and Occupancy
Permits. The Fire Chief, Fire Marshal or his/her designee shall
review all applications for building and occupancy permits applicable to this
Section, and shall require fire-extinguishing systems to be installed in
conformance with this Code. Where
extinguishing systems are installed, the North Shore Fire Department shall
approve installations made in accordance with the appropriate NFPA Standard in
its most current printed edition.
(c)
Effective Date. This Section and the Codes as applied by adoption and
reference shall not have retroactive effect or application. It shall apply to additions to existing
buildings. Additions, alterations, or
structural or mechanical repairs of material significance to any building shall
conform to that required of new construction without requiring the balance of
the existing structure to comply with all the requirements of the Code unless
in the opinion of the Director of Inspection Services or Fire Chief it shall be
necessary to protect the public health welfare and safety to bring the entire
structure into conformity.
(d)
Appeals.
(1)
Any person
aggrieved by a decision of the Fire Chief or the Director of Inspection
Services relative to any provisions of this Section may appeal to the Board of
Appeals within thirty (30) days from the decision of said Fire Chief or
Director of Inspection Services by filing a notice of appeal with the City
Clerk. The City Clerk shall give written
notice by registered or certified mail or by personal delivery of the time and
place of the hearing to the appellant not less than seven (7) days before the
date of such hearing.
(2)
Appeals shall
be heard by the Board of Appeals in the same manner as appeals from the
Director of Inspection Services under the City of
(3)
The Board of
Appeals may affirm, amend, reverse or modify such decision or take such other
action as it may deem appropriate but will not reduce the level of life safety
required in the building.
(4)
An appeal
properly and timely taken suspends the order of the Fire Chief or Director of
Inspection Services until the Board of Appeals renders and files its decision
in the office of the City Clerk.
(a)
General. Fire alarm systems shall mean any device
designed to sense or alert persons to the possible presence of fire. A fire alarm system may include but is not
limited to, smoke alarms, heat alarms, pull boxes, horns, and strobes and alarm
panel. All fire alarm systems shall be
installed per NFPA 72. All required
alarm systems (required per NFPA 101 or the AHJ) shall be monitored by a U. L.
listed monitoring company. All alarm
systems shall be done with a permit issued by the Director of Inspection
Services. Fire alarm plans and
specifications shall accompany each submittal.
Plans will be reviewed and conditionally approved by the North Shore
Fire Department. The North Shore Fire
Department shall complete all field and acceptance testing.
(b)
Residential Fire Alarm Systems
Fire
alarm systems are not required in one and two family dwellings. Interconnected smoke detection is required
under the State Uniform Dwelling Code.
(c)
Specifications of Devices.
Each detection device
shall:
(1)
Cause the
operation of an alarm shall be clearly audible in all rooms over any background
noise levels with all intervening doors closed.
Tests of the audibility level shall be conducted with all equipment,
which would normally be running, in full operation.
(2)
Sounders shall
have a minimum rating of eighty-five (85) dba or 15% above the ambient noise
level. Strobes shall meet all light
admittance requirements.
(3)
All devices
used shall be part of a listed fire alarm system.
The North Shore Fire Department shall make available reports
and records of fires upon request.
(a)
The North
Shore Fire Department shall investigate the origin and cause, or circumstances
of every fire occurring in the City by which property has been destroyed or damaged
and, so far as possible, shall determine whether the fire is the result of
carelessness or design.
(b)
Every fire
shall have a written report prepared by a member assigned to investigation in
the North Shore Fire Department in a timely manner after the occurrence of the
same. This shall be in addition to any
investigation by a police officer in whose jurisdiction such a fire has
occurred. Such report shall be in such
form as shall be prescribed by the Chief of the Fire Department, and shall
contain a statement of facts relating to the origin and cause, circumstances of
such fire, the extent of the damage thereof, the insurance upon such property,
and such other information as may be required and shall report such
circumstances or fires damaging property to the Director of Inspection
Services.
(c)
The City
Attorney, upon request of the Fire Investigation Team of The North Shore Fire
Department shall assist the investigators in the investigation of any fire,
which, in their opinion, is of suspicious origin.
Before
licenses may be issued for the keeping, storage, use, manufacture, sale,
handling, transportation or other disposition of highly flammable materials and
rubbish, crude petroleum or any of its products, gun or blasting powder,
dynamite, or explosives of any kind, including fireworks, firecrackers and
signaling explosives, the Fire Chief, Fire Marshall, or his/her designates,
shall inspect and approve the receptacles, vehicles, buildings or storage places
to be used for any such purposes.
The
Chief of the Fire Department or his/her designee shall inspect, as often as may
be necessary, all especially hazardous manufacturing processes, storages or
installations of acetylene or other gases, chemicals, oils, explosives and
flammable materials, all interior fire alarms and automatic sprinkler systems,
and such other hazards or appliances as the Chief of the Fire Department shall
designate, and shall make such orders as may be necessary for the enforcement
of the laws and ordinances governing the same and for safeguarding of life and
property from fire.
(a)
It shall be
the duty of the Chief of the Fire Department as a deputy of the State of
Wisconsin with the concurrent jurisdiction of the Director of Inspection
Services, to inspect, or cause to be inspected by persons that he/she shall
designate as often as necessary, all public buildings and places of employment
except the interiors of private dwellings (one and two family), for the purpose
of ascertaining and causing to be corrected any conditions liable to cause
fire, or any violations of the provisions or intent of any ordinance of the
City affecting the fire hazard.
(b)
Whenever any
inspector, as defined above, shall find in any premises or other place,
combustible or explosive matter or dangerous accumulations of rubbish or
unnecessary accumulation of wastepaper, boxes, shavings, or any highly
flammable materials especially liable to fire and which is so situated as to
endanger property; or shall find obstructions to or on fire escapes, stairs,
passageways, doors or windows, liable to interfere with the operation of the
Fire Department or egress of occupants in case of fire, he shall order the same
to be removed or remedied; and such order shall forthwith be complied with by
the owner or occupant of such premises or buildings, subject to appeal within
twenty four (24) hours to the Chief of the Fire Department as hereinafter
provided in this Chapter. Any owner or
occupant failing to comply with such order within a reasonable period after the
service of the said order shall be liable to a penalty as hereinafter provided.
(c)
The service of
any such order may be made upon the occupant of the premises to whom it is
directed, either by delivering a copy of same to such occupant personally or by
delivering the same to and leaving it with any person in charge of the
premises, or in case no such person is found upon the premises, by affixing a
copy thereof in a conspicuous place on the door to the entrance of said
premises. Whenever it may be necessary
to serve such an order upon the owner of the premises, such order may be served
either by delivering to and leaving with the said person a copy of the said
order, or, if such owner is absent from the jurisdiction of the officer making
the order, by mailing such copy to the owner's last known post office address.
(a)
The Chief of
the Fire Department or his/her designees, upon the complaint of any person, or
whenever any of the said Department members shall deem it necessary, shall
inspect all buildings and premises within their jurisdiction. Whenever any of said Department members shall
find any building or other structure which, for want of repairs, lack of or
insufficient fire escapes, automatic or other fire alarm apparatus or fire
extinguishing equipment or by reason of age or dilapidated condition, or from
any other cause, is especially liable to fire, and which is so situated as to
endanger other property or the occupants thereof, or whenever such officer
shall find in any building combustible or explosive matter or flammable
conditions dangerous to the safety of such building or the occupants thereof,
he or they shall order such dangerous conditions or materials to be removed or
remedied and such order shall forthwith be complied with by the owner or
occupant of such premises or building.
(b)
If such order
is made by the Chief or any of his/her designees, such owner or occupant may
within twenty-four (24) hours appeal to the Chief of the Fire Department, who
shall within five (5) days review such order and file his decision thereon,
and, unless by his authority the order is revoked or modified, it shall remain
in full force and be complied with within the time fixed in said order or
decision of the Chief of the Fire Department.
(c)
Any such owner
or occupant may, within five (5) days after the making or affirming of any such
order or decision by the Chief of the Fire Department, file his petition with
the Board of Appeals for a review of such order. Such parties so appealing to the Board shall
file with said Board within two (2) days a bond in an amount to be fixed and
approved by the Board, conditioned upon the obligation to pay all the costs of
such appeal in the event such appellant falls to sustain his appeal, or that
the appeal is dismissed for any cause.
It shall be the duty of the State of
(a)
Administrative Rules Adopted. The
provisions set forth in Wisconsin Administrative Code entitled, “Explosives and
Blasting Agents,” are herewith adopted, any act required or prohibited by said
regulations is required or prohibited by this Section.
