1717 East Park Street, Two Rivers WI 54241 (920) 793-5523

 

Title 3: Public Safety

 

Chapter 1: Police and Fire Protection

 

Sec. 3-1-1 Director of Public Safety

 The City Manager shall serve as the Director of Public Safety.

Sec. 3-1-2 Fire Prevention Code Adopted

(a)WISCONSIN ADMINISTRATIVE CODE ADOPTED. The City of Two Rivers adopts by reference the most current State of Wisconsin Administrative Code Department of Safety and Professional Services chapters pertaining to fire prevention and its referenced National Fire Protection Association Codes.

(b)ENFORCEMENT. The Fire Prevention Code shall be enforced by the Chief of the Fire Department and such personnel as he may designate. The Chief of the Fire Department or his designee is hereby authorized to issue citations for violations of the Municipal Code which are directly related to their official responsibilities.

(c)DEFINITIONS.

(d)MODIFICATIONS. The Chief of the Fire Department may grant a variance to the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in carrying out the strict letter of the Code, provided the spirit of the Code shall be observed, public safety secured and substantial justice done. The particulars of such modifications when granted or allowed and the decision of the Chief of the Fire Department thereon shall be entered upon the records of the Department and a signed copy shall be furnished the applicant. A copy of each order or modification by the Fire Chief shall be filed with the City Manager.

(e)APPEALS. Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Board of Appeals created by Section 2-5-2 of the Municipal Code within thirty (30) days from the date of the decision of the appeal.

(f)OFFENSES. Any person who shall violate any of the provisions of this Section, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail tocomply with such an order as affirmed or modified by the Board of Appeals or by a court of competent jurisdiction within the time fixed herein, shall be subject to the penalty of this code.

(g) APPLICATION. Where different sections of this code specify different requirements, the most restrictive requirements shall govern.

Sec. 3-1-3 Bonfires and Recreational Fires

(a) BONFIRES. Bonfires mean a large open air fire kindled to mark a public event, victory celebration or similar occurrence.

(b) RECREATIONAL FIRES. "Recreational fires", are defined as small campfires on private property, small fires confined to puts, or outdoor cooking fires. In addition to the following, the provisions of subsection 3-1-3(f) shall apply to such fires.

(c) APPROVED COOKING DEVICES. Approved cooking devices, such as but not limited to, gas grills, charcoal grills, electric grills, shall not be used above the first floor of any structure containing three (3) or more living units.

(d) REFUSE. The burning of refuse is prohibited. Materials that may not be burned include, but not limited to garbage, trash, any material made of or coated with rubber, plastic, leather or petroleum based materials and may not contain any flammable or combustible liquids. Burning batteries, waste oil, appliances, and household furniture are also prohibited.

(e) RECYCLABLES. The burning of leaves, cardboard, and paper is hereby prohibited, as these materials are recyclables. Twigs and branches are also recyclables but may be burned in accordance with sub section 3-1-3(b).

(f) COMPLAINTS. Complaints received by either the Fire and/or Police Departments regarding smoke or ash residue infringing on adjacent properties may require that such fires be immediately extinguished or be subject to the general penalty of this code.

(g) CHIEF MAY PROHIBIT. The Fire chief, or designee, may prohibit any and all bonfires, recreational, or cooking fires when atmospheric conditions or local conditions make such fires hazardous.

(h) OTHER REGULATIONS. Burning may also be subject to the Administrative rules of the Department of Natural Resources.

Sec. 3-1-4 Bulk Storage of Inflammables

(a) No person shall construct, maintain or operate any bulk storage tanks for the purpose of sale and distribution to consumers at any place within the City without first obtaining a conditional use permit for the same.

(b) No person shall hereafter construct or install any bulk storage tanks for the storage of gasoline either above or below ground in any Residence District.

(c) Liquified petroleum gas tanks shall be installed only after a permit has been issued and shall conform with the applicable sections of the Wisconsin Administrative Code for liquified petroleum gases with the following exceptions:

(d) REMOVAL OF UNDERGROUND STORAGE TANKS. Underground flammable liquid storage tanks shall be removed in accordance with Chapter COMM 10. After said tank(s) is removed the excavation shall be filed with clean well compacted fill to the surface of the adjacent grade.

Sec. 3-1-5 Prohibited Discharges

(a) PROHIBITED DISCHARGES. No person, firm or corporation shall discharge or cause to be discharged, leaked, leached or spilled upon any public or private street, alley, public or private property, or unto the ground, surface waters, subsurface waters, or aquifers within the City of Two Rivers, except those areas specifically licensed for waste disposal or landfill activities and to receive such materials, any explosive, flammable or combustible solid, liquid or gas, any radioactive material at or above Nuclear Regulatory Restriction levels, etiologic agents, any solid, liquid or gas creating a hazard, potential hazard, or public nuisance or any solid, liquid or gas having a deleterious effect on the environment.

