City of Weyauwega, WI
Waupaca County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as §§ 5-2-3, 5-2-5, 5-2-7 to 5-2-11 and 5-3-3 of the 2001 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 59.
Alarm systems — See Ch. 181.
Fireworks — See Ch. 266.
Hazardous materials — See Ch. 279.
Nuisances — See Ch. 357.
Property maintenance — See Ch. 378.
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Weyauwega Fire Department along the streets or alleys of such City at the time of a fire or when the Fire Department of the City is using such streets or alleys in response to a fire alarm or for practice.
A. 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the City, and no vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street, private driveway or other place to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.
B. 
Parking vehicles near hydrants. It shall be unlawful for any person to park any vehicle or leave any object within 10 feet of any fire hydrant at any time.
C. 
No parking near fire. It shall be unlawful for any person, in case of fire, to drive or park any vehicle within one block from the place of fire without the consent and authority of the Fire Chief or any police officer.
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.
Whenever there shall be a fire or fire alarm, every person driving or riding in a motorized or other vehicle shall move and remain to the side of the street until the fire engine and fire truck and other fire apparatus shall have passed.
No person shall occupy any portion of such streets or alleys with a motorized or other vehicle between such fire engine or fire truck or other fire apparatus and any hydrant to which a fire hose may be, or may be about to be, attached.
[Amended 3-17-2003 by Ord. No. 2003-01; 5-15-2006 by Ord. No. 2006-01]
A. 
Open burning prohibited. No person, firm or corporation shall build any outdoor fire within the corporate limits of the City of Weyauwega except as set forth below in this section. This prohibition on burning includes burning of construction waste and debris at construction sites. The use of burning barrels or other incinerator-type containers is prohibited.
B. 
Outdoor wood furnaces. No person shall use or maintain an outdoor wood furnace in the City of Weyauwega. "Outdoor wood furnace" means a wood-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.
C. 
Exceptions.
(1) 
Outdoor cooking over a fire contained in a device or structure designed for such use is permissible.
(2) 
Controlled burning of grass, leaves or other lawn debris is permitted within the following parameters:
(a) 
Controlled burning is permitted between 5:00 p.m. and 10:00 p.m.
(b) 
No burning is permitted within 25 feet of a structure or lot line.
(c) 
Extinguishment sources must be readily available and constant adult supervision of the burn must be provided.
(d) 
The fire must be completely extinguished by water at 10:00 p.m.
(e) 
Complaints of smoke by affected persons will result in the fire being extinguished.
(3) 
Recreational burning pits lined with incombustible material are permitted, provided that they are located at least 25 feet from any structure or lot line. Permitted hours are from 5:00 p.m. to 2:00 a.m. with complete extinguishment with water at 2:00 a.m.
(4) 
Bonfires or ceremonial campfires with prior written approval of the Fire Chief are permitted. Conditions attached to an open burning permit will be made by the Fire Chief.
(5) 
Practice fires conducted by the Fire Department are permitted.
D. 
Application for permit. Open burning permits can be issued by the Fire Chief or Mayor for special circumstances or occasions within the regulations of this section. The Fire Chief or Mayor in issuing such permit may attach conditions to such authorization. Conditions which may be attached include, but are not necessarily limited to, the following:
(1) 
Hours when burning is allowed.
(2) 
Day(s) when burning is allowed.
(3) 
Material which may or may not be burned.
(4) 
Whether open burning is allowed or whether burning is only allowed with an approved incinerator or burning device.
(5) 
The length of time the permit is valid.
(6) 
The size of the material pile burned by open burning.
(7) 
The distance or distances to be maintained between the material being burned and other flammable material.
(8) 
Supervision required for burning, including minimum age of supervisors and type of fire-extinguishing equipment which must be present at the burn site.
(9) 
The manner in which ashes created by the burning under the permit are to be disposed of.
E. 
Open burning regulations. The following regulations shall be applicable when an open burning permit has been issued:
(1) 
All open burning conducted pursuant to a permit shall be performed in a safe, pollution-free manner, when wind and weather conditions are such as to minimize adverse effects, and in conformance with local and state fire protection regulations. Open burning permits shall not be used to covertly burn plastic, construction debris or other prohibited materials.
(2) 
Any ashes created by burning such material as is lawful under this section are to be disposed of in a manner authorized by law.
(3) 
Open burning shall be constantly attended and supervised by a competent person of at least 16 years of age until such fire is extinguished.
(4) 
No materials may be burned upon a street, curb, gutter, or sidewalk.
F. 
Agricultural properties. Agriculturally zoned properties are exempt from the permit requirements of this section, provided that owner-produced refuse only is burned and the provisions of Subsection D are complied with.
G. 
Liability. A person engaging in open burning shall be responsible for any liability resulting from damage caused by his/her fire. The cost of extinguishing the fire and/or other damages may be recovered from the property owner. In the event that the fee is not paid, the charge shall become a lien against the property pursuant to § 66.0703(13), Wis. Stats.
A. 
Declarations of emergency. When there occurs a lack of precipitation, there may exist an extreme danger of fire within the City of Weyauwega. This extreme danger of fire affects the health, safety, and general welfare of the residents of the City of Weyauwega and constitutes a state of emergency. It is hereby found that the regulation of fires, burning materials, and fireworks is necessary and expedient for the health, safety, welfare and good order of the City during said emergency.
B. 
Regulation of fires, burning materials and fireworks. When a burning state of emergency is declared, it may be ordered that a person may not:
(1) 
Set, build, or maintain any open fire, except:
(a) 
Charcoal grills using charcoal briquets, gas grills, or camp stoves on private property; or
(b) 
Charcoal grills using charcoal briquets, gas grills, or camp stoves in City parks placed at least 20 feet away from any combustible vegetation.
(2) 
Throw, discard or drop matches, cigarettes, cigars, ashes, charcoal briquets or other burning materials while outdoors except into a noncombustible container that does not contain combustible materials.
(3) 
Light or ignite a flare, except upon a roadway in an emergency.
(4) 
Light, ignite, or use anything manufactured, processed, or packaged solely for the purpose of exploding, emitting sparks or combustion for amusement purposes, including fireworks, firecrackers, bottle rockets, caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains that emit sparks and smoke, except in displays authorized by the City where adequate fire prevention measures have been taken.
C. 
Period of emergency.
(1) 
The periods of emergency for which this section shall be in effect shall be during such periods that Waupaca County, Wisconsin, is under Wisconsin Department of Natural Resources emergency fire regulations banning outdoor smoking and campfires or when necessary as determined by the Mayor, upon the recommendation of the Fire Chief.
(2) 
Burning emergencies shall become effective upon the time and date of the Mayor declaring a state of emergency and shall remain in effect until the period of emergency ceases to exist or until the ratification, alteration, modification, or repeal of the burning state of emergency by the City Council.
The following orders, rules, and regulations of the Department of Commerce, all of which are set forth in the Wisconsin Administrative Code as from time to time amended and/or renumbered, are incorporated herein by reference and adopted as part of this chapter:
A. 
Chapter Comm 7, Explosives and Fireworks.
B. 
Chapter Comm 10, Flammable, Combustible and Hazardous Liquids.
C. 
Chapter Comm 14, Fire Prevention.
D. 
Chapter Comm 16, Electrical,
E. 
Chapter Comm 32, Public Employee Safety and Health.
F. 
Chapter Comm 40, Gas Systems.
G. 
Chapter Comm 43, Anhydrous Ammonia.
H. 
Chapters Comm 61 to 65, Commercial Building Code.
I. 
Chapters Comm 75 to 79, Buildings Constructed Prior to 1914.