No person, except a sheriff, constable, police officer or their
deputies, shall fire or discharge any firearm, rifle, spring or air
gun of any description within the Village of Blue Mounds, or have
any firearm, rifle, spring or air gun in his possession or under his
control unless it is unloaded and knocked down or enclosed within
a carrying case or other suitable container, provided that this section
shall not prevent the maintenance and use of duly supervised rifle
or pistol ranges or shooting galleries authorized by the Village Board,
or the firing or discharging of BB guns upon private premises by persons
over 16 or under the direct personal supervision of a parent or guardian.
This section shall be deemed to prohibit hunting within the Village,
provided that the Chief of Police may issue written permits to owners
or occupants of private premises to hunt or shoot on such premises
if he finds such privileges necessary for the protection of life or
property and subject to such safeguards as he may impose for the safety
of the lives and property of other persons within the Village.
No person shall throw or shoot any object, arrow, stone, or
other similar missile or projectile, by hand, bow, slingshot or by
any other means, in, into, through or upon any building, street, sidewalk,
alley, highway, park, playground or other public place within the
Village of Blue Mounds.
No person, firm or corporation shall build any outdoor fire
within the corporate limits of the Village of Blue Mounds excepting
as set forth below in this section. This prohibition on burning includes
burning of construction waste and debris at construction sites.
A.
Exceptions.
(1)
Outdoor cooking over a fire contained in a device or structure designed
for such use is permissible. This section does not prohibit the warming
of a person or the cooking of food, excepting that only wood, charcoal,
propane or cardboard may be used as an accelerant, and the warming
or cooking fire must be contained with a fire pit or within a rocked
or bricked enclosure or grill, or within a device intended for warming
or cooking.
(2)
Controlled burning of grass or similar vegetation for environmental
management purposes, with prior written approval of the Fire District
Chief, or his designee, may be permitted. This exception is not to
be used for the burning of grass, leaves or other lawn debris.
(3)
Small amounts of grass, leaves or other lawn debris may be burned, with a lawn debris burning permit issued by the Village Clerk/Treasurer as provided in Subsection B(3). Hours for this type of burning will be from dawn to dusk.
(4)
Ceremonial campfire or bonfires, with prior written approval of the
Fire District Chief, or his designee, may be permitted, but should
be restricted to the permitted burning hours. It will be the responsibility
of the permit holder to notify the adjacent landowners and/or current
residents of the times the event is to take place.
B.
Application for permit.
(1)
Procedure for issuance of general burning permits. Before the setting
or starting of any open burning permitted under this section, a permit
authorizing the burn shall be first obtained by the owner, operator,
or agent from the Fire District Chief or his designee. Application
for a burning permit shall be made in writing upon a form furnished
by the Fire District Chief, or his designee, a copy of which will
be sent to the Village Board prior to the event. The Fire District
Chief, or his designee, 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:
(a)
Hours when burning is allowed.
(b)
Day(s) when burning is allowed.
(c)
Material which may or may not be burned (as governed by Wis.
Admin. Codes Ch. ATCP 93 and SPS 340).
(d)
Whether open burning is allowed or whether burning is allowed
with an approved incinerator or burning device.
(e)
The length of time the permit is valid.
(f)
What constitutes an approved burning device or incinerator.
(g)
The size of the material pile burned by open burning.
(h)
The distance or distances to be maintained between the material
being burned and other flammable materials or substances.
(i)
The distance or distances to be maintained from any occupied
or unoccupied structure, wood or lumber pile or wooden fence (a minimum
of 25 feet is recommended).
(j)
Supervision required for burning, including minimum age of 16
years of age, and must have readily available on site the types of
extinguishing equipment necessary to properly control the site and
surrounding areas.
(k)
The manner in which ashes and debris created by the burn are
to be disposed of.
(2)
Issuance of general burning permits. If the Fire District Chief,
or his designee, finds the proposed burning complies with all Village
ordinances and the regulations contained in Wis. Admin. Code, Ch.