(b)
Permit Required.
(1)
No person
shall transport, store, sell, deliver, use or have in possession any explosive
without first obtaining a permit from the Director of Inspection Services and
notifying the North Shore Fire Department.
Any person desiring a permit as required by this Section shall file with
the Director of Inspection Services an application for such permit in writing
on a form furnished for such purpose.
Every application shall state the name or names of the persons who
desire to transport, store, sell, deliver, use, have in possession, or who
desire to do any work for which a permit is required by this Section, stating
further the location and manner of storage or sale, or the location where such
blasting is to be done, the kind of explosive to be used, the kind or character
of excavation, or other work to be done, the method of detonating the
explosive, and any other information required by the Director of Inspection
Services and the North Shore Fire Department.
(2)
In all cases
involving the use of any explosive, the Director of Inspection Services may
refuse such permit and may limit by permit the use of such explosive to
twenty-five (25) pounds, if in his discretion the use of such explosive or of
an amount of such explosive greater than twenty-five (25) Pounds are likely to
endanger or cause damage to life, health, or property.
(3)
Permits for
the storage or use of explosives, when issued, shall at all times be kept on
the premises in a readily accessible place for inspection.
(4)
No permit for
blasting shall be issued for a period longer than forty-eight (48) Hours.
(c)
Revocation of Permit.
If, after a permit
has been granted, an inspection by the Director of Inspection Services or
his/her designees discloses that the permit holder or those acting under him,
or those attempting to use or store such explosives are operating contrary to
the regulations of this Section, the Director of Inspection Services shall
immediately stop all operations and revoke the permit. When such operations are stopped and the
permit is revoked, such explosives shall immediately be removed from such
premises and the City, subject, however, to the regulations of this Section
relative to transportation of explosives.
(d)
Additional Regulations.
In addition to the
regulations as contained the Wisconsin Administrative Code, the Director of
Inspection Services and/or the North Shore Fire Department may:
(1)
Determine the
kind and amount of explosive that can be used.
(2)
Establish such
additional rules and regulations as may be deemed necessary to protect life and
property.
5.4.1 Disclosure
of Hazardous Materials and Infectious Agents; Reimbursement for Clean-up of
Spills
5.4.2 Recovery
of Costs of Extinguishing and Cleaning Up Fires Involving Hazardous Materials
5.4.3 Above-Ground
Storage Facilities
(a)
Application.
(1)
All persons,
firms or organizations using, researching or producing hazardous materials
and/or infectious agents shall notify the Fire Department as prescribed by this
Section.
(2)
The provisions
of this Section shall apply to all persons, firms or organizations using,
researching, producing or storing hazardous materials and/or infectious agents
on and after the effective date of this Section.
(b)
Definitions. The following definitions shall be applicable in this
Chapter:
(1)
Hazardous
Materials. Any materials of a solid, liquid or contained
gaseous or semi-solid form which, because of its quantity, concentration or
physical, chemical or infectious characteristics may cause or significantly
contribute to an increase in mortality or an increase in serious irreversible
or incapacitating reversible illness or pose a substantial present or potential
hazard to human health or the environment.
Such material includes, but is not limited to, material, which is toxic,
carcinogenic, or flammable or other material set forth in Sec. 144.01(4m), Wis.
Stats., as amended from time to time.
Such material also includes irritants and strong oxidizers or materials,
which generate pressure because of decomposition or heat. Toxic material includes containers and
receptacles previously used in transportation, storage, use or application or
material described herein as hazardous material.
(2)
Hazardous
Waste. Any solid waste as defined in Wisconsin
Administrative Code NR 500.03 as amended from time to time.
(3)
Infectious
agent. A bacterial, mycoplasmal, fungal, parasitic
or viral agent known to cause illness in humans, which is used, researched,
produced or stored within or on premises.
(4)
Discharge. Means, but is not
limited to, any spilling, leaching, pumping, pouring, emitting, emptying,
escaping, releasing, disposing, injecting, or dumping.
(5)
Person. Any individual,
owner, operator, corporation, partnership or association.
(c)
Information Required.
(1)
Any person,
firm or organization using, researching, producing and/or storing any hazardous
materials shall provide in writing to the North Shore Fire Department the
following information:
a.
Address,
location of where hazardous materials are used, researched, stored or produced;
b.
The trade name
of the hazardous material;
c.
The chemical
name and any commonly used synonym for the hazardous material and the chemical
name and any commonly used synonym for its major components;
d.
The exact
locations on the premises where materials are used, researched, stored and/or
produced;
e.
Amounts of
hazardous materials on premises per exact location;
f.
The boiling
point, vapor pressure, vapor density, solubility in water, specific gravity,
percentage volatile by volume, evaporation rate for liquids and appearance and
odor of the hazardous material;
g.
The flash
point and flammable limits of the hazardous substance;
h.
Any
permissible exposure level, threshold limit value or other established limit
value for exposure to a hazardous material;
i.
The stability
of the hazardous substance; recommended fire extinguishing media, special
firefighting procedures and fire and explosion hazard information for the
hazardous material;
j.
Any effect of
over-exposure to the hazardous material, emergency and first aid procedures and
telephone numbers to call in an emergency;
k.
Any condition
or material, which is incompatible with the hazardous material and must be
avoided;
l.
Any personal
protective equipment to be worn or used and special precautions to be taken
when handling or coming into contact with the hazardous materials;
m.
Procedures for
handling or coming into contact with the hazardous materials.
(2)
Any person, firm
or organization using, researching, producing and/or storing infectious agent
and/or carrier of an infectious agent shall provide in writing to the North
Shore Fire Department the following:
a.
The name and
any commonly used synonym of the infectious agent;
b.
Address/location
where infectious agents are used, researched, stored and/or produced;
c.
The exact
locations where infectious agents are used, researched, stored and/or produced;
d.
Amount of
infectious agent on premises per exact locations;
e.
Any methods of
route of transmission of the infectious agents;
f.
Any symptoms
of effect of infection, emergency and first aid procedure and a telephone
number to be called in an emergency;
g.
Any personal
protective equipment to be worn or used and special precautions to be taken
when handling or coming in contact with the infectious agent;
h.
Procedure for
handling, clean up and disposal of infectious agents leaked or spilled.
(d)
Reimbursement for Cleanup of Spills. Any
person who possesses or controls a hazardous material or infectious agent which
was discharged or who caused the discharge of a hazardous material or
infectious agent shall reimburse the City for actual and necessary expenses
incurred by the City or its agent to contain, remove or dispose of the
hazardous substance or infectious agent or take any other appropriate action
which is deemed appropriate under the circumstances.
(e)
City Under No Obligation.
Nothing herein shall
obligate the City to perform any of the remedial measures set forth in
Subsection (d) above. The City shall
endeavor in all cases to have such remedial measures performed by the persons
set forth in Subsection (d) hereof, and in default of such performance, shall
itself perform such remedial measures only if the exigencies of time and
circumstances indicate that the public health, safety and welfare require such
City intervention.
(f)
Discharge and Cleanup of Hazardous Materials.
(1)
Prohibited
Discharge. No person shall discharge, allow, or cause to
be discharged upon or into any public street, alley or public property or onto
the ground, surface water, subsurface waters, or aquifers, or on any private
property, any hazardous material, except in those areas licensed for waste
disposal or landfill activities for hazardous waste and/or hazardous materials
as defined in this Chapter.
(2)
Containment,
Cleanup, and Restoration. Any person in
violation of this Section must, upon the direction the City's police/fire
officers or public health officials, take immediate action to contain, clean up
and remove to an approved depository the offending material(s) and restore the
site to its original condition. Should
any person fail to engage or complete the requirement of this Section, the
police/fire or health department may order the owner or lessee to take the
required action or, in default thereof, may on behalf of the City, without
taking bids, do the necessary work with all costs incurred by the City to be
reimbursed by the violator(s) of this Section.
(3)
Public
Protection. Should any prohibited discharge occur that
reasonably causes a threat to the life, safety, welfare or health of the
public, a police/fire or health department officer or employee on the scene may
order evacuation of the area or take other appropriate protective steps for
such period of time as needed.
(4)
Access. When a prohibited
discharge has occurred or is reasonably thought to have occurred, access to the
site, upon notice to the owner or occupant whether on public or private land,
shall be granted to police, fire and health department personnel for the purpose
of evaluating the extent of the discharge, monitoring the cleanup and
restoration of the site. Notice to the
owner or occupant is not required if the delay will result in imminent risk to
public health or safety or the environment.
