[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.
This chapter applies to all outdoor burning and refuse burning within the Village of Superior.
This chapter does not apply to:
Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
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.
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.
- CLEAN WOOD
- 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.
- CONFIDENTIAL PAPERS
- Printed material containing personal identification or financial information that the owner wishes to destroy.
- FIRE CHIEF
- The Fire Chief of the City of Superior or other person authorized by the Fire Chief.
- OPEN BURNING
- 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.
- OUTDOOR BURNING
- Open burning or burning in an outdoor wood-fired furnace.
- 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:
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.
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.
Asphalt and products containing asphalt.
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.
Any plastic material, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
Rubber, including tires and synthetic rubber-like products.
No person shall use or maintain a burn barrel in the Village of Superior.
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.
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.
The Fire Chief and Village of Superior officials are authorized to enforce the provisions of this chapter.