SPS 314, he shall approve the application, and a burning permit shall
be subsequently issued to the applicant. A copy of any burning permit,
and the application therefor shall be kept on file with the Fire District
Chief. An additional copy of the application and permit will be forwarded
to the Village Clerk/Treasurer, who will then send a copy to each
Village Board member. No burning permit shall be valid for more than
30 days from the date when issued. It is the responsibility of the
permit holder to notify the adjacent landowners and/or current occupants
of the surrounding properties.
(3)
Procedure and issuance of lawn debris burning permits. Before the
setting or starting of any burning of grass, leaves or other lawn
debris, a permit authorizing the burn shall be first obtained by the
owner, operator or agent from the Village Clerk/Treasurer. Hours for
such burning shall be restricted from dusk to dawn. The Fire Chief
and/or Village Clerk/Treasurer may from time to time establish special
rules or regulations relating to lawn debris burning permits.
(4)
Fees for permits. Fees for general burning permits and lawn debris
burning permits shall be set by resolution of the Village Board.
C.
Open burning regulations. The following regulations shall be applicable
to all burning permits issued under this chapter, unless otherwise
directed by the Fire District Chief or designees:
(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 affects, 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)
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, unless approved by the Fire District Chief, or his designee,
as stated above.
(3)
The pile of the material to be burned shall be at least 25 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
25 feet of such items or the fire shall otherwise be contained in
an approved incinerator or burning device which is located at least
15 feet from any structure, wood or lumber pile, wooden fence, trees,
or bushes.
(4)
Any ashes created by burning such material as is lawful under this
section are to be disposed of in a manner authorized by law.
(5)
Open burning shall be constantly attended and supervised by a competent
person at least 16 years of age, until such fire and/or ashes are
extinguished completely. 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.
(6)
No materials may be burned upon any street, curb, gutter, sidewalk
or within the Village right-of-way.
(7)
No permits will be issued for the use of burning barrels.
D.
Adoption of state codes. The following Wisconsin Statutes, as now
enacted and hereinafter amended by the Wisconsin Legislature, exclusive
of any penalty imposed thereby, are hereby adopted by reference and
made a part of this chapter as if set forth in full.[1]
|
ATCP 93
|
Flammable, Combustible and Hazardous Liquids
| |
|
SPS 340
|
Gas Systems
| |
|
SPS 361 to 366
|
Commercial Building Code
| |
|
NR 429.04
|
Open Burning
|
E.
Enforcement and penalties. The Blue Mounds Police Department shall enforce the provisions of this section. In addition to the general penalties provided in Article V of this chapter, fines and penalties shall include the following: expenses incurred by the Fire District and/or the Village as a result of the open burning or the failure to obtain the necessary permits; and, such other penalties as are permitted for similar offenses under State Statutes and the State Code, which are hereby incorporated by reference.
A.
Fireworks permits.[1] Fireworks, other than those prohibited by the laws of
the State of Wisconsin, may be used and displayed in open fields,
parks, rivers, lakes and ponds by public authorities, fair associations,
amusement parks, park boards, civic organizations and other groups
of individuals when a permit for such display has been granted by
the Village President. All applications shall be referred to the Fire
Chief for investigation and no permit shall be granted unless the
Village President from the report of the Chief determines that the
applicant will use the fireworks in a public exhibition, that all
reasonable precautions will be exercised with regard to the protection
of the lives and property of all persons and that the display will
be handled by a competent operator and conducted in a suitable, safe
place and manner. Before granting any fireworks permit, the Village
President shall require the applicant to post with the Village Clerk/Treasurer
an approved indemnity bond in the sum of $2,000 for the payment of
all claims that may arise by reason of injuries to persons or property
from the handling, use or discharge of fireworks under such permit.
No person shall stand, sit, loaf or loiter or engage in any
sport or exercise on any public street, sidewalk, bridge or public
ground within the Village in such manner as to prevent or obstruct
the free passage of pedestrian or vehicular traffic thereon or to
prevent or hinder free ingress or egress to or from any place of business
or amusement, church, public hall or meeting place.