(g)
Notice. Upon learning that a prohibited discharge as set forth in
this Chapter has taken place, all persons shall immediately notify the police
department of the time and place of the prohibited discharge and the substance
discharged, if known.
(h)
Enforcement and Penalties.
(1)
Enforcement. A law enforcement
officer, the Director of Inspection Services, upon referral from the North
Shore Fire Department shall have the authority to make complaints and issue
citations and summons under this Section.
(2)
Civil
Liability. Any person, firm, or corporation in violation
of this Section shall be liable to the City and to any individual whose person
or property was damaged by such violation for any and all expenses incurred by
the City and loss or damage sustained by the City, or assisting private or
public agencies by reason of such violation.
(3)
Penalties. Any person, firm,
or corporation found guilty of violating any provisions of this Section shall
be subject to a forfeiture of not more than One Hundred Dollars ($100.00) for
the first offense, and not more than Five Hundred Dollars ($500.00) plus State
surcharge, and court costs for each subsequent offense, together with costs of
prosecution in each instance; and in default Of Payment thereof, shall be
imprisoned in the County Jail or the House of Correction until said forfeiture
and costs together with subsequent costs are paid, but in any event, not to
exceed thirty (30) days.
(4)
Separate
Offense. Each day that the violation is permitted or
continues to exist shall constitute a separate offense.
(a)
Every person,
firm or corporation using, storing, handling or transporting flammable or
combustible liquids, chemicals, gasses or other hazardous materials shall
comply with the requirements of Wisconsin Administrative Code, as the same is
now in force and may hereafter from time to time be amended.
(b)
Every person,
firm or corporation using, storing, handling or transporting (whether by rail
or on the highways) flammable or combustible liquids, chemicals, gasses or
other hazardous materials shall be liable to the City for the actual cost of
labor and materials associated with the use of any specialized extinguishing
agent, chemical, neutralizer or similar material or equipment employed to
extinguish, confine or clean up any such hazardous material which is involved
in any accidental spill or in threat of any fire or accidental spill.
(c)
The City shall
have all rights of recovery for costs related to the prevention, control, or
extinguishing of any fire, and for subsequent cleanup or remedial action
necessary pertaining to any fire, as provided by 1989 Wisconsin Act 256, which
is specifically adopted in its entirety, together with such amendments and
reenactments as shall occur subsequent to the enactment of this Subsection
(July 9, 1990).
(a)
Purpose. The purpose of this Section is to protect the public health,
safety and welfare of the persons and property of the City of
(b)
Applicability. An Above-Ground Storage Facility (AGSF) operating permit is
required whenever more than 60 gallons cumulative volume of a flammable,
combustible, toxic or hazardous material is to be stored on site. This requirement applies to single tanks and
to the accumulated volume of multiple small containers. In the case of multiple small containers, the
determination of volume shall be based on the total volume of all flammable,
combustible, toxic or hazardous materials stored on site.
(c)
Definitions. The following definitions shall be applicable in this
Section:
(1)
Above-Ground
Storage Facility (AGSF). Any outside or interior storage tank or
container, structure or outside storage area designed and intended to store a
flammable, combustible, toxic or hazardous substance.
(2)
Combustible
Liquid. A liquid having a flash point at or above
100'F (37.80'C).
(3)
Container. A vessel with a
liquid capacity equal to or less than 60 gallons used for transporting a
substance. This definition also applies
to Port-a-Tanks when located in storage or a warehouse.
(4)
Discharge. The spilling, leaking, pumping, emitting, or dumping of
flammable, combustible, toxic or hazardous materials.
(5)
Flammable
Liquid. A liquid having a flash point below 100’F
(37.8’C) having a vapor pressure not exceeding 40 psi. (2068 mm Hg) at 100’F
(37.8’C) shall be known as a Class I liquid.
Class I liquids shall be subdivided as follows:
a.
b.
Class IB shall
include those having flash points at or below 73’F and having a boiling point
at or above 100’F.
c.
Class IC shall
include those having flash points at or above 73’F and below 100’F.
(6) Gas. A substance that is in gaseous forms at 70'F
and 1 atm pressure.
(7) Hazardous, Material. Any substance with such physical, chemical,
or infectious characteristics as to pose a potential hazard to existing or
potential water supplies, human health, or the environment. Hazardous materials include, but are not
limited to, toxic chemicals, heavy metals, radioactive or infectious wastes,
acids and alkalis, pesticides, petroleum products, fertilizers, herbicides,
solvents and thinners. Hazardous
materials shall include, but are not limited to, chemicals and compounds listed
in the Resource Conservation and Recovery Act (40 CFR 260 and 261);
Occupational Safety and Health Administration list (29 CFT 1910); U.S.
Department of Transportation; Superfund Amendments and Reauthorization Act of
1986, Title 111-Community Right-to-Know; the Toxic Substances Control Act
(TSCA); or the Federal Insecticide, Fungicide and Rodentcide Act.
(8) Commerce. A
regulatory agency of the State of
(9) COMM 10. State
of
(10) Liquid. Any
flammable, combustible, or hazardous substance or waste that is present in
liquid form at standard conditions of 60F and 14.7 psi.
(11) LNG (Liquefied Natural Gas) A liquid form of natural gas
(basically methane) which is maintained in liquefied form through refrigeration
at about minus 260F at atmospheric pressure and kept in this form by utilizing
property insulated vessels.
(12) LPG (Liquefied Petroleum Gas). A compressed liquefied gas consisting
primarily of propane although it is often a mixture of propane, butane, and
other hydrocarbons. It is stored in
pressurized containers.
(13) NFPA 30. Is the
national standard for Flammable and Combustible Materials.
(14) Outdoor Storage.
The storage of raw or finished goods and materials (bulk or packaged)
outside of any building or structure, but not including storage of a temporary
or emergency nature.
(15) Port-a-Tank, A pallet mounted tank, or tank designed to
be lifted by a forklift. The liquid
capacity of this type of tank is usually in the range of 250 to 500 gallons.
(16) Solid. Any material that has fluidity less than that of
300 penetration asphalt when tested in accordance with ASTM D5, Test for
Penetration for Bituminous Materials.
(17) Storage Tank. A
vessel with a liquid capacity exceeding 60 gallons and intended for fixed
installation. This definition applies to
Port-a-Tanks when they are used as a feed tank to a manufacturing process. This definition applies to oil day tanks (60
to 200 gallon capacity) installed in buildings for emergency generators and
fire pumps.
(18) Toxic Material.
Toxic material shall be as defined in the Resource Conservation and
Recovery Act 40 CFR 260, or any amendments and revisions thereto.
(d)
Disclosure Requirement.
It shall be unlawful
for any person, firm, or corporation to store flammable, combustible, toxic or
hazardous substances without notifying the City of existing or proposed
facilities and providing proof of any permits required by state or federal law.
(e)
Prohibited Storage. It shall be unlawful for any person to store flammable,
combustible, toxic or hazardous substances in such a manner as to endanger the
public safety and welfare or to seriously threaten to degrade air, water or
soil quality.
(f)
Use Restrictions.
(1)
An existing
tank, container or warehouse may not be converted to use for storage of
flammable, combustible, or hazardous substances unless application has been
made and the necessary approvals received from the City.
(2)
Outdoor
storage of flammable, combustible toxic or hazardous materials is prohibited
except in product tight containers, which are protected from the elements,
leakage, accidental damage or vandalism.
(g)
Above-Ground Storage Facility Operating Permit (AGSF
Operating Permit) Required.
No Above-Ground Storage Facility shall be erected or maintained on
any lot or parcel of land in the City of
(h)
Application for Conditional Use.
(1)
Application. Before any work is
commenced on the construction, installation or erection of an Above-Ground
Storage Facility, or on any alterations, additions, remodeling or other
improvements, an Application for Conditional Use shall be submitted to the City
Planner and Zoning Administrator or other City agency or Department as from
time to time designated by the City Administrator. If the proposal is acceptable to the City
Planner and Zoning Administrator, it will be forwarded to the Director of
Inspection Services. If not acceptable,
the application will be returned to the applicant. The Plan Commission shall request and
consider the recommendation of the North Shore Fire Department.
(2)
Application
Standards. The application shall be prepared in
accordance with paragraph 10.10(3) of COMM10.
The applicant shall note that COMM10 applies only to Flammable and
Combustible Liquids, and that other COMM codes address the storage of specific
gases and solids.
