Ferryville Ordinance Chapter 3
POLICE, CIVIL DEFENSE AND FIRE DEPARTMENT
3.02 Appointment and Removal
3.03 General Powers of Police Officers
3.04 Chief of Police
3.05 Civilians to Assist
3.06 Obedience to Officers
3.07 Assisting Escape of Prisoner
3.08 Personating Police Officers
3.09 Special Peace Officers
3.10 Civil Defense
3.11 Fire Department Organization
3.12 Fire Chief - EMR Director
3.13 Equipment and Apparatus
3.14 Police Power of Department
3.15 False Fire Alarms Prohibited
3.16 Fire Inspection
3.18 Municipal Court
The Police Department of the Village of Ferryville shall consist of the Chief of Police
and such other police officers as the Village Board may prescribe from time to time by
ordinance or resolution.
3.02 APPOINTMENT AND REMOVAL
Police officers, other than the Chief, shall be selected by the Chief subject to
approval of the Village Board. The Chief shall have full authority to demote, suspend
temporarily or remove from the force any officer of the Department, subject to the
right of such officer to appeal to the Village Board for reinstatement.
3.03 GENERAL POWERS OF POLICE OFFICERS
The Chief of Police and all policemen of the Village shall possess the powers, enjoy
the privileges and be subject to the liabilities conferred and imposed by law on Village
marshals and constables. Every member of the Police Department shall have full
power and authority and it shall be his duty to:
(1) Arrest all persons in the Village engaged in any disturbance of the peace or
violating any law or ordinance of the State or Village or aiding or abetting in such
violation and take all such persons in charge and confine them and within a
reasonable time bring them before the court with proper jurisdiction to be dealt with
according to law.
(2) Familiarize himself/herself with the ordinances of the Village and attend to the
enforcement of such ordinances by all lawful means.
(3) Help prevent crimes, misdemeanors and violations of Village ordinances and
protect the health, safety, public peace and order of the Village and its inhabitants.
(4) Report all street and sidewalk obstructions, unlighted street lamps, unlawful
street signs or signals and defective or dangerous streets and sidewalks to the
Director of Public Works.
(5) Assist the Fire Department in maintaining order at the scene of a fire.
(6) See that the necessary permits and licenses issued by the proper authority of the
State or Village are in the possession of or properly displayed by any person engaged
in an activity or business within the Village for which such permit or license it required
and that the terms of such permits or licenses are complied with.
3.04 CHIEF OF POLICE
(1) Appointment. See s. 2.03 of this code.
(2) Duties. In addition to the duties imposed upon him by s 3.03, the Chief of Police
shall have the following duties:
(a) He/she shall keep in his office a record of all arrests made by members of the
Department, traffic tickets issued, the dates, hours and places thereof, names of
persons arrested, arresting officers, offenses charged, actions taken and results.
(3) Powers. The Chief shall have command of the police force of the Village of
Ferryville and shall have custody, care and control of the property and equipment of
3.05 CIVILIANS TO ASSIST
It shall be the duty of all persons in the Village, when called upon by any police officer
or peace officer, to promptly aid and assist him in the execution of his duties and
whoever shall neglect or refuse to give such aid or assistance shall be subject to a
penalty as provide in s. 13.04 of this code.
3.06 OBEDIENCE TO OFFICERS
See s. 9.09 to this code.
3.07 ASSISTING ESCAPE OF PRISONER
No person shall assist any person in the custody of any police or peace officer to
escape or attempt to escape from such custody.
3.08 PERSONATING POLICE OFFICERS
No person shall personate a policeman or peace officer within the Village of
3.09 SPECIAL PEACE OFFICERS
The Village President and Trustee shall have and exercise the powers of peace
officers and may summarily suppress any riotous or disorderly conduct in the streets
or public places of the Village.