(b) CONTAINMENT, CLEAN-UP AND RESTORATION. Any person, firm or corporation in violation of the above section shall, upon direction of any Emergency Government officer, Fire or Police personnel, begin immediate actions to contain, clean up and remove to an approved repository the offending material(s) and restore the site to its original condition, with the offending person, firm, or corporation being responsible for all expenses incurred. Should any person, firm, or corporation fail to engage the necessary staff and equipment to comply or to complete the requirements of this section, the Office of Emergency Government, Fire or Police personnel may order required actions to be taken by public or private resources and allow recovery of any and all costs incurred by the City of Two Rivers.

(c) EMERGENCY SERVICES RESPONSE. Include, but shall not be limited to: Fire Service, Emergency Medical Service, and/or Law Enforcement. A person, firm or corporation who possesses or controls a hazardous substance which is discharged or who causes the discharge of a hazardous substance shall be responsible for reimbursement to the responding agencies for actual and necessary expenses incurred in carrying out their duties under this ordinance. Actual and necessary expenses may include but not be limited to: replacement of equipment damaged by the hazardous material, cleaning, decontamination and maintenance of the equipment specific to the incident, costs incurred in the procurement and use of specialized equipment specific to the incident, specific laboratory expenses incurred in the recognition and identification of hazardous substances in the evaluation of response, decontamination, clean up, and medical surveillance and costs incurred in future medical surveillance of response personnel as required by the responding agencies or personnel's medical professional.

(d) SITE ACCESS. Access to any site, public or private, where a prohibited discharge is indicated or suspected will be provided to Emergency Government officers and staff and to City of Two Rivers Fire and Police department personnel for the purpose of evaluating the threat to the public and monitoring containment, clean up and restoration activities.

(e) PUBLIC PROTECTION. Should any prohibited discharge occur that threatens the life, safety or health of the public at, near or around the site of a prohibited discharge and that the situation is so critical that immediate steps must be taken to protect life and limb, the Public Safety Director, the Coordinator of Emergency Government, his/her designee, or the senior Fire or Police official on the scene of the emergency may order an evacuation of the area or take appropriate steps for a period of time until the Two Rivers City Council, Wisconsin Department of Natural Resources or other federal, state, or county agency can take appropriate action.

(f) CIVIL LIABILITY. Any person, firm, or corporation in violation of this section shall be liable to the City of Two Rivers for any expenses incurred by the City of Two Rivers or loss or damage sustained by the City of Two Rivers by reason of such violations, in addition to any other penalties provided for herein.

Sec. 3-1-6 Portable Commercial Cooking Equipment

(a) SCOPE. The scope of this ordinance includes:

As used in this ordinance, "approved" means acceptable to the authority having jurisdiction; "Authority Having Jurisdiction (AHJ)" means the Chief of the City of Two Rivers Fire Department or his/her designee; and "grease laden vapors" means grease that becomes liberated and entrained with exhaust air or might be visible as a liquid or solid.

(b) OPERATION AND USE. Any person using and/or operating any approved cooking equipment shall be properly trained in its use and operation. Training shall be current and documented. Training shall include, but not be limited to, cooking under normal situations. In addition, training shall include procedures for an emergency shut down in the event of a fire or other emergency.

(c) ATTENDANCE. The cooking equipment must be attended at all times by a competent trained individual of at least 18 years of age.

(d) LOCATION. The location of the cooking unit, unless contained within a vehicle, trailer, or roofed enclosure, shall be a minimum of 10 feet away from any displays, tents, buildings, or other combustibles.

(e) FIRE PROTECTION. In addition to units that may include fire protection systems, portable fire extinguishers are required per NFPA 1,10 and 58, (most current editions), as follows:

(f) NOTIFICATION. Any user of such equipment shall notify the City of Two Rivers Fire Department when the cooking equipment will be used within the City of Two Rivers. Notification shall be at a minimum 48 hours in advance.

(g) OWNER'S RESPONSIBILITY. It is the responsibility of the owner of the cooking unit to ensure that proper training has been provided, emergency procedures are mounted, and that all the required equipment is included and maintained in accordance with applicable codes, (this includes the proper type and size of portable fire extinguishers).

