[HISTORY: Adopted by the Village Board of
the Village of Superior 5-14-2009 by Ord. No. 46. Amendments noted where
applicable.]
This chapter 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 Village of Superior
due to the air pollution and fire hazards of open burning, outdoor
burning and refuse burning.
A.
This chapter applies to all outdoor burning and refuse
burning within the Village of Superior.
B.
This chapter does not apply to:
(1)
Grilling or cooking using charcoal, wood, propane
or natural gas in cooking or grilling appliances.
(2)
Burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in § 156-3 of this chapter.
(3)
The use of propane, acetylene, natural gas, gasoline
or kerosene in a device intended for heating, construction or maintenance
activities.
As used in this chapter, the following terms
shall have the meanings indicated:
A small outdoor fire intended for recreation or cooking,
not including a fire intended for disposal of waste wood or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material, has not been pressure-treated with preservatives
and does not contain resins or glues as in plywood or other composite
wood products.
Printed material containing personal identification or financial
information that the owner wishes to destroy.
The Fire Chief of the City of Superior or other person authorized
by the Fire Chief.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney.
Open burning or burning in an outdoor wood-fired furnace.
A wood-fired furnace, stove or boiler that is not located
within a building intended for habitation by humans or domestic animals.
Any waste material except clean wood.
Open burning, outdoor burning and refuse burning
are prohibited in the Village of Superior unless the burning is specifically
permitted by this chapter.
Unless a specific written approval has been
obtained from the Department of Natural Resources, the following materials
may not be burned in an open fire, incinerator, burn barrel, furnace,
stove or any other indoor or outdoor incineration or heating device:
A.
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.
B.
Waste oil or other oily wastes except used oil burned
in a heating device for energy recovery, subject to the restrictions
in Ch. NR 590, Wis. Adm. Code.
C.
Asphalt and products containing asphalt.
D.
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.
E.
Any plastic material, including but not limited to
nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics,
plastic films and plastic containers.
F.
Rubber, including tires and synthetic rubber-like
products.
No person shall use or maintain a burn barrel
in the Village of Superior.
A.
Notwithstanding § 156-5G of this chapter, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this chapter.
B.
Small quantities of confidential papers from a residence
may be burned if necessary to prevent the theft of financial records,
identification or other confidential information.
A person utilizing or maintaining an outdoor
fire shall be responsible for all fire-suppression costs and any other
liability resulting from damage caused by the fire.
The Fire Chief or any authorized officer, agent,
employee or representative of the Village of Superior who presents
credentials may inspect any property for the purpose of ascertaining
compliance with the provisions of this chapter. Note: If the owner
or occupant of the premises denies access to the property for this
purpose, a special inspection warrant may be obtained in accordance
with §§ 66.122 and 66.123, Wis. Stats.
A.
The Fire Chief and Village of Superior officials are
authorized to enforce the provisions of this chapter.