[Adopted 12-7-2005 as
Title 5, Ch. 2, Sec. 5-2-9, of the 2005 Village Code]
Except as provided in § 206-3 below, no person shall engage in the open burning of any garbage, solid waste, grasses, or other refuse of any kind on any public property or private property located within the Village of Argyle. This prohibition on burning includes burning of construction waste and debris at construction sites.
The following definitions shall be applicable in this article:
Leaves, yard and garden debris, excluding grass clippings,
and brush, including clean woody vegetative material less than three
inches in diameter.
An open pit with a minimum size of nine square feet.
Discarded materials resulting from the handling, processing,
preparation, storage, cooking and consumption of food, and discarded
animal feces.
Burning from which the products of combustion are emitted
directly into the air without passing through a stack or chimney.
All matters produced from industrial or community life, subject
to decomposition.
Garbage, refuse, recyclable materials, grasses and all other
discarded or salvageable solid materials, including solid waste materials
resulting from industrial, commercial and agricultural operations,
and from domestic use and public service activities.
A.
Outdoor cooking over a fire contained in a device or structure designed
for such use is permissible. This includes the open burning of fuel
for cooking food, such as a barbecue or other similar outdoor activity,
if confined to a proper cooking device such as a grill or in an open
pit.
B.
Recreational burning pits not exceeding four feet in diameter and
not located less than 25 feet from any structure (the burning of clean
wood only is permitted and the use of burning pits to burn refuse
is prohibited); recreational burning pits shall be extinguished by
11:00 p.m.
C.
Yard waste (herein defined as "burnable yard waste") may be burned
on private property only and must be supervised by an adult who must
remain within 50 feet of such burning activity. The Village Board
shall designate dates/times when open burning of burnable yard waste
is permitted.
D.
Controlled burning of grass or similar vegetation for environmental
management purposes, with the prior written approval of the Fire Chief
or his/her designee, may be permitted; this exception is not to be
used for the burning of grass, leaves or other lawn debris.
E.
Ceremonial campfire or bonfires, with prior written approval of the
Fire Chief or his/her designee, may be permitted.
G.
Open burning when a permit is issued.
A.
Procedure for issuance of burning permit. The Fire Chief shall have the authority to issue special burning permits allowing open burning in circumstances not listed in § 206-3 of this article as deemed appropriate. The permit issuer may also establish from time to time special rules or restrictions relating to open burning by permit. Such rules may govern conditions, including, but not necessarily limited to, the following:
(1)
Day(s) and hours when burning is allowed;
(2)
Material which may or may not be burned;
(3)
Whether open burning is allowed or whether burning is only allowed
within an approved incinerator or burning device;
(4)
The length of time the permit is valid;
(5)
What constitutes an approved burning device or incinerator;
(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; and
(9)
The manner in which ashes created by the burning under the permit
are to be disposed of.
B.
Issuance of permit. If the permit issuer finds that the proposed
burning complies with all Village ordinances and the regulations contained
in Ch. SPS 314, Wis. Adm. Code, he/she shall approve the application,
and a burning permit shall subsequently be issued to the applicant.
A copy of any burning permit and the application therefor shall be
kept on file with the Fire Chief. No burning permit issued shall be
valid for more than 30 days from the date when issued.
The following regulations shall be applicable for open burning:
A.
All open burning shall be performed in a safe, pollution-free manner,
when wind and weather conditions are such as to minimize adverse affects,
and in conformance with local and state fire protection regulations.
Open burning shall not be used to covertly burn plastic, construction
debris or other prohibited materials.
B.
Startup shall be accomplished by using kindling materials rather
than waste oil, tires or other rubber materials.
C.
The size of the pile of material to be burned shall not exceed four
feet in any direction measured horizontally or three feet measured
vertically.
D.
The pile of material being burned shall be at least 50 feet away
from any structure, wood or lumber pile, wooden fence, trees or bushes.
Provisions shall be made to prevent the fire from spreading to within
50 feet of such items or the fire shall otherwise be contained in
an approved incinerator or burner device which is located at least
15 feet from any structure, wood or lumber pile, wooden fence, trees,
or bush(es).
E.
Any ashes created by burning such material as is lawful under this
article are to be disposed of in a manner authorized by law.
F.
Open burning shall be constantly attended and supervised by a competent
person of at least 16 years of age until such fire is extinguished.
This person shall have readily available for use such fire-extinguishing
equipment as may be necessary for the total control of the fire while
burning and/or extinguishing such fire.
G.
No materials may be burned upon any street, curb, gutter, sidewalk,
or drainage ditch.
The Fire Chief of the Argyle-Adams Fire Department shall have
the authority to ban all open burning, except open burning used in
food preparation, when weather conditions are such that open burning
would threaten life and/or property.
A.
The first time a person(s) is/are informed by the Fire or Police
Department that he/she is in violation of any provision of this article,
he/she will be directed to extinguish the fire. The officer issuing
the directive shall record same in the daily police log. Failure to
comply with the directive shall result in a penalty imposed as herein
provided.
B.
Any person, firm or corporation violating the provisions of this article shall be subject to a forfeiture as prescribed in § 1-2 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. The imposition of a penalty under this article shall not prohibit the Village from maintaining a separate action against the violator to secure monetary damage for any damage caused by the burning.