3.10 CIVIL DEFENSE
(1) Definition. Civil defense shall mean the preparation for and the carrying out of all
emergency functions other that functions for which the military forces are primarily
responsible, to minimize and repair injury and damage resulting from disaster caused
by enemy attack, sabotage or other hostile action or by fire, flood or other natural
(2) Civil Defense Director.
(a) Appointment. See s. 2.06 of this code.
(b) Duties and Powers. The Director shall be the executive head of the Village civil
defense organization and shall have direct responsibility for the organization,
administration and operation of the organization, subject to the direction and control
of the Village President and the Village Board. In addition to such powers and
responsibilities as may be imposed on him from time to time by the Village Board,
he/she shall have the authority and it shall be his/her duty to:
(1) Coordinate all activities for civil defense within the Village.
(2) Maintain liaison and cooperate with civil defense agencies and organizations of
other political subdivisions and of the State and Federal government.
(3) Participate in county and State civil defense activities upon request.
(4) Prepare a comprehensive general plan for the civil defense of the Village and
present such plan to the Village Board for approval.
(5) Subject to the approval of the Village Board, enter into mutual aid agreements
with other political subdivisions and file copies of any such agreements with the State
Director of Civil Defense.
(6) Upon the declaration of an emergency, issue all necessary proclamations as to
the existence of such state or emergency and such disaster warnings or alerts as
shall be required in the civil defense plan.
(3) Utilization of Existing Services and Facilities. In preparing and executing the civil
defense plan, the Director shall utilize the services, equipment, supplies and facilities
of the existing departments and agencies of the Village to the maximum extent
practicable. When the Village Board has approved the plan, it shall be the duty of all
municipal agencies and departments of the Village to perform the duties and
functions assigned by the approved plan.
(4) Declaration of Emergencies. The civil defense organization shall take action in
accordance with the civil defense plan only after the declaration of an emergency and
issuance of official disaster warnings. Declaration of emergency shall be made by the
Governor, the Village Board, and the Village President or, in his absence, by the
Director. Such state of emergency shall continue until terminated by the issuing
authority, provided that any declaration not issued by the Governor may be
terminated by the Village Board.
(5) Emergency Regulations. Whenever necessary to meet a civil defense emergency
for which adequate regulations have not been adopted by the Village Board, the
Village President and, in his/her absence, the Director of Civil Defense, may proclaim,
promulgate and enforce order, rules and regulations relating to the conduct of
persons and the use of property which are necessary to protect the public peace,
health and safety, and preserve lives and property, and to insure cooperation in civil
defend activities. Such proclamations shall be posted in 3 public places and may be
rescinded by resolution of the Village Board.
(6) Obstruction of Defense Organization: Penalty. No Person shall willfully obstruct,
hinder or delay any member of the civil defense organization is the enforcement of
any order, rule, regulation or plan issued pursuant to this section or violate any order,
rule, regulation or plan issued pursuant to the authority contained in this section. Any
person who shall violate any provision of this section shall upon conviction thereof be
subject to a penalty as provided in s. 13.04 of this code.
3.11 FIRE DEPARTMENT ORGANIZATION
(Sections 3.11, 3.12, 3.13, 3.14, 3.15, & 3.16 amended 7/25/2018)
(1) The Ferryville Fire & EMR Department is officially recognized as the Fire and EMR
Department serving the Village of Ferryville and the duties of firefighting, fire
and emergency medical services are delegated to the department pursuant to ss.
(2) The Village Board shall provide a building to house the department, provide
vehicle, and workers compensation insurance coverage for the department. The
shall appropriate funds for the department as the Board may deem expedient and
necessary for operations of the department.
(3) The Department shall adopt bylaws for its control, management and
government, and for
regulating the business and proceedings of the department. Adoption of bylaws
two thirds (2/3) vote of all active members in good standing and shall not become
effective until approved by the Village Board. Amendments to the bylaws shall be
adopted in the same manner.
