[Adopted 8-22-1996 by Ord. No. 88]
Burning in the following situations is hereby regulated or prohibited:
A. 
Open burning.
B. 
Burn barrel fires.
C. 
Burning of construction waste.
D. 
Burning of salvage.
E. 
Burning of marsh hay, large areas of grass, large brush piles and large campfires over three feet in diameter.
F. 
Burning of garbage, refuse, hazardous substances, industrial waste, waste tires, and medical waste.
The following general regulations apply to all burning as hereafter classified:
A. 
All fires shall be attended at all times by one person at least 16 years of age.
B. 
A hose attached to a pressurized water source, fire extinguisher, or shovel shall be at hand to control spread of the fire.
C. 
Only dry materials may be burned in order to prevent excessive smoke.
D. 
Burning is prohibited when wind velocity exceeds 10 miles per hour.
E. 
Fires may be no less than 10 feet from any structure or property line.
[Amended 10-15-1997 by Ord. No. 94]
F. 
No fire should be started later in the day than 1/2 hour before sunset.
G. 
Except for starter fluid which can be used with small campfires and grills, burning of flammable or combustible liquids is prohibited.
H. 
Burning of all types in any ditches or drainageways, whether on public or private lands, is prohibited.
I. 
To the extent not inconsistent with specific provisions of this article, the definitions set forth in Chapter 328, Article II, Solid Waste Disposal and Recycling, of the Town Code shall control.
J. 
All persons should be considerate of neighbors at all times. In particular, consideration should be given to the direction of travel of smoke.
The following regulations apply to the following specific classifications of burning:
A. 
Open burning.[1]
(1) 
Fires shall not exceed three feet in diameter.
(2) 
Only charcoal, clean untreated wood, regardless of diameter, dry leaves and brush, and nontreated paper products shall be burned. (See Subsection C prohibitions.)
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Burn barrels.
(1) 
Only dry paper, leaves, or untreated wood shall be burned in burn barrels.
(2) 
The top of the barrel must be covered by a wire screen.
C. 
Construction site burning. Burning of any construction material at construction sites is strictly prohibited.
D. 
Salvage burning. Salvage burning is strictly prohibited in the Town of Algoma.
E. 
Garbage, etc.
(1) 
Burning of garbage, refuse, hazardous substances, industrial waste, waste tires, and medical waste is prohibited in the Town of Algoma.
(2) 
Combustibles, including construction materials, shall not be brought into the Town for the purpose of burning, unless as fuel for fires specifically permitted by this article.
F. 
Burning in open areas and large fires.
(1) 
Burning of marshes, grasslands, and large brush piles over three feet in diameter must be reported to the Fire Chief. If the reporting party is unable to reach the Fire Chief, he or she should call the Winnebago County Communications Center.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The Chief shall direct calls to the administrative phone number of the Winnebago County Sheriff's Department where the caller shall provide the following information:
(a) 
The address, phone number, name of responsible person and telephone number at the burn.
(b) 
Secured person at the burn.
(3) 
A return phone call to the Winnebago County Sheriff's Department is required at its completion.
Controlled burns by the Town Fire Department for demolition or fire training are exempt from the provisions of this article.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, forfeit the amounts set forth below, together with costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail of Winnebago County, Wisconsin, until said forfeiture and costs are paid, but not exceeding six months. Each day of violation shall constitute a separate offense.
A. 
Violators of § 184-3A, B, C and F shall forfeit not less than $30 nor more than $60.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Violators of § 184-3D and E shall forfeit not less than $100 nor more than $200.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Violators of § 184-2 shall forfeit not less than $30 nor more than $50 for the first violation, and not less than $75 nor more than $100 for a second violation.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Before issuing a citation or ticket for a violation of this article, the enforcing officer shall issue a written warning to the violator. A copy of such warning shall be filed with the Town Clerk. Any subsequent violation by the same person shall result in a ticket or citation.[4]
[4]
Editor's Note: Original Section VI (of Ordinance No. 88), Enforcement, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).