(3)
Applicable
Codes and Regulations.
a.
The application
shall comply with the requirements presented in the appropriate Wisconsin
Administrative Code and the requirements of all applicable regulations.
b.
Each type of
substance has unique requirements for safe storage and use. The type and extent of facilities used to
store and use flammable, combustible, and hazardous materials will depend on
the type and amount of the material stored.
The planning, design, construction and operation of an AGSF shall be in
compliance with standards, regulations, codes, and policies established by the
applicable federal (including, but not limited to, the U.S. Environmental
Protection Agency, Occupational Safety and Health Administration, and the
Department of Housing and Urban Development), state (including, but not limited
to, the Wisconsin Department of Natural Resources, and the Wisconsin Department
of Commerce), or local regulatory agency, or industrial group (including, but
not limited to, the American Society of Testing Materials, American Petroleum
Institute, National Fire Protection Association, Chlorine Institute, and
Factory Mutual Systems) that present specifications for the planning, design,
construction, and/or operation of any above-ground storage facility, including,
but not limited to, above-ground storage tanks and warehouses.
c.
In cases where
there is a conflict between two (2) or more standards, the most restrictive one
shall apply.
(4)
Submit Design
Report.
a.
The intent of
this Section is to establish minimum standards for installations within the
City, and not to duplicate, replace or supersede the regulations and guidance
from other sources.
b.
The applicant
shall provide the City with a design report prepared by a Professional
Engineer, registered in the State of
1.
Provides all
information requested by the fire department.
2.
Documents that
applicable state and federal permits have been applied for and received.
3.
Identifies and
describes the type and amount of material to be stored, including the number
and size of containers (e.g., 1 container @ 10,000 gal. vs. 10,000 containers @
1 gallon), identifies specific regulations that governs the installation of the
material, and which describe the proposed facilities along with an explanation
of how the regulations have been addressed.
4.
For
installations with more than 60 gallons combined volume of regulated material,
describes the fire protection system(s) that will be in place.
5.
Identifies
location and method of storage.
Documents compliance with the minimum Acceptable Separation Distances
required in Subsection (5) below.
6.
Discusses the
compatibility of the proposed facility with the surrounding land use. Identifies and addresses alternative site
selection, designs, sizes, and construction techniques. Explains how the facility will meet all
noise, odor and traffic related issues.
7.
Discusses the
environmental impact and methods used to mitigate the impact. The applicant is encouraged to provide
information regarding the impacts in terms of jobs and taxes.
8.
If the AGSF
will be located outside, describes how the AGSF will be obscured from the view
of the public by fencing, screening or landscaping, or in the combination
thereof, while maintaining access for fire protection.
9.
Describes road
networks leading from the AGSF to major routes, and explains how residential
neighborhoods will be avoided.
10.
The report
shall be stamped, dated, and signed by a professional engineer, registered in
the State of
(5)
Spill
Prevention. Control and Countermeasure
Plan (SPCC).
a.
The
application shall include information on the materials to be stored in the
proposed facility, identify potential for spills, and identify measures to
prevent, control and correct spills that may occur.
b.
A SPCC plan
shall explain steps that will be taken to mitigate and respond to spills. In particular, it will explain steps that
will be taken to:
1.
Prevent
incompatible chemicals from mixing with one another;
2.
Notify
appropriate agencies of a spill; and
3.
Respond to a
spill during a fire.
c.
If more than
six hundred sixty (660) gallons of liquid or two thousand (2,000) pounds of dry
material will be stored, the SPCC plan shall be prepared in accordance with all
of the provisions of 40 CFR 112 of USEPA regulations under the Clean Water Act
for storage of petroleum products, which provisions are adopted herein and
incorporated as fully set forth, including such amendments or revisions as from
time to time shall be adopted and in effect.
The SPCC is required regardless of the type of materials stored.
(6)
Emergency
Preparedness.
a.
The
application shall include applications and reports required by the provisions
of the SARA Title III Community Right-to-Know and OSHA Employee Right-to-Know
regulations. The provisions of these two
regulations shall apply to all industrial and commercial facilities, regardless
of size, at which flammable, combustible, toxic or hazardous materials are
stored in quantities greater than 50 gallons liquid or 25 pounds dry weight.
b.
The
application shall include an Emergency Preparedness and Response Plan. The applicant shall identify potential
hazards, the steps taken to prevent the hazards from occurring, and the steps
that will be taken in the event of an emergency.
c.
The
application shall provide information requested by the fire department
including the location of materials stored in the facility and information
regarding fire protection systems.
(7) Storm
Water Permit
Companies impacted by the USEPA Storm-water Regulation, 40
CFT Part 122, shall include a copy of the storm-water permit applications, with
the Application for Conditional Use. A
copy of the permit and the storm-water management plans shall be provided when
they become available.
(8) Construction Schedule
The application shall include the proposed schedule for
construction, start-up and operation of the proposed AGSF. Included will be information on the
anticipated length of time for storage.
(i)
Separation Distance Requirements.
(1)
The Acceptable
Separation Distance (ASD) between the proposed facility, and the property line,
public area, private home or structure, and/or other on-site structure shall be
based on applicable codes and regulations.
Codes and violations that must be complied with include, but are not
limited to:
a.
City of
b.
U.S.
Department of Housing and Urban Development, Citing HUD assisted Projects Near
Hazardous Facilities, April 1987, JUD-1060CPD, which provisions are adopted
herein and incorporated as fully set forth, including such amendments or
revisions as from time to time shall be adopted and in effect. A copy of this procedure may be obtained from
the Glendale Building Department.
c.
Wisconsin COMM
10 and other applicable chapters.
d.
National Fire
Protection Agency Code, including, but not limited to, NFPA 30.
e.
Factory Mutual
Systems or other applicable guidelines.
f.
USEPA
Regulations for hazardous substances.
g.
Any other
applicable code, standard or ordinance.
(2)
In any case
where there is a conflict between codes or regulations, the most restrictive
shall apply.
(3)
In the event
that an ASD cannot be met, a proposal shall be submitted to mitigate adverse
impacts.
(j)
Construction Requirements
(1)
The applicant
shall post bond in an amount equal to the estimated construction cost with the
City. Bond will be used to correct
installation if not properly constructed.
(2)
The applicant
shall notify the Director of Inspection Services in writing upon initiating
construction of the AGSF.
(3)
The applicant
shall notify the Director of Inspection Services upon completion of
construction. An AGSF operating permit
will be issued if the facility has been constructed in accordance with the
applicable requirements.
(k)
Operating Requirements
(1)
The permittee
shall notify the Director of Inspection Services in writing upon shutdown of
the AGSF for scheduled maintenance and shall give notice to the Director of
Inspection Services in writing before resuming operation.
(2)
The permittee
shall notify the Director of Inspection Services prior to making any
alteration, modification, or change to the AGSF.
(3)
The permittee
shall be responsible for renewing the operating permit every three (3) years:
a.
The
application for renewal shall include a copy of the annual insurance or safety
reports, and a report from an inspector certified in accordance with COMM 10.
b.
The
application provide the City with a copy of the Certificate of Insurance for
the AGSF, along with copies of annual insurance or safety reports, and shall
submit a letter describing steps that will be taken to comply with the
insurance safety report.
c.
The permit
requires the facility to be inspected by a qualified individual. This person shall inspect the proposed system
and verify the adequacy of the safety and fire protection systems installed
with the tank. The inspector shall
submit a report that describes the operating status of the AGSF, changes to
operation or the physical equipment since issuance of the previous permit,
deficiencies, and appropriate corrective actions.
(l)
Reports and Notifications.
(1)
The permittee
shall maintain an inventory of materials that reconciles purchase, use or sale,
and disposal records. The inventory
shall be maintained on site and be available for inspection. The inventory for petroleum and liquid
chemicals shall be kept on a weekly basis in order to detect product loss or
leakage.
(2)
Every person
having knowledge of a spill, leak, or other loss, including illegal disposal of
waste, toxic or hazardous material, shall report the information immediately to
the Fire Department and to the Department of Natural Resources.
(3)
A building
plan showing the location, amounts, color-coding, and materials in storage
shall be submitted to the Director of Inspection Services and also be kept in
the central office to help the North Shore Fire Department respond to
hazards. The plan should include
information on fire protection features such as the location of control valves
and fire hydrants.
(m)
Compliance.