(4) The Ferryville Fire and EMR Department shall consist of the following officers:
Chief, one (1) Assistant Chief, one (1) Captain, one (1) EMR Director, and one (1)
Secretary/Treasurer. The Chief and EMR Director will be selected and appointed by
Village Board. The other officers will be selected by as determined by the bylaws.
Secretary/Treasurer position may be held by an officer.
(5) Applications. Any person desiring to be a member of the department may file an
application with the department secretary on prescribed forms and designate
fitness for the position and agreement to register and complete prescribed training
required for membership. The bylaws shall prescribe the interview procedure and
selection/approval by the department members.
(6) Appointments. The Chief and/or Director shall present the names and application
any new members, approved by the department members to the Village Board, for
confirmation. The Chief and/or Director will determine or cause to be determined
any and all training required by law and the bylaws, is completed by applicants. All
resignations must be reported to the Village Board.
(7) Active membership. Active membership in the department will be afforded to all
members who remain in good standing and are physically able to perform the duties
(8) Compensation. Funds may be paid to members for responding to calls/drills as
in the bylaws.
3.12 FIRE CHIEF - EMR DIRECTOR
(1) Appointment and Qualifications. See s. 2.05 of this code.
(2) Duties and Powers. The Chief shall have general supervision of the Fire
Department personnel, apparatus, and equipment, subject to the ordinances of the
Village, the bylaws of the Department, and the regulations of the State of Wisconsin.
Director shall have general supervision of the EMR personnel and equipment
subject to the ordinances of the Village and the bylaws of the department, and
regulations of the state of Wisconsin. He/she may demote or expel any member of
respective departments for neglect or refusal to perform departmental duties,
to the right of any member demoted or expelled to appeal to the Village Board.
shall enforce or cause to be enforced all fire and EMR ordinances, laws, and
of the Village and the State.
(3) To Act as Fire Inspector. The Fire Chief as Fire Inspector of the Village of
Ferryville shall have the power to appoint one or more deputy Fire Inspectors and
shall perform all duties required of Fire Inspectors by the laws of the State and rules
of the Department of Safety and Professional Services, particularly SPS 314.01 Wis.
3.13 EQUIPMENT AND APPARATUS.
No apparatus shall be used for any purpose except for firefighting within the Village
limits, or in training therefore, except pursuant to an agreement approved by the
Village Board after the Chief has given his/her recommendations on such use. With
the approval of the Chief such apparatus may be used for emergency purposes other
than fire fighting within the Village. A written report of such uses shall be made
quarterly to the Village Board.
(a) The fire trucks maybe used weekly during the summer months for water used to
clean areas in the Village by Public Works. Also, from time to time the
pumper truck may be used to supply water for flushing lift stations, flushing
culverts, and cleaning streets.
(b) Fire trucks and the EMR vehicle may leave the Village when dispatched and
requested for "Mutual Aid" or written agreement with other jurisdictions.
3.14 POLICE POWER OF DEPARTMENT
(1) Authority at Fires. The Chief and his assistants or officers in command are hereby
vested with full and complete police authority at fires and may cause the arrest of
any person failing to give the right of way to the Fire Department responding to a fire
(2) Removal of Property. The Chief shall have the power to cause the removal of
any property whenever it shall became necessary for the preservation of such
property from fire or to prevent the spread of fire or protect adjoining property, and
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 name impede the work of the Department during the progress of a fire.
(3) Firefighters may Enter Adjacent Property. It shall be lawful for any fireman
acting under the direction of the Fire Chief or any officer in command to enter upon
the premises adjacent to or in the vicinity of any building or other property then on
fire for the purpose of extinguishing such fire and no person shall hinder, resist or
obstruct any fireman in the discharge of his/her duty as hereinbefore provided.
(4) Duty of Bystanders to Assist. Every person who shall be present at a fire shall be
subject to the orders of the Fire Chief or officer in command and may be required to
render assistance in fighting the fire or in removing or guarding property. Such officer
shall have the power to cause the arrest of any person refusing to obey said orders.
