5      Public Safety

 

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

 

 

5.1    Law Enforcement

 

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

 

5.1.1                           ORGANIZATION OF POLICE DEPARTMENT.

 

(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 Glendale.

(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.

 

 

5.1.2                           RECORDS AND REPORTS.

 

(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.

 

 

5.1.3                           GENERAL POWERS OF POLICE OFFICERS.

 

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.

 

 

5.1.4                           RESPONSIBILITIES OF CHIEF OF POLICE.

 

(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.

 

 

5.1.5                           RULES AND POLICIES FOR THE POLICE DEPARTMENT.

 

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.

 

 

5.1.6                           MAINTENANCE OF PERSONNEL RECORDS AND PERFORMANCE EVALUATIONS.

 

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.

 

 

5.1.7                           POLICE CHIEF'S RESPONSIBILITY FOR TRAINING.

 

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    Fire Prevention

 

 

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

 

 

5.2.1                           IMPEDING FIRE EQUIPMENT PROHIBITED.

 

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.

 

 

5.2.2                           POLICE POWER OF THE DEPARTMENT.

 

(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.

 

 

5.2.3               DAMAGING FIRE HOSE PROHIBITED; PARKING BY HYDRANTS; BLOCKING FIRE LANES.

 

(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.

 

 

5.2.4                           FIREMEN MAY ENTER ADJACENT PROPERTY.

 

(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.

 

 

 

5.2.5                           VEHICLES TO YIELD RIGHT-OF-WAY.

 

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.

 

 

5.2.6                           INTERFERENCE WITH USE OF HYDRANTS PROHIBITED.

 

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.

 

 

5.2.7                           OPEN BURNING.

 

(a)               Open Burning Prohibited.  No person, firm or corporation shall build or kindle any outdoor fire, including but not limited to the burning of leaves or garbage within the corporate limits of the City of Glendale excepting as set forth in Subsection (B) of this Section.

(b)               Exceptions.

(1)               Outdoor cooking over a fire contained in a device or structure designed for such use; the burning of wood or similar fuel in free standing pottery devices or metal containers is prohibited unless used for cooking purposes, and then only in the event that such devices or containers are not on combustible surfaces, nor within 10 feet of a combustible structure.

(2)               Outdoor burning, ceremonial campfire or bonfires, with prior written approval of the City, which approval shall only be given upon receipt of the recommendation of the North Shore Fire Department that the same can proceed safely upon such conditions that the City or Fire Department shall deem necessary for the public health, welfare and safety.

(3)               It shall be unlawful for any person, firm or corporation to burn solid waste in any manner except as provided elsewhere in this Code.

(4)               The foregoing exceptions shall supercede any codes adopted by reference elsewhere in this Title and Chapter.

(c)               Department May Prohibit.  The Fire Department is permitted to prohibit any or all bonfires when atmospheric conditions or local circumstances make such fires hazardous.

(d)               Burning on Streets.  No materials may be burned upon any street, curb, gutter or sidewalk.

(e)               Liability.  Persons utilizing and maintaining outdoor fires shall assume all liability and responsibility for any damage caused to their property or adjoining property because of the kindling or maintaining of that fire.

 

 

5.2.8                           FALSE ALARMS; MEDDLING WITH APPARATUS.

 

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    Bureau of Fire Prevention

 

 

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

 

 

5.3.1.                          FIRE PREVENTION BUREAU.

 

(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 Wisconsin.

(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 Wisconsin and rules of the Department of Commerce, particularly Section 101.14, Wis. Stats.

(2)       While acting as a fire inspector pursuant to Sec. 101.14(2), Wis. Stats. the Chief or his/her designees, shall have the right and authority to enter any building or upon any premises in the City of Glendale at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this Code of Ordinances, he/she may deem necessary.  Should the Chief find that any provisions of this Code relating to fire hazards and prevention of fires are being violated, or that a fire hazard exists which should be eliminated, it shall be his/her duty to give such directions for the abatement of such conditions as he/she shall deem necessary, and if such directions are not complied with, to report such noncompliance to the Director of Inspection Services for further action.

(c)        Fire Inspection Permits.

(1)       Definitions.  As used in this Chapter:

(a)       North Shore Fire Department.  That Fire Department created by an Intergovernmental Cooperation Agreement for fire and emergency services, which Department is jointly owned and operated by the Villages of Bayside, Brown Deer, Fox Point, River Hills, Shorewood, Whitefish Bay, and the City of Glendale, pursuant to the amended and restated North Shore Fire Department Agreement dated December 30, 1994, and under authority of the provisions of §§61.65 and 66.0301, Wis. Stats.

(b)       Public building.  Defined in Section 101.02 (12), Wis. Stats. (2001-2002 or as hereafter amended) as set forth here to mean any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by a multiple family dwelling occupied by 3 or more tenants as defined in Section 13-1-200(32) of the Glendale Code.

(c)        Place of employment.  Defined in Section 101.02 (11) Wis. Stats. (2001-2002 or as hereafter amended) as set forth here to mean every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming.

(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           $100.00 per test

         (two (2) hour test)

         Fire Pump Test                                   $75.00 per test

         Fire Alarm and Detection                  $50.00 per test

         System Test

         Hood and Duct Suppression             $50.00 per test

         System Test

         Other Suppression System Test       $50.00 per test

         Smoke Evacuation System Test      $50.00 per test

         Spray Booth System Test                  $50.00 per test

Special Plan Review or Inspection:     Normal Fee, Subject to Overtime

                              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: $50.00 per hour

Plan Review (includes site inspection):

         Construction Compliance with             $0.05/sq. ft. ($75.00 minimum per NFPA 101/Fire Code                                                       plan)

      Performance-based or                         $0.05/sq. ft. ($100.00 minimum per

      Alternative Design                                 plan)

      Fire Alarm and Detection                     $0.05/sq. ft. ($75.00 minimum per

      Systems                                                  plan)

      Audio/Visual Annunciation                   $75.00 per plan

      Systems

      Hood and Duct Suppression                $75.00 per plan

      Systems

      Other Suppression Systems                $75.00 per plan

      (FM200, Cardox, etc.)

      Smoke Evacuation Systems                $75.00 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                       $75.00 per plan