(1)
All AGSF's
existing at the time of passage of this Section (April 13, 1992) meeting all of
the requirements of this Section shall be upgraded to comply with the
requirements of this Section at the time the AGSF is replaced, modified, or
upgraded. All owners and/or operators of
AGSF must comply with the following schedule:
a.
Notify the
City of the presence of an AGSF and submit an application for conditional use
within three (3) months of passage of this AGSF Section. The application shall include documentation
that the facility is provided with fire protection by a public or private fire
department.
b.
Apply for an
operating permit within twelve (12) months of the passage of this Section. The application shall include the items
described in Subsection (h), application for conditional use. The engineering report shall include a
schedule for achieving compliance, which will be subject to the approval of the
Building Department.
c.
Final
compliance shall be achieved within five (5) years.
(2)
Provisions of
this Section shall be enforced by the Director of Inspection Services. Agents of the Director of Inspection Services
may enter upon any premise at any reasonable time to inspect for compliance.
(3)
Upon request
of an agent of the Director of Inspection Services or Fire Department, the
owner or operator of any premises at which flammable, combustible, toxic or
hazardous materials are used or stored shall furnish all information required
to monitor compliance with the regulations of this Section.
(4)
Users of
flammable, combustible, toxic or hazardous materials are required to submit a
disclosure statement in advance of any significant changes in the use or
handling of the material or change of business ownership, name or address.
(5)
The owner or
operator must notify the City in advance of any material considered being
proprietary or confidential, along with justification for the request, such
material must be stamped “confidential”.
(n)
Failure to Comply.
(1)
The Director
of Inspection Services will issue a written notice of violation to any facility
not in compliance with this Section. The
notice of violation shall specify the nature of the violation, and a schedule
for achieving compliance. The cost of
the remediation shall be borne by the owner and operator of the premises.
(2)
The owner
and/or operator of the facility must respond to the notice of violation within
ten (10) calendar days, describing the steps that have been taken to mitigate
the violation, and the steps that will be taken to correct the situation.
(3)
Failure to
comply with the conditions, commitments, guarantees or the recommendations
established in the approval of the AGSF shall be cause for rescinding the
approval of same.
(4)
Upon notice of
the Director of Inspection Services, the owner shall be required to appear
before the Plan Commission at its next meeting to explain any such failure to
comply, and intended remedial actions, including a compliance schedule.
(5)
The Plan
Commission may set a time limit for compliance or recommend specific steps to
be taken to rescind the approval of the project, including the termination of
the construction, and removal of any AGSF on such site upon thirty (30) days'
notice in writing to the owner at his last known address.
(6)
Penalty for
failure to comply with any provision of this Section shall be Five Thousand
Dollars ($5,000.00) per day of violation.
(o)
Recovery of Costs.
(1)
Every person,
firm or corporation having ownership or control of an AGSF within the City
shall be deemed as a condition of its operating permit to consent to entry upon
premises wherein the AGSF is located as reasonably necessary to extinguish,
confine or clean up any hazardous leak, defective condition, spill or any other
condition associated with such AGSF which presents a threat of fire, or a risk
to the health and/or safety of the citizenry.
(2)
The City shall
have all rights of recovery for costs related to the prevention, control or
extinguishing of any condition as set forth in Subsection (n)(1) above, and for
subsequent cleanup or remedial action necessary pertaining to any fire, leak,
spill or any other condition as described in Sub. (a) and such costs may be
assessed against the property upon which the AGSF is located. This provision shall include, but not be
limited to, all rights of recovery as provided by Section 1989 Wisconsin Act
256, which is specifically adopted in its entirety together with such
amendments or reenactments as shall occur subsequent to the enactment of this
Subsection.
(p)
Applicability of Incorporated Laws and Regulations.
All references to federal and state laws and regulations
shall be deemed to adopt and be included any such amendments or revisions as
from time to time shall be adopted unless specifically excluded by provisions
in this Section.
5.5.1 Director of
Emergency Government
5.5.2 Deputy Director
of Emergency Government
5.5.3 Mutual Aid
Agreements
5.5.4 Appropriation
and Authority
(a)
Creation; Appointment.
There is hereby created the position of Director of Emergency Government, which
position shall be held by the Director of Emergency Government employed by the
"Zone A" Emergency Government Commission, said Commission consisting
of representatives of the City of Glendale and the Villages of River Hills,
Shorewood, Whitefish Bay, Fox Point, Bayside and Brown Deer.
(b)
Powers and Duties.
The Director of Emergency Government as defined in Subsection (a) hereof shall
have all of the powers, duties and responsibilities delegated to him by virtue
of the "Zone A" Emergency Government Agreement entered into by the
City of
(a)
Creation; Appointment.
The office of Deputy Director of Emergency Government is herewith created. The
City Administrator shall serve as, and perform all the duties and
responsibilities of, the Deputy Director of Emergency Government.
(b)
Powers and Duties.
The Deputy Director of Emergency Government shall have direct responsibility
for the organization, administration and operation of the City's Emergency
Government organization and shall be responsible for the carrying out of the
provisions of this Chapter, all subject to the direction and control of the
Common Council. In performing his duties under this Section, the Deputy
Director is particularly authorized and empowered as follows:
(1)
To cooperate
with the Federal Government, other political subdivisions and private agencies
in all matters pertaining to civil defense and emergency government.
(2)
To prepare a
plan and program for the civil defense of the City of Glendale, such plan and
program to be integrated into and coordinated with the civil defense plans of
the Federal Government, the "Zone A” Emergency Government Commission, and
the State of Wisconsin. Said plan shall be presented to the Common Council for
its approval. When the Common Council has approved the plan by resolution, it
shall be the duty of all municipal agencies and all civil defense forces of the
City to perform the duties and functions assigned by the plan as approved. The
plan may be modified in like manner.
(3)
To negotiate
and recommend to the Common Council mutual aid arrangements with other
political subdivisions.
(4)
To procure
supplies and equipment.
(5)
To institute
training and public information programs.
(6)
To take all
other preparatory steps to insure the furnishing of adequately trained and
equipped forces of civil defense and disaster personnel in time of need.
(a)
The Director
for Emergency Government and Disaster may, in collaboration with other public
and private agencies within the State of
(b)
The Mayor may,
subject to the approval of the Common Council, enter into mutual aid
arrangements with civil defense and disaster agencies or organizations in other
political subdivisions or in the State of Wisconsin or in other states for
reciprocal civil defense and disaster aid and assistance in case of war or
disaster too great to be dealt with unassisted.
(a)
The Common
Council shall appropriate, from time to time, such money as may be necessary
for carrying out the purposes of this Chapter, such money to be deposited in an
emergency government account. The said money shall be disbursed in the usual
manner for the disbursement of such finds; excepting in case of emergency, in
which event the director may disburse funds within his discretion and without
the signature or counter-signature of any other City officer.
(b)
Whenever the
Federal Government or the State of
5.6.1 Intent of
Chapter
5.6.2 Definitions
5.6.3 Notification of
Installation
5.6.4 Prohibited Alarm
Systems
5.6.5 False Alarm
Service Response
5.6.6 Penalty for
Violation of Chapter
The
intent of this Chapter is to regulate alarm systems as defined in this Chapter
in the City of
The
following definitions are applicable to this Chapter:
(a) Alarm. Any signal, message or other communication
transmitted by an alarm system or alarm company which causes a response by the
police or fire department. This
definition includes audible alarms whereby neighbors or other persons in the
area report the alarm to the
(b) Alarm
Company. The business of any
individual, partnership, corporation or other entity engaged in selling,
leasing, maintaining, monitoring, servicing, repairing, altering, replacing,
moving or installing any alarm system or in causing any alarm system to be
sold, leased, maintained, monitored, serviced, repaired, altered, replaced,
moved, or installed, in or on any building, structure or facility.
(c) Alarm
System. An intrusion, fire, burglar
or hold-up alarm system, which is designed to summon or cause a response by
either or both the Police and Fire Departments.
(d) Alarm
User. The person, firm, partnership,
association, corporation, company or organization of any kind in control of any
building, structure or facility or portion thereof wherein an alarm system is
in operation.
(e) Applicant.
Any party having an interest in, or property at, the premises where an alarm
system is installed and who submits the data required by this Chapter.
(f) Chargeable
Alarm. A false alarm caused by owner
or employee error, mechanical malfunction, negligence of the owner or
employees, or alarms for unknown causes.
(g) Department. Either the
(h) False
Alarm. (1) A signal from an alarm
system resulting in a response by either or both the Police and Fire
Departments when an emergency situation does not exist, regardless of the
manner in which either the Police or Fire Department is alerted. (2) Any alarm that is later determined by the
officer not to have been the result of an existing emergency or unlawful
situation.