3.15 FALSE FIRE ALARM PROHIBITED
Sec. 9.08 of this code.
3.16 FIRE INSPECTION (Amended effective 12/18/2015)
(1) The Chief of the Fire Department shall hold the office of Fire Inspector and shall
power to appoint one or more Deputy Inspectors who shall have the same authority
perform the duties of inspection.
(2) It shall be the duty of the Fire Chief, as a deputy of the Department of Safety
Professional Services (SPS 314.01) to inspect, or cause to be inspected, all buildings
premises, except the interiors of private one or two family dwellings, as often as
necessary, but no less than once every calendar year (SPS 314.01 (13) (7) for the
of ascertaining and causing to be corrected any conditions likely to cause a fire, or
violations of any law or ordinance relating to fire hazards or to the prevention of
(3) It is the intent of this ordinance to establish the minimum number of fire
the Village at one per calendar year, with the option for additional inspections as
to gain compliance with outstanding orders or if the Fire Chief determines by
and buildings that additional inspections are required based on type, hazard or
(4) Any fire inspection documentation that identifies specific deficiencies in writing, to
owner or occupant of any building, space or premise, shall be understood to be an
correct such deficiencies. All corrections to fire inspection orders shall be made prior
next scheduled inspection or within the timeline established in writing on the
report. Items deemed to pose heightened risk to the life safety of the owner or
shall be given a specific timeline for correction. If the inspection reveals a fire
owner or occupant shall be given in writing, a notice to remove or correct the hazard
given a reasonable time to correct or remove the hazard. If the owner, or occupant
available, a copy of the deficiencies or hazard conditions shall be mailed to the owner
occupant addressed to the last known address.
(5) If the Fire Chief determines that an extension is not warranted, or the violation is
corrected within the time frame granted, the owner of the property shall be subject
citation or action commenced by the Village Attorney. Each violation found and not
corrected within the time frame allowed is a separate offense.
(6) No person shall deny the Fire Chief or a Deputy Inspector free access to any
the Village at any reasonable time for the purpose of making inspections. The Chief
keep a permanent record of each property inspected which shall conform to the
requirements of SPS 314.01.
(7) All other provisions of administrative code SPS 314.01 are adopted.
The penalty for violation of any provision of this chapter shall be a penalty as
provided in s. 13.04 of this code.
3.18 MUNICIPAL COURT
(a) Municipal Court Created. Pursuant to the authority granted by Chapter 755 of
the Wis. Stats., there is hereby created and established a Municipal Court to be
designated "Municipal Court for the Village of Ferryville, Crawford County,
Wisconsin", said court to become operative and function on January 1, 2004.
(b) Jurisdiction. The Municipal Court shall have jurisdiction over incidents occurring
as provided in Article VII, 14 of the Wisconsin Constitution. 755.045, and 755.05, Wis.
Stats., and as otherwise provided by State Law. In addition, it shall have exclusive
jurisdiction over actions in which the municipality seeks to impose forfeitures for
violations of municipal ordinances, resolutions, and by laws.
The Municipal Judge may issue civil warrants to enforce matters under the
jurisdiction of the Municipal Court under 755.045 (2), 66.122 and 66.123, Wis. Stats.
The Municipal Court has jurisdiction over juvenile offenders when it enacts an
ordinance under the authority of 938.17 (2) (cm) Wis. Stats.
(c) Municipal Judge.
(1) Qualifications. There is hereby created the office of Municipal Judge of the
Municipal Court of the Village of Ferryville, Crawford County, Wisconsin. The Municipal
Judge shall be an adult resident of the Village of Ferryville, Crawford County,
(2) Oath and Bond. The Judge shall, after election or appointment to fill a vacancy,
take and file the official oath as prescribed in 757.02(1), Wis. Stats., and file such
oath with the Clerk of Circuit Court for Crawford County, Wisconsin. At the same
time, the Judge shall execute and file an indemnity bond with the Clerk of the Village
of Ferryville, Crawford County, Wisconsin, and the Clerk of Circuit Court for Crawford
County, Wisconsin, in an amount of $100,000.00. The Judge shall not act until the
oath and bond have been filed as required by 19.01(4) (c), Wis. Stats., and the
requirements of 755.03, Wis. Stats., have been complied with.
