[HISTORY: Adopted by the Village Board of the Village of
Hobart as § 3.0 of the 2000 Code. Amendments noted where
applicable.]
A.
The title of this chapter shall be "Fire Prevention, Regulation of
Open Burning, Cooking Fires and Recreational Fires."
B.
Adoption. The provisions of the applicable Wisconsin Administrative
Code and Wisconsin Statutes, as now existing and as the same may hereafter
be amended, are hereby adopted and made part of this chapter by reference.
In the event a conflict exists between the Wisconsin Administrative
Code or the Wisconsin Statutes and this chapter, the Wisconsin Administrative
Code and/or Wisconsin Statutes shall control.
Whereas, the Wisconsin Administrative Code and the Wisconsin
Statutes grant the Village the power to regulate the prevention of
fire and burning; and whereas the Village of Hobart is predominantly
a residential community with a small business district and provides
its own fire and police protection; now then, the Village Board deems
it to be in the best interests of the Village of Hobart and for the
health, safety, and welfare of the public to continue promoting fire
prevention and regulate open burning, cooking fires and recreational
fires in the Village of Hobart.
As used in this chapter, the following terms shall have the
meanings indicated:
A permit issued by the Village of Hobart to a residential
property owner within the Village of Hobart that allows the property
owner to burn certain materials on the property owner's property,
within the restrictions and limitations set forth in this chapter.
Any open burning on residential property within the Village
of Hobart and, for the purpose of this chapter only, excludes outdoor
burning that is permitted pursuant to this chapter.
Any burning outside on residential property within the Village of Hobart that is considered a cooking fire or recreational fire pursuant to § 127-6.
Any waste material except clean wood.
The Village of Hobart.
The Village of Hobart Fire Department located at 2703 South
Pine Tree Road, Hobart, Wisconsin, and 482 County Court, Hobart, Wisconsin.
Open burning, outdoor burning and refuse burning are prohibited
in the Village unless specifically permitted by this chapter.
A.
Except as provided in this chapter, specifically including § 127-6, no open burning, outdoor burning or refuse burning is permitted without first obtaining a burning permit from the Village.
B.
A burning permit shall be applied for at the Village, which is located
at 2990 South Pine Tree Road, in the Village of Hobart, Wisconsin,
between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday,
except holidays.
C.
All burning permits must be requested in person, although burning
permit forms may be obtained from the Village official website, filled
out in advance, and brought to the Village during the requisite time
periods.
D.
A burning permit shall only be issued for property located within
agricultural districts, which are the A-1 and A-2 Districts, or property
that consists of a minimum of 2.5 acres and as set forth herein.
E.
A burning permit is subject to the Village's discretion. The
Village reserves the right to deny any requested permit if, in the
judgment of the Village Public Works Director, Village Fire Chief,
Village Zoning Administrator/Building Inspector, or a Village Police
Officer, hazardous conditions exist. Note: If the owner or occupant
of the property denies access to the property for the purpose of an
inspection to determine whether hazardous conditions exist, the burning
permit will be denied as presumed hazardous.
G.
While the use of solid-fuel-fired heating devices may fall within the definition of open burning pursuant to the Administrative Code and Wisconsin Statutes, for the purposes of this chapter only, such devices do not fall within the definition of "open burning." For regulation of solid fuel-fired heating devices, refer to Chapter 177, Furnaces, Outdoor.
A burning permit is not required as follows:
A.
Subject to the prohibitions set forth in § 127-7, fires intended for cooking purposes are permitted without a burning permit in appropriate cooking grills and at a single or multifamily residence (hereinafter "cooking fire").
B.
Subject to the prohibitions set forth in § 127-7, fires less than four feet in diameter and intended for recreation purposes are permitted without a burning permit (hereinafter "recreational fire").
C.
Burning conducted by the Village of Hobart Fire Department is permitted
without a burning permit, provided such burning is necessary for firefighting
practice or instruction and such practice burn complies with the requirements
of the Department of Natural Resources and other applicable laws.
A.
No cooking fire is permitted on balconies above a first floor that
is part of a multistory unit, which is defined as a dwelling unit
or sleeping unit with habitable space located on more than one story.
B.
All recreational fires must be limited to a maximum diameter of four
feet.
C.
All recreational fires must be a minimum of 15 feet from any building,
structure, shed, garage, property line and a minimum of five feet
from any tree, shrub, brush, fence, or combustible material.
D.
All recreational fires must be either surrounded on the outside by
above ground noncombustible material, such as concrete, rock, or metal
and have a noncombustible cover or be in a portable Weber-type device
that is placed upon a noncombustible surface and secured and also
has a noncombustible cover.