(i) Non-chargeable
Alarm. An alarm that was caused by
an existing emergency or unlawful incident or by forces beyond the control of
the alarm owner or user.
(a)
Notice. Any person
having control over any property within the City of Glendale at which there is
installed or exists an alarm system, or which will have an alarm system
installed which will not be monitored or connected to an alarm company, shall
notify the Glendale Police Department of the system or of his intention to
install such system by providing information as follows:
(1)
Name, address
and telephone number of party who can be contacted in the event of an emergency
or false alarm and is available upon request of the Department within one-half
(1/2) hour to provide a key to the premises for which an alarm has been
activated for the purposes of inspecting such premises or resetting such alarm
system;
(2)
Identification
of party installing the alarm system;
(3)
Identification
of person or firm which may be contacted to report any apparent malfunction in
the alarm system;
(4)
Any other
information deemed necessary by the Police or Fire Chief for the purpose of
providing an appropriate response by either Department, or both;
(5)
Any person,
firm or corporation owning, leasing or operating a private alarm system within
the City of
(6)
No information
required for an application for alarm permits shall be deemed public
information under Section 19.31, Wis. Stats., and instead constitutes information
whose disclosure would result in a compromise of public safety which is not
outweighed by the benefit to the public in disclosure of same; all information
so required shall be maintained in a secured manner by Police and Fire
Department personnel.
(7)
There shall be
no permit fee for the installation of an alarm system. Installation of an alarm
system without notifying the City shall be punish- able by a forfeiture of not
less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00),
for each offense, to the installer; a separate offense shall be deemed
committed each six (6) month period which elapses without the notification to
the City.
(8)
Registration
Exemption. No registration or notice of installation will be required of an alarm
system which is monitored by or connected to an alarm company, provided that
provisions of this Section are maintained by the alarm company and said
information is made available to the Police Department upon request.
(a)
Audible Alarms.
No person, firm or corporation shall use or install an alarm system which upon
activation shall emit an audible alarm unless such system shall automatically
shut off within five (5) minutes after being activated.
(b)
Automatically Activated Phone Dialer. No person, firm or corporation, other than the North Shore
Water Commission Filtration Plant, shall use, or cause to be used, any
telephone or electronic device or attachment that automatically selects the
public telephone trunk line of the Police or Fire Department or any other
department of the City of Glendale which reproduces a pre-recorded message to
report a burglary, fire or other emergency. Any system in operation which is in
violation of this Section shall be modified so that it is no longer in
violation of this Section or shall be disconnected no later than ninety (90)
days following the original enactment of this Chapter.
(a)
Each
false alarm after the first one occurring within any 12 month period shall be
subject to a Fifty Dollar ($50.00) false alarm service response charge. This charge shall be increased by Fifty
Dollars ($50.00) for each succeeding violation to a maximum of Five Hundred
Dollars ($500.00), plus any related court costs. Each false fire alarm after the first one
occurring within any 12 month period shall be subject to a Three Hundred Dollar
($300.00) false alarm charge. This
charge shall be increased by Three Hundred Dollars ($300.00) for each
succeeding violation to a maximum of One Thousand Five Hundred Dollars
($1,500.00), plus any related court costs.
(b)
Each
false alarm originated by a commercial alarm company without the prior
notification to the Police or Fire Department occurring within each calendar
year shall be subject to a One Hundred Dollar ($100.00) false alarm service
response charge. This charge shall be increased by One Hundred Dollars
($100.00) for each succeeding violation to a maximum of Five Hundred Dollars
($500.00).
(c)
A
false alarm service charge may be waived, upon presentation by the applicant
responsible for same, of evidence which satisfies either the Police Chief or
Fire Chief, or their designee, that the false alarm was occasioned by causes
other than negligence, carelessness or inadequate or improper maintenance.
(d)
Each
false alarm service response charge shall be considered a special charge owed
by the alarm user to the City, within the meaning of Section 66.60 (16) of the
Wisconsin Statutes. If the special charge(s) are not paid within thirty (30) days
of receipt of the invoice, it shall be considered delinquent, and shall become
a lien, as of the date of such delinquency, and shall automatically be extended
upon the current or next tax roll as a delinquent tax against the alarm user's
property, and all proceedings in relation to the collection, return and sale of
property for delinquent real estate taxes shall apply to such special charge.
If the alarm user is not the owner of the property, a copy of the invoice
provided for herein shall also be mailed to the owner of said property.
(e)
A
ninety (90) day grace period on all new police and fire alarm systems or police
and fire systems that have been upgraded by reconstruction or conversion to new
technology shall be granted, provided the alarm installer informs the Police
Department, in writing, when a new system is installed or upgraded.
(f)
No
person shall intentionally cause the activation of an alarm device knowing that
no emergency exists.
In
addition to the special charges assessed herein, any person, firm or
corporation who or which shall violate any of the provisions of this Chapter
shall be subject to a forfeiture as prescribed in Sec. 1-1-7 of this Code of
Ordinances.
5.7.1 City
Non-Paramedic Ambulance Runs
(a)
Classification of Requests for Assistance.
(1)
The
regulations of this Section shall apply. to all requests for City ambulance
service. Ambulance requests are classified as follows:
a.
Non-emergency;
b.
Emergency, but not life-threatening; and
c.
Life-threatening.
(2)
If there is
any doubt as to which classification applies, the doubt shall be resolved by
treating the situation as one falling within the next highest classification.
(b)
Transportation Policy.
The City shall respond to a request for ambulance service by dispatching to the
location of the patient either the paramedic ambulance or the regular
ambulance, or both. If, at the location, it is determined that the situation is
life-threatening, as hereinafter defined, the paramedic ambulance shall
transport the patient to the appropriate treatment center. If it is determined
that the situation is an emergency, as hereinafter defined, but not a
life-threatening situation, the regular ambulance shall transport the patient
to a hospital, as hereinafter defined, of the patient's choice within a radius
of three and eight-tenths (3.8) miles from the Glendale Fire Station, unless
all hospitals within such radius do not have the requisite treatment
facilities. In the event the situation is neither life-threatening nor an
emergency, the patient, or the person having custody of the patient, shall be
informed that the patient should be transported by a private ambulance service.
(c)
Definitions.
The following definitions shall be applicable in this Section:
(1)
Life-threatening
Situation. A situation as
described in paragraph 7 of the contract between the City of
(2)
Emergency Situation. One in which speed of conveyance is required for the
well-being of the patient.
(3)
Hospital. An institution providing twenty-four (24) hour continuous
service to patients confined therein which is primarily engaged in providing
facilities for diagnostic and therapeutic services for the surgical and medical
diagnosis, treatment and care, of injured or sick persons, by or under the
supervision of a professional staff of physicians and surgeons, and which is
not primarily a place of rest for the aged, drug addicts or alcoholics, or a
nursing home.
5.8.1 PURPOSE.
5.8.2 DEFINITIONS.
5.8.3 RESIDENCY RESTRICTIONS.
5.8.4 RESIDENCY RESTRICTION EXCEPTIONS.
5.8.5 ORIGINAL DOMICILE RESTRICTION.
5.8.6 CHILD SAFETY ZONES.
5.8.7 CHILD SAFETY ZONE EXCEPTIONS.
5.8.8 VIOLATIONS.
The
Mayor and Common Council of the City of
The
Wisconsin Statutes provide for the punishment, treatment and supervision of
persons convicted or otherwise responsible for sex crimes against children,
including their release into the community.
Chapter
980 of the Wisconsin Statutes provides for the civil commitment of sexually
violent persons, a more dangerous type of sex offender, and specifically, in
§980.08, Stats, following such commitment, under certain conditions, provides for
the supervised release of such persons into the community.
The City
of
Sex
offenders have very high recidivism rates, and according to a 1998 report by
the U.S. Department of Justice, sex offenders are the least likely to be cured
and the most likely to re-offend and
prey on the most innocent members of our society. In addition, more than two-thirds of
the victims of rape and sexual assault are under the age of 18, and sex
offenders have a dramatically higher recidivism rate for their crimes than any
other type of violent felon.