(3) Salary. The Municipal Judge shall receive a salary as determined by the Village
Board of the Village of Ferryville, Crawford County, Wisconsin, which shall be in lieu of
fees and costs. No salary shall be paid to the Judge for any time during his/her term
for which he/she has not executed and filed the official bond and oath. The salary
may be increased by the Village Board of the Village of Ferryville, Crawford County,
Wisconsin, before the start of the second or subsequent year of service of the term
of the Judge, but shall not be decreased during a term.
(4) Election Term. The Municipal Judge shall be elected at large for a term of four
(4) years at the spring election held commencing in 2006, and each four (4) years
thereafter and shall take office on May 1 following the election.
Midterm vacancies in the office shall be filled by special election to be held not less
that fifty-five (55) days or more than seventy (70) days after the order of the Village
Board of the Village of Ferryville, Crawford County, Wisconsin.
Any Vacancy occurring to the office of the Municipal Judge shall be filled pursuant to
(d) Municipal Court.
(1) Hours. The Municipal Court for the Village of Ferryville, Crawford County,
Wisconsin, shall be open as determined by order of the Municipal Judge.
(2) Employees. The Municipal Judge shall in writing appoint such clerks and deputy
clerks as are authorized by Village Board of the Village of Ferryville, Crawford
County, Wisconsin. Their salaries shall be fixed by the said Village Board.
(3) Location. The Municipal Judge shall keep his/her office and hold court in an
adequate facility provided by the municipal governing body. However, the Municipal
Judge may issue process and perform ministerial functions at any place in the county.
(e) Collection of Forfeitures and Costs. The Municipal Court shall collect all
forfeitures, penalty assessments, fees and taxable cost in any action or proceeding
and shall pay over such monies to the Village Treasurer of the Village of Ferryville,
Crawford County, Wisconsin, within seven (7) days of collection. At such time, the
Municipal Court shall report to the Treasurer the title, nature of offenses, and total
amount of judgments imposed in actions and proceedings in which such monies were
(f) Contempt of Court. The Municipal Judge, after affording an opportunity to the
person accused to be heard in defense, may punish for contempt as provided in
800.12, Wis. Stats. , and may impose a forfeiture therefore not to exceed Fifty
($50.00) Dollars or upon nonpayment of the forfeiture, penalty assessment under
165.87 , Wis. Stats., and jail assessment under 302.46, Wis. Stats., a jail sentence not
to exceed seven (7) days.
(g) Stipulations and Deposits.
(1) Deposits for Ordinance Violations. The Municipal Judge shall establish and submit
to the Village Board of the Village of Ferryville, Crawford County, Wisconsin, for
approval in accordance with 800.03(3), Wis. Stats., schedule for deposits for
violations of Village ordinances, resolutions and bylaws.
(2) Deposits for Traffic and Boating Violations. The deposit schedule established by
the Wisconsin Judicial Conference and the procedures set forth in Chapter 23 and
345, Wis. Stats., shall apply to stipulations and deposits for violations of traffic
regulations enacted in accordance with 345.27, Wis. Stats., and boating regulations
enacted in accordance with 30.77, Wis. Stats.
(3) Stipulations and Deposits in Lieu of Court Appearances. Persons cited for
violations of Village of Ferryville, Crawford County, ordinances, resolution, or bylaws
or violations of traffic or boating regulations for which a deposit has been
established, shall be permitted to make a stipulation of no contest and a deposit in
lieu of court appearance as provided in 800.03, 800.04 and 800.09, Wis. Stats.