Sec. 3-1-7 Fire Suppression Systems

(a) SPRINKLER SYSTEMS. Prior to any modification to existing commercial and industrial sprinkler systems or installation of a new sprinkler system, the plans approved by the state for such systems shall be submitted to the fire department or its designee for review, when not already required by the state.

(b) OTHER FIRE SUPPRESSION SYSTEMS. Prior to any modification to or installation of any new fire suppression system, or the alteration of an existing system, plans shall be submitted to the fire department or its designee for review, when not already required by the stated.

(c) FIRE EXTINGUISHERS. The installation, maintenance, selection, and distribution of portable fire extinguishers shall be in accordance with NFPA 1 Fire Code Chapter 13.6 and NFPA 10 Standard for Portable Fire Extinguishers, except as otherwise provided hereunder.

Sec. 3-1-8 Private Fire Service Mains

(a) PRIVATE FIRE SERVICE MAINS AND THEIR APPURTENANCES. Prior to any modification to, or installation of a Private Fire Service Main and the Appurtenances, or the alteration of a Private Fire Service Main and their Appurtenances, plans approved by the state for such systems shall be submitted to the fire department or its designee for review, when not already required by the state. Only approved hydrants and post indicator valves (PIVs) shall be allowed for use on private property for the sole purpose of fire protection.

Sec. 3-1-9 Fire Alarm and Detection Systems

(a) FIRE ALARM AND DETECTION SYSTEMS. Prior to installation of any new fire alarm or detection system, or the alteration of an existing system, the plans approved by the State for such systems shall be submitted to the fire department or its designee for review, when not already required by the state.

Sec. 3-1-10 Rapid Entry System

(a) RAPID ENTRY KEY BOXES REQUIRED. The City of Two Rivers elects to require the use of rapid entry lock box devices and associated equipment as provided by The Knox Company and currently in use by the fire department, for all commercial, industrial and residential buildings that have a fire sprinkler system and/or alarm systems with annunciator panel.

(b)RAPID ENTRY KEY BOXES RECOMMENDED. The City recommends use of rapid entry lock box devises and associated equipment as described in (a) above in the following types of buildings; where building owners elect to provide such rapid entry lock box devices to facilitate access by the fire department, such devices and associated equipment shall be provided by The Knox Company and of the type currently in use by the fire department:

(c) LOCATION. The key box shall be installed in an accessible location approved by the fire department. The key box shall be mounted not less than five (5) feet, or more than seven (7) feet, above ground level immediately below the installation.

(d) CONTENTS. The key box shall contain keys for the following:

(e) OWNERS RESPONSIBILITY. Owners are required:

(e) VIOLATION. It shall be unlawful to tamper with or remove any key box without the permission of the Fire Department

Sec. 3-1-11 Outdoor Solid Fuel Burning Furnaces

(a)No person shall install, use, or maintain an outdoor solid fuel burning furnace in the City of Two Rivers.

Sec. 3-1-12 Emergency Services Cost Recovery

 A person, persons or entity causing an incident, including but not limited to a motor vehicle accident, fire, hazardous substance spill, or other action, which results in the provision of emergency services by the City, shall be responsible for reimbursement of costs incurred y the City in providing Fire Service, emergency Medical Service, and/or Law Enforcement Service in connection with such incident, in such amounts as shall be determined by the City Council by resolution to be adopted annually. Such costs shall include, but shall not be limited to, the costs of labor of the relevant City officers, employees and officials providing such services; replacement of City equipment damaged in providing such services; equipment cleaning, decontamination and maintenance specific to the incident; costs incurred in the procurement and use of specialized equipment specific to the incident.

Sec. 3-1-13 Reserved for Future Use

Sec. 3-1-14 Reserved for Future Use

Sec. 3-1-15 Reserved for Future Use

Sec. 3-1-16 Reserved for Future Use

Sec. 3-1-17 Reserved for Future Use

Sec. 3-1-18 Reserved for Future Use

Sec. 3-1-19 Fee Schedule for Police and Fire Protection and Emergency Medical Services

 The City Council shall at least once each calendar year adopt a resolution or resolutions determining and identifying fees to reimburse the City for costs related to the provision of Police and Fire Protection and Emergency Medical Services ("EMS") under the pertinent Sections of Title 3, Chapter 1 of the Municipal Code, as such Sections now exist or may be adopted or amended in the future.

 The City Manager's Office shall maintain a comprehensive listing of all fees adopted by the City Council pursuant to this Ordinance.

