Ordinance #10, Herbster Fire Department

Town of Clover

Ordinance #10


Governing the organization and regulation of the Herbster Volunteer Fire Department of the Town of Clover. The Town Board of the Town of Clover, State of Wisconsin, Bayfield County do ordain as follows:



(A) The members of the Herbster Volunteer Fire Company are hereby officially recognized as the Fire department of the Town of Clover and the duty of firefighting and the prevention of fires in the Town of Clover is delegated to such department.

It’s organization and internal regulation shall be governed by the provisions of this ordinance and by such laws adopted by the department as are approved by the Town Board, except as is otherwise provided by law and ordinance.


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


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


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


SECTION 2: Organization and membership.

(A)  The Fire department shall consist of the following officers:

(I)  One Chief

(II)   A first assistant Chief

(III)  A second assistant Chief

(IV)  A captain and Lieutenant for each company

(V)   A secretary-treasurer

(VI)  A master mechanic

All of whom shall be elected by the membership of the department at the annual meeting and as many drivers and firefighters who live and normally work within the Town of Clover as may be nominated or appointed by the Fire Chief and approved by the fire department and Town Board.


(B)  (1)   A vacancy in the office of the Fire Chief shall be filled by a majority vote of the volunteer fire  department and Town Board. Upon creation of a vacancy of the office of Fire Chief, the ranking officer shall perform the duties of the Fire Chief until such vacancy has been filled.

(2)  The chief shall immediately assume office and shall hold office until his successor is elected and qualified. The chief may be removed for cause after a hearing by action of 2/3 of the members of the Town Board and 2/3 vote of the fire department, unless his services be sooner terminated by resignation, change of residence to outside the Town of Clover limits or death.


(C) (1)   Any person desiring to be a member of the fire department may file with the secretary an application in such form as the Town Board may require. The name of any applicant approved by the chief as provided in the by-laws shall be presented to the Town Board for confirmation.

(2)  Active membership in the department for members other than the chief shall cease at the age of 55 unless the Town Board shall by a majority vote to approve the person continuing as an active member.

(3)  All resignations from the department shall take the same course as applications for and appointment to membership.

(4)  Any member of officer of the department who has been expelled or demoted for any offense or neglect of duty or insubordination shall have the right to appear before the members of the Town Board and state why such penalty should not be confirmed. The Town Board may by a 2/3 vote of the members of the Town Board may order the Chief to reinstate the member or officer. The secretary-treasurer shall report the name of each person expelled or demoted to the Town Board.


(D)   (1)  The department shall organize into one or, at the option of the Chief, into two (2) or more  companies. The Chief may at any time make transfers which he deems necessary between companies.

(2)  Each of the companies of the department shall be in charge of a captain, or in his absence, a lieutenant who shall be responsible to the Chief.


(E) The election of all officers and such social officers as the by-laws may require shall be held at the annual meeting.



(A)  (1) The Chief shall have general supervision of the department, subject to this ordinance and the by-laws of the department shall be responsible for the personnel and general   efficiencies of the department.

(2)  It shall be the duty of the Chief to preside at all meetings of the department, to call special meetings, to preserve order, to decide all points of order that may arise and to enforce a rigid observance of this ordinance and the by-laws.

(3)  It shall be the duty of the Chief to be present at all fires, to have complete command of and entire responsibility for all firefighting operations, to plan the control of the same, to direct the action of the companies when they arrive at a fire. To observe that every company does its duty, to grant leaves of absence at a fire when he may deem it proper and to see that the fire apparatus is kept in proper condition at all times.

(4) The Chief shall have the power to demote or expel any officer or member of the department for neglect or refusal to perform his/her departmental duties, such demotion or expulsion to be subject to an appeal to the Town Board.

(5)  Not later than November 1 of each year, the Chief shall file with the Town Clerk a detailed estimate of the appropriations needed for the conduct of the department during the ensuing fiscal year.

(6)  It shall be the duty of the Chief to submit a written report to the Town Board not later than February 1st of each year and at such other times as he deems desirable, relating to the conditions of the various pieces of apparatus and appurtenances, the number of fires occurring since the previous report, the date of same and loss occasioned thereby, the number of members of each company, the total number of active members in the department and resignations and expulsions from the department. He shall also report upon the drill and training program of the department, together with other pertinent information, including recommendations of such improvements as he deems proper and necessary for the operation of the department.

(7)  He shall enforce all fire prevention ordinances of this Town and State laws and regulations pertaining to fire prevention and shall keep citizens informed on fire prevention methods and on the activities of the department.