The Common
Council has been advised by staff counsel of the findings of a number of the Legislatures of these United States,
including Wisconsin, and including, but not limited to Pennsylvania,
Alabama, Iowa, Florida, Maine, and Louisiana, as they pertain to laws adopted which relate to and in part impose
restrictions upon sex offenders with respect to residency; and
The Common
Council having also been advised of the decision of the United States Court of Appeals for the 8th Circuit,
in Doe v. Miller, 405 F.3d 700, 716 (8th Cir. 2005), providing in part: “The record does not
support a conclusion that the Iowa General Assembly and the Governor acted
based merely on negative attitudes toward, fear of, or a bare desire to harm a politically
unpopular group. [Citation omitted]. Sex
offenders have a high rate of recidivism, and the parties presented expert
testimony that reducing opportunity and temptation is important to minimizing
the risk of re-offense. Even experts in
the field could not predict with confidence whether a particular sex offender
will re-offend, whether an offender convicted of an offense against a teenager
will be among those who “cross over” to offend against a younger child, or the
degree to which regular proximity to a place where children are located
enhances the risk of re-offense against children. One expert in the district
court opined that it is just “common sense” that limiting the frequency of
contact between sex offenders and areas where children are located is likely to
reduce the risk of an offense. [Citation omitted]. The policymakers of
The Common
Council desires to codify in the Municipal Code in furtherance of the
protection of the safety of its citizens, and to be responsible to their own
citizens, the declaration by the Secretary of the Wisconsin Department of
Health and Family Services and the Secretary of the Wisconsin Department of
Corrections dated October 27, 2006, that Wisconsin law is now explicit, no
sexually violent person may be placed on supervised release in a residence in
the City unless that individual is from the City.
The Common Council having considered
a proposed amendment to the Municipal Code to provide residency restrictions for sex offenders and child safety zones to further
protect children, and upon all of the
records and files and reports and proceedings pertaining to the subject matter,
and all of the prior actions and experience of the City of Glendale in
protecting the Community from sexually
violent persons, finds the proposed amendments will serve to protect the
health, safety and welfare of the Community.
This Chapter is a regulatory
measure aimed at protecting the health and safety of children in
As used in this Chapter and unless
the context otherwise requires:
(a) A “sexually violent
offense” shall have the meaning as set forth in Wis. Stat. §980.01(6), as
amended from time to time.
(b) A “crime against
children” shall mean any of the following offenses set forth within the
Wisconsin Statutes, as amended, or the laws of this or any other state or the
federal government, having like elements necessary for conviction,
respectively:
§940.225(l)
First Degree Sexual Assault;
§940.225(2)
Second Degree Sexual Assault;
§940.125(3) Third Degree Sexual Assault;
§940.22(2) Sexual Exploitation by Therapist;
§940.30
False Imprisonment-victim was minor and not the offender’s child;
§940.3l
Kidnapping victim was minor and not the offender’s child;
§944.0l
Rape (prior statute);
§944.06
Incest;
§944 10
Sexual Intercourse with a Child (prior statute);
§944.11
Indecent Behavior with a Child (prior statute);
§944.12 Enticing Child for Immoral Purposes (prior statute);
§948.02(1)
First Degree Sexual Assault of a Child;
§948.02(2)
Second Degree Sexual Assault of a
Child;
§948.025 Engaging in Repeated Acts of Sexual Assault of the Same Child;
§948.05
Sexual Exploitation of a Child;
§948.055 Causing a Child to View or Listen to Sexual
Activity;
§948.06
Incest with a Child;
§948.07
Child Enticement;
§948.075
Use of a Computer to Facilitate a Child Sex Crime;
§ 948.08
Soliciting a Child for Prostitution;
§948.095 Sexual Assault of a Student by School Instructional Staff;
§948.11(2)(a)
or (am) Exposing Child to Harmful Material felony sections;
§948.12
Possession of Child Pornography;
§948.13
Convicted Child Sex Offender Working with Children;
§948.30 Abduction
of Another’s Child;
§971.17
Not Guilty by Reason of Mental Disease of an included offense; and
§975.06 Sex Crimes Law Commitment.
(c) “Person” means a person
who has been convicted of, or has been found delinquent of, or has been found
not guilty by reason of disease or mental defect of a sexually violent offense
and/or a crime against children.
(d) “Residence” (“reside”)
means the place where a person sleeps, or which qualifies as a residence under
the holdings of the Wisconsin Supreme Court, and which may include more than
one location, and may be mobile or transitory.
A person shall not reside within
two thousand feet of the real property comprising any of the following:
(a) Any facility for children
(which means a public or private school, a group home, as defined in §48.02(7),
Stats., a residential care center for children and youth, as defined in
§48.02(15d), Stats, a shelter care facility, as defined in §48.02(17), Stats.,
a foster home, as defined in §48.02(6), Stats., a treatment foster home, as
defined in §48.02(17q), Stats, a day care center licensed under §48.65, Stats, a day care program
established under §120.13(14), Stats, a day care provider certified under §48.651, Stats, or a youth center, as
defined in §961.01(22), Stats.); and/or
(b) Any facility used for:
(1) a public park, parkway, parkland, park facility;
(2) a
public swimming pool;
(3) a public library;
(4) a recreational trail;
(5) a public playground;
(6) a school for children;
(7) athletic fields used by
children;
(8) a
movie theatre;
(9) a daycare center;
(10) any
specialized school for children,
including, but not limited to a gymnastics academy, dance academy
or music school;
(11) a
public or private golf course or range; and
(12) aquatic facilities open to the public;
The distance shall be
measured from the closest boundary line of the real property supporting the residence of a person
to the closest real property boundary line of the applicable above enumerated use(s).
A person residing within two thousand feet of the real property comprising any of the uses enumerated in 5.8.3 above, does not commit a violation of this chapter if any of the
following apply:
(a) The
person is required to serve a sentence at a jail, prison, juvenile
facility, or other correctional institution or facility.
(b) The
person has established a residence prior to the effective date of this
Ordinance which is within two
thousand feet of any of the uses enumerated in 5.8.3 above, or such enumerated use is newly established after such effective date and it is located
within such two thousand feet of a residence of a person
which was established prior to the
effective date of this Chapter.
(c) The
person is a minor or ward under guardianship.
In addition to and notwithstanding the foregoing, but subject to 5.8.4 above, no person and no individual who has been convicted of, or adjudicated delinquent for, or been
found guilty by reason of mental disease or defect of a sexually violent
offense and/or a crime against children, shall be permitted to reside in
the City of Glendale, unless such person was domiciled in the City of Glendale at the time of the offense resulting in the person’s most
recent conviction for committing
the sexually violent offense and/or crime against children.
No
person shall enter or be
present upon any real property upon
which there exists any facility
used for or which supports a use of:
(1) a public park, parkway,
parkland, park facility;
(2) a public swimming pool;
(3) a public library;
(4) a recreational trail;
(5) a public playground;
(6) a school for children;
(7) athletic fields used by
children;
(8) a movie theatre;
(9) a daycare center;
(10) any specialized school for
children, including, but not limited to a gymnastics academy, dance academy or
music school;
(11) a public or private golf
course or range;
(12) aquatic facilities open to
the public; and
(13) any facility for children (which means a public or
private school, a group home, as defined in §48.02(7), Stats, a residential
care center for children and youth, as defined in §48.02(15d), Stats, a shelter
care facility, as defined in §48.02(17), Stats, a foster home, as defined in
§48.02(6), Stats, a treatment foster home, as defined in §48.02(17q), Stats., a
day care center licensed under §48.65, Stats, a day care program established
under §120.13(14), , a day care provider certified under §48.65l, Stats, or a
youth center, as defined in §96.0l(22), Stats.).
A person does not commit a
violation of 5.8.6 above and the enumerated uses may allow such person on the
property supporting such use if any of the following apply:
(a) The property supporting
an enumerated use under 5.8.6 also supports a church, synagogue, mosque, temple
or other house of religious worship (collectively “church”), subject to the
following conditions:
(1) Entrance and presence
upon the property occurs only during hours of worship or other religious
program/service as posted to the public; and
(2) Written advance notice is made from the person to an individual in charge of the church and approval from an
individual in charge of the church as
designated by the church is made in return, of the attendance by the person; and
(3) The
person shall not participate in
any religious education programs which
include individuals under the
age of 18.
(b) The
property supporting an enumerated use under 5.8.6 also supports a use lawfully
attended by a person’s natural
or adopted child(ren), which
child’s use reasonably requires the
attendance of the person as the
child’s parent upon the
property, subject to the following conditions:
(1) Entrance
and presence upon the property
occurs only during hours of activity related
to the use as posted to the public; and
(2) Written advance notice is made from the person to an individual in charge of the use upon the property and approval from an individual
in charge of the use upon the property as designated by the owner
of the use upon the property is made in return, of the attendance by the person.