Sec. 3-1-20 Penalty

 Any person who shall violate any provision of this Chapter or any order, rule or regulation made or adopted hereunder or if any person shall obstruct or hinder the Fire Inspector, his/her deputy or any designated Fire Department member in the performance of his/her duty, or refuse to observe any lawful direction given by the inspector, his/her deputy, such person shall, be subject to the general provisions penalty of this Code. Each violation and each day the violation continues or occurs shall constitute a separate offense. Nothing in this section shall preclude the City from maintaining any appropriate action to prevent or to remove a violation of any provision of this Section.

Chapter 2: Emergency Vehicles

Sec. 3-2-1 Emergency Vehicles

  The City shall purchase and maintain a sufficient number of emergency vehicles to provide such services as is considered appropriate by the City Council. The City Council shall determine, by ordinance or resolution, the fee to be charged by the City and paid to the City Clerk-Treasurer for each use of such vehicles.

Chapter 3: Emergency Government

Sec. 3-3-1 County Joint Action Ordinance Adopted

(a) A Joint Action Ordinance of the Board of Supervisors of the emergency government plan of organization adopted by said County Board of the 18th day of April, 1967, is adopted and made a part hereof, by reference, and is hereby ratified and accepted by the City of Two Rivers, County of Manitowoc.

(b) This ratification and acceptance of the Joint Action Ordinance shall constitute a Mutual Agreement between the City and County of Manitowoc as provided by Section IX of said Joint Action Ordinance.

Sec. 3-3-2 County Municipal Emergency Government Director

  The County Municipal Emergency Government Director, appointed and employed by the Manitowoc County Board as provided in the referred to Ordinance, described in Section 3-3-1, is hereby designated and appointed Emergency Government Director for the City of Two Rivers, subject to the conditions and provisions as set forth in the Wisconsin Statutes, and the Manitowoc County Joint Action Ordinance.

Chapter 4: Health and Sanitation

Sec. 3-4-1 Public Health Nuisances Prohibited

  No person shall maintain or permit to be maintained or to emanate from his premises any public health nuisance as defined in Section 146.14, Wis. Stats. The Health Officer or person in charge of the duties of the Health Officer may proceed under Section 146.14, Wis. Stats. to abate any such public health nuisance.

Chapter 5: Lost and Abandoned Property

Sec. 3-5-1 Lost and Abandoned Property

(a) Property which appears to be lost or abandoned, discovered by officers or turned in to the Police Department by citizens, shall be disposed of according to this Section.

(b) Lost and abandoned property will be examined by the Police Department for identifying marks in an attempt to determine the owner. If identifying marks are present, they shall be used by the Police Department to attempt to contact the owner to return the property. If no identifying marks are present, the property shall be turned over the Police Department's property custodian.

(c) No police officer shall keep for his or her own use property found in the course of duty, nor take possession of property during off-duty hours when the discovery was made while on duty.

(d) The Police Department shall permit citizens to claim lost property if they can provide sufficient proof that they are rightful owners.

(e) Pursuant to Section 66.28, Wis. Stats., the Police Department shall hold an auction to dispose of any property which has been abandoned or which remained unclaimed for a period of thirty (30) days after having been taken into possession by the Department. If the property is usable for Department operations, the property need not be sold at auction, but may become the property of the Department.

(f) No member of the Police Department or any other City employee shall receive any lost, stolen, abandoned or other unclaimed property from the Police Department, unless that person receives a written receipt signed by the Chief of Police, a copy of which shall remain at the Police Department.

Chapter 6: Fair Housing

Sec. 3-6-1 Equal Rights in Housing

(a) The following sections of the Wisconsin Statues related to equal rights in housing are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any Statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions, or modifications of the Statutes incorporated herein are intended be made part of this Code.

(b) This section to include, as a protected class, families with children as defined by the Federal Fair Housing Act of 1988.

(c) Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in the general penalty provisions of this Code as set forth in Section 1-1-7 hereof.

Sec. 3-6-2 Fair and Open Housing

(a) The City of Two Rivers, Wisconsin, hereby adopts Section 106.50 of the Wisconsin Statutes, as amended, and all subsequent amendments thereto.

(b) The appropriate officials and employees of the City of Two Rivers, Wisconsin, shall assist in the orderly prevention and removal of all discrimination in housing within the City of Two Rivers, by implementing the authority and enforcement procedures set forth in Section 106.50, Wis. Stats., as amended.

(c) The City Clerk shall maintain forms for complaints to be filed under Section 106.50, Wis. Stats., as amended, and shall assist any person alleging a violation thereof within the City of Two Rivers to file a complaint thereunder with the Wisconsin Department of Workforce Development, Equal Rights Division, for enforcement of that statute, as amended.