[HISTORY: Adopted by the Town Board of the
Town of St. Joseph 2-6-1997. Amendments noted where applicable.]
[Amended 4-7-2011 by Ord.
No. 2011-3]
A.
Closed fire season declared: In accordance with the provisions of
§ 26.13 of the Wisconsin Statutes, The Town of St. Joseph does
declare a closed fire season and every person is forbidden to set
fire at any time on any land in this Town without permission.
B.
Permit required:
Every person, pursuant to § 60.555, Wis. Stats., and other
provisions as they may apply and this chapter, in the Town of St.
Joseph shall seek and obtain a fire safety permit from the Town of
St. Joseph, unless exempt by this chapter, for any outdoor fire to
be ignited in the Town of St. Joseph. All requirements of this chapter
are for protecting and promoting the health, safety and welfare of
the residents of the Town.
A.
The application and permit shall designate a single
area subject to the burning permit, and the permit shall be issued
only for the designated single property. Any permit issued under this
chapter is neither transferable nor assignable, either as to person
or as to location. No person shall be issued a burning permit in the
Town of St. Joseph who has failed to properly and fully complete and
submit to the Fire Chief or persons designated by the Fire Chief of
the Town of St. Joseph the application form as developed and provided
by the Town of St. Joseph.
B.
The application shall include but not be limited to:
The following are exempt from this permit requirement:
A.
Persons who burn materials in a stove, furnace or
incinerator inside a building.
B.
Persons who burn charcoal or other combustible materials
for domestic cooking outdoors at their residence or who burn charcoal
or other combustible materials for domestic cooking outdoors in public
parks. This exemption does not apply upon a declared public fire emergency
by the State Department of Natural Resources.
C.
Persons who burn in a burning barrel. This exemption
does not apply upon a declared public fire emergency by the State
Department of Natural Resources.
D.
In an emergency, fires used to warm the person or
to cook food.
E.
Fires set by the Fire Department for training purposes.
[Amended 8-4-2005 by Ord. No. 2005-5]
A.
A permit shall be issued for the permitted use. The permit shall be issued by the Fire Chief or persons designated by the Fire Chief for the Town of St. Joseph prior to any person igniting a fire in the Town of St. Joseph. In addition to receiving the permit, the permit holder must follow the procedures as outlined in § 84-5 each time he/she wishes to ignite a fire.
B.
There are no daily permits issued. Each resident wishing
to burn within the Town must obtain a permit.
A.
On the day the permit holder wishes to burn, the permit
holder must call the St. Croix County Communication Center at 386-4701.
The permit holder will be asked his name, the location of the burn
and phone number. The permit holder may then burn.
C.
The permit holder must use this procedure each day
the permit holder wishes to burn. The permit holder must not leave
fires burning unattended.
D.
If there is a burning ban set by the Fire Chief at
the time the permit holder calls, the St. Croix County Communication
Center will advise that burning will not be allowed until the ban
is lifted.
The Town Board or Fire Chief(s) of the Town
of St. Joseph may revoke a burning permit, and no person shall be
issued or reissued a burning permit in the Town of St. Joseph if the
applicant or permittee:
A.
Fails to establish adequate fire protection and fire
prevention activities at the requested or permitted burning location
when established by the Town of St. Joseph as a condition to the permit.
B.
Fails to install or maintain adequate firesafety equipment
during the requested or permitted use when established by the Town
of St. Joseph as a condition to the permit.
C.
Fails to prevent burning activities that are not authorized
by the permit of the Town of St. Joseph at the requested or permitted
burning location.
D.
Fails to prevent at or near the requested or permitted
burning location any burning activities larger than three feet in
diameter within 15 feet of any fence or property line.
E.
Fails to allow physical access to the requested or
permitted burning area location by the Fire Chief or designee for
inspection purposes upon prior notice.
A.
The Town of St. Joseph prohibits any person from the
igniting of any fires outdoors in the Town of St. Joseph upon days
declared emergency fire days by the Fire Department or the State Department
of Natural Resources.
B.
The Town of St. Joseph prohibits any person from igniting
of any fires indoors in the Town of St. Joseph except in a stove,
furnace or incinerator.
C.
A permittee shall report to emergency services any
fire in the Town of St. Joseph where the fire is out of control.
D.
The permit holder is responsible for the fire at all
times.
E.
The permit holder may ignite and maintain only one
fire at a time.
A.
Any person violating any of the provisions of this chapter or knowingly aiding or abetting another in the violation thereof shall, upon conviction, pay a forfeiture as set by the Town Board of not less than $25 nor more than $500 per incident and the costs and attorney fees in prosecution, with each day in violation of this chapter constituting a separate offense subject to the provisions of Subsection D of this section.
B.
If a member of the Fire Department finds a resident burning without a permit, the resident will be required to extinguish the fire until a permit has been obtained following the procedures as outlined in § 84-2.
C.
If the Fire Department is called to any fire, the
resident may be charged for the cost of the fire call as determined
by the Fire Chief(s).
[Amended 8-4-2005 by Ord. No. 2005-5]
D.
The amount of forfeiture and costs shall be as set forth in Chapter 6, Citations, and shall be subject to annual review.
E.
Fees. There shall be no fee for the permit.
[Amended 8-4-2005 by Ord. No. 2005-5]