(8)  He shall keep a fire record book of every fire to which any company was called and shall enter in such book the locality of fire, time alarm was received, cause of fire, where fire started, cause of delay (if any) in responding, method of extinguishment and equipment used, amount of insurance carried on building and contents, estimated fire loss, time fire was extinguished, names of fire fighters responding and general remarks.

(9)  He shall keep inventory of all apparatus and equipment and an inventory of all hose showing dates and results of tests on each length, which shall be individually identified.

(10) He shall perform such duties as are incumbent on the commanding officer of the fire department.



(A)  (1) The Chief shall have control of all apparatus used by the department and shall be responsible for its proper maintenance. Emergency repairs may be authorized by the Chief.

(2)  No apparatus shall be used for any purpose except for firefighting within the Town limits, or in training therefore, except pursuant to an agreement approved by the Town Board after the Chief has given his recommendations on such use. With the approval of the Chief such apparatus may be used for emergency purposes other than firefighting within the Town. A written report of all such uses shall be made annually to the Town Board.

(3)  No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Town of Clover, and no vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, road, private driveway or other place, to be used at any fire or alarm of fire department, without the consent of the fire department official in command.



(A)  The Chief and assistants or officers in command at any fire are hereby vested with full and complete police authority at fires. Any officers of the department may cause the arrest of any person failing to give the right-of-way to the fire department in responding to a fire.

(B)  The Fire Chief may prescribe certain limits to the vicinity of any fire within which no persons, excepting fire fighters and Police officers and those admitted by order of any officer of the department, shall be permitted to come. The Chief shall have the power to cause the removal of any property whenever it shall become necessary for the preservation of such property from fire or to prevent the spreading of fire or to protect the adjoining property, and during the progress of any fire shall have the power to order the removal or destruction of any property necessary to prevent the further spread of the fire. He shall also have the power to cause the removal of wires or other facilities and the turning off of electricity or other services where the same impedes the work of the department during the progress of a fire.

(C)  Fire fighters may enter adjacent property. It shall be lawful for any fire fighter while acting under the direction of the Fire Chief or other officer in command to enter upon the premises adjacent to or in the vicinity of any building or other property then on fire for the purpose of extinguishing such fire and in case any persons shall hinder, resist or obstruct any fire fighter in the discharge of his/her duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting fire fighters in the discharge of their duty.

(D)  Duties of bystanders to assist. Every person who shall be present at a fire shall be subject to the orders of the Fire Chief or officer in command and may be required to render assistance in fighting the fire or in removing or guarding property. Such officer shall have the power to cause the arrest of any person or persons refusing to obey said orders.



(A)  The Chief shall hold the office of fire inspector, with power to appoint one or more deputy fire inspectors, who shall perform the same duties and have the same powers as the fire inspector.

(B)  It shall be the duty of fire inspectors to inspect semi-annually, all businesses open to the public, public gathering places and all other commercial buildings within fire limits of this Town; for the purpose of noting and causing to be corrected any condition liable to cause fire. The inspector shall also investigate the storage and handling of explosives and flammable liquids within the Town.

(C)  Whenever or wherever in the Town of Clover any inspection by the Fire Chief or his deputies reveals a fire hazard, the Chief or his deputies shall serve a notice in writing upon the owner of the property giving said owner reasonable time in which to remove the hazard. In the event that the fire nuisance is not removed, the fire chief or his deputies are authorized to have the same removed by the Town and the cost of such removal shall be recovered in an action by the Town against the owner of the property.

(D)  The Chief shall keep a written record card of each property inspected which shall conform to the requirements of the industrial commission and shall make the semi-annual report of the inspections required by the industrial commission.

(E)  No person shall deny the Chief or his deputies free access to any property within the Town at any reasonable time for the purpose of making fire inspections. No person shall hinder or obstruct the fire inspector in the performance of their duty or refuse to observe any lawful direction given by him.



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



(A) All ordinances and parts of ordinances inconsistent hereinwith are hereby repealed.



(A)  This ordinance shall take effect and be in force from and after its passage and posting.


I, Lois Driessen, Clerk for the Town of Clover, do hereby certify that on the 14th day of January, 1993, I did post in the following locations the above listed Ordinance, as required by Law.

  1. Town Garage
  2. Post Office
  3. Northland Gas
  4. Cranberry Inn
  5. Crossroads


Dated this 14th day of January, 1993.

Lois Driessen, Clerk