(c) The
property supporting an enumerated use under 5.8.6 also supports a polling location in a local, state or federal
election, subject to the following
conditions:
(1) The
person is eligible to vote;
(2) The
designated polling place for
the person is an enumerated use;
and
(3) The
person enters the polling place
property, proceeds to cast a ballot with
whatever usual and customary
assistance is provided to any member of the electorate; and the
person vacates the property immediately
after voting.
(d) The
property supporting an enumerated use under 5.8.6 also supports an elementary or secondary school lawfully attended by
a person as a student under which
circumstances the person who is a student may enter upon that property supporting the school at which the person is enrolled, as is reasonably required
for the educational purposes of the
school.
If a
person violates any provision of this Chapter, by establishing a residence or occupying residential premises within two thousand feet of those premises as described therein, without any exception(s) as also set forth above, the City Attorney, upon referral from
the Chief of Police and the written determination by the Chief of Police that upon all of the facts and circumstances
and the Purpose of this Chapter, such
residence occupancy presents an activity or use of property that interferes substantially with the
comfortable enjoyment of life, health, safety of another or others, shall bring an action in the name of the
City in the Circuit Court for Milwaukee County to permanently enjoin such
residency as a public nuisance. If a
person violates any provision of this Chapter, in addition to the aforesaid
injunctive relief, such person shall be subject to the general penalty
provisions set forth under 1.1.7 of the Glendale Code. Each day a violation continues shall
constitute a separate offense.
5.9.1 LEGISLATIVE INTENT.
5.9.2 DEFINITIONS.
5.9.3 REGULATIONS.
5.9.4 REVIEW.
5.9.5 PENALTY.
The Common Council finds that there exist various forms of
Community Living Arrangement facilities addressing the needs of youth and
elderly citizens within the City of
The terms foster home, group home, residential care facility
for children and youth, treatment foster home, adult family home, boarding
house, residential care apartment complex, assisted living facility, and
community based residential facility, shall have the meanings as set forth in
Section 13.1.200 of the Glendale Code of Ordinances. Collectively, and for purposes of the
following regulations, the foregoing facilities, and all like and similar
facilities, shall be referred to as Community Living Arrangement
facilities. The provisions of this
Chapter shall not apply to daycare centers, nursing homes, general hospitals,
special hospitals, prisons, or jails.
Any owner or operator of a Community Living Arrangement
facility as defined in subsection (b) shall:
(a)
Obtain
an occupancy certificate from the City of Glendale, and shall at all times the
facility’s building or structure is occupied under such occupancy certificate,
and a community living arrangement operated or existent therein, comply with
all City of Glendale code compliance requirements, building codes, and all
other City of Glendale occupancy requirements.
Prior to the issuance of an occupancy permit, all permit applications,
building plans, site plans, and operational plans of such facility shall be
reviewed by the Plan Commission for its determination of compliance with the
regulations as set forth herein. Plan
Commission review of community living arrangement facilities shall be for the
purpose of determining compliance with these provisions, and upon such
determination of such compliance, approval shall be deemed ministerial, and a
matter of discretion. This provision
shall not apply to facilities occupied under an existent occupancy certificate
at the time this provision took effect, nor shall a new occupancy certificate
be required for a facility as to which state licensing requirements change
merely based upon the number of residents.
Nothing in this provision shall be deemed an exception to other building
permit requirements which may be applicable under other provisions of law.
(b)
File
an informational scope of business outline in care of the Director of Community
Development, which shall identify the number of employees, number of residents,
hours of operation, type of care provided, estimated volume of traffic
generated by employees, medical providers, visitors, transport vehicles,
venders, and any other frequentors generally expected upon the premises. In addition, there shall be on file with the
Director of Community Development an information statement providing the
legally registered name of the owner or operator of the facility, the address,
telephone number, and the type and license number of any state or federal
license required to operate the community living arrangement facility, and the
date operation of the facility is anticipated to commence. This provision shall not be construed to
require disclosure of any personal or private information as to employees, or
personal or medical information as to residents.
(c) Comply with all City on-street parking
regulations.
(d) Comply with all City refuse and recycling
regulations.
(e) Comply with all state and local codes
relating to cleanliness, sanitation, fire prevention, and safety, including but
not limited to Disability Acts, the Wisconsin Safe Place statute, and State of
Wisconsin Administrative Code Provisions Com 20.02, Com 61.02, Com 61.03, HFS 82,
83, 88, and 89, as applicable to the specific facility.
(f) Provide off-street parking for all
employees, visitors, transport pick-up and drop off vehicles, and designate
off-street parking for handicapped individuals.
(g) Maintain on file with the Glendale Police
Department two emergency contacts including the name, telephone number,
address, fax number, and e-mail contact information for each such contact.
(h) Provide an audible/visual fire alarm
system, and a plan of emergency ingress and egress, consistent with the
requirements of subsection 5 above.
The Common Council, subsequent to review by the Plan
Commission and grant of an occupancy certificate, may, under authority of
Section 62.23(7)(i)9, Wis. Stats., not less than 11 months nor more than 13
months after the licensure of the facility, make a determination as to the
effect of the facility on the public health, safety, or welfare. Such review shall occur upon request of and
statement by the City Administrator that there is probable cause to believe
that such review is necessary for the health, welfare and safety of the
Any owner, operator, agent, or employee of any Community
Living Arrangement facility who violates any of the foregoing provisions shall
be subject to such penalties as provided in Section 1.1.7 of the Glendale
Code. In addition, occupancy of the
building or structure in which the Community Living Arrangement facility is
operated shall be deemed conditioned upon compliance with the foregoing
regulations, and the Common Council reserves the right, upon notice of hearing
to the owner or applicant, to review and revoke any occupancy certificate
issued in the event such violation of the foregoing provisions is determined by
the Common Council to present an unreasonable risk to the health, welfare or
safety of residents therein as hereinbefore set forth.
5.10.1 FINDINGS.
5.10.2 DEFINITION.
5.10.3 PROCEDURE.
5.10.4 CAMERA
STANDARDS.
5.10.5 APPEAL.
5.10.6 PENALTY.
The
Common Council finds that any retail establishment that has generated 3 or more
calls for police service for criminal activities within a one-year period may
be required to install a security camera to help insure the safety and welfare
of the people of the city of
For
the purposes of this section, “retail establishment” means an establishment
providing retail sale of new or used products to the public and rendering
services incidental to the sale of such products and includes hotels.
Whenever
the Chief of Police determines 3 or more crimes, as defined in s. 939.12, Wis.
Stats., have occurred at a retail establishment on separate days within a
one-year period, the Chief of Police may notify the premises owner in writing
that the owner is required to install a security camera to the standard set
forth in sub. (d). The premises owner shall have 60 days from the date of
notification to install a security camera. This notice shall be deemed to be
properly delivered if sent either by first class mail to the premises owner’s
last known address or if delivered in person to the premises owner. If the
premises owner cannot be located, the notice shall be deemed to be properly
delivered if a copy of it is left at the premises owner’s usual place of abode
in the presence of some competent member of the family at least 14 years of age
or a competent adult currently residing there and who shall be informed of the
contents of the notice. If a current address cannot be located, it shall be
deemed sufficient if a copy of the notice is sent by first class mail to the
last known address of the owner. This
notice shall contain:
(a) The street address or legal description sufficient for
identification of the premises.
(b) A description of the crimes that have occurred at the
premises.
(c) A statement that the premises owner may within 10 days of the
date of the service of the notice appeal to the chief of police.
(d) A notice of the premises owner’s further right to appeal
pursuant to sub. (e).
(a) Install, maintain in proper working order and operate during
all hours the store is open to customers a security camera which can produce
reproducible digital color images.
(b) The camera shall be placed to provide a clear and identifiable
full frame of the filmed individual’s face, either entering, exiting or at the
cash register. Hanging displays shall not obstruct views of the individual’s
face.
(c) If a time-lapse digital video recorder is operated, recorded
images shall not be recorded at a slower speed than 24 hours.
(d) Recorded digital image files shall be kept for a minimum of 72
hours.
Appeal
of the determination of the Chief of Police pursuant to sub. (c) may be
submitted to the Board of Appeals. The
Board may extend the installation period beyond 60 days in the case of a financial
hardship.
Any premises owner who violates
any of the provisions of this ordinance shall be subject to the penalties and
remedies as set forth in Section 1.1.7 of the Glendale Code.