E.
Other than using paper or cardboard products as starter fuel for a fire, no cooking fire or recreational fire may burn any material set forth in § 127-8F and/or G, which includes, but is not limited to, rubbish, garbage, recyclable items, trash, yard waste, asphalt, treated or painted wood, materials containing rubber, plastic, leather, oily substances or petroleum-based materials, or materials containing any flammable or combustible liquids.
F.
No cooking fire or recreational fire is permitted unless the property
owner and/or person controlling the fire has adequate fire-suppression
equipment present to extinguish or control the fire.
H.
Burning ban.
(1)
No recreational fire or cooking fire shall be permitted during periods
when either the Village, the Department of Natural Resources or the
Village of Hobart Fire Department has issued a burning ban (the "burning
ban"), which may be issued based upon one or more of the prior party's
discretion. Any imposed burning ban shall be immediately posted in
writing at the Village of Hobart Hall and the Village of Hobart Fire
Department as follows:
|
Village of Hobart
2990 South Pine Tree Road
Hobart, WI 54155
| |
|
Village of Hobart Fire Department No. 1
2703 South Pine Tree Road
Hobart, WI 54155
| |
|
Village of Hobart Fire Department No. 2
482 County Court
Hobart, WI 54155
|
(2)
Any imposed burning ban shall also be posted within 24 hours on the
Village of Hobart official website.
Notwithstanding obtaining a burning permit, the following restrictions
and limitations apply to all open burning:
A.
No open burning shall be permitted on property less than 2.5 acres.
B.
Monday through Friday: no open burning shall be permitted before
4:00 p.m. or after 8:00 p.m.; Saturday: no open burning shall be permitted
before 8:00 a.m. or after 8:00 p.m.; Sunday: no open burning shall
be permitted on Sunday or a holiday. All open burning shall be completely
extinguished before being left unattended.
D.
No open burning shall be permitted at any time the weather conditions
are not favorable for open burning. For example, high wind speeds
or wind direction may make the weather conditions not favorable for
open burning.
E.
Excluding Agricultural Districts, no open burning shall be permitted
in an area larger than 10 feet by 10 feet.
F.
No open burning shall be permitted within 30 feet from any building,
structure, shed, garage, property line, flammable liquid, or other
material constituting a potential fire hazard.
G.
No open burning may include burning trees or shrubs, unless such
trees or shrubs have been cut down and cut into segments 4 feet or
smaller.
H.
Excluding Agricultural Districts, open burning of wood, brush or demolition material, excluding items set forth in Subsection K, is permitted, provided methods approved by the DNR are used.
I.
Excluding Agricultural Districts, open burning of small amounts of
dry leaves and dry plant clippings are permitted.
J.
Open burning of brush or weeds on Agricultural Districts are permitted.
K.
The Village will not issue a burning permit for burning any of the
following materials without air pollution control devices and a written
copy of an approval by the Department of Natural Resources:
(1)
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.
(2)
Waste oil or other oily wastes, except used oil burned in a heating
device for energy recovery subject to the restrictions in Chapter
NR 679 of the Wisconsin Administrative Code.
(3)
Asphalt and products containing asphalt.
(4)
Treated or painted wood, including, but not limited to, plywood,
composite wood products or other wood products that are painted, varnished
or contain treated preservations.
(5)
Any plastic material, including, but not limited to, nylon, PVC,
ABS, polystyrene or urethane foam, and synthetic fabrics, plastic
films and plastic containers.
(6)
Rubber, including tires and synthetic rubberlike products.
Every burning permit granted by the Village shall be either
posted and at all times displayed in a conspicuous place on the property
where such burning shall occur or carried on the property owner (the
permittee) during the open burning process.
A burning permit granted by the Village shall be granted to
an individual person who is the owner of the property where such burning
shall occur and is not transferable to any other person. In the event
an entity owns the property where such burning shall occur, a burning
permit shall be issued to an owner of the entity, provided such owner
agrees to be individually, jointly and severally liable with the entity
for any violation of this chapter.
A.
Each act constituting a violation and every day upon which a violation
occurs or continues constitutes a separate violation; and
B.
Any person found to have violated this chapter, in addition to the
other costs set forth in this section, shall be subject to the following
forfeiture:
C.
Any person found to have violated this chapter, in addition to the
other costs set forth in this section, shall reimburse the Village
for the reasonable cost incurred due to the violation including, but
not limited to, cost of fire protection services, costs associated
with investigation of the violation, and other miscellaneous Village
and Village Fire Department fees, including costs associated with
confinement of the fire.
D.
Any person found to have violated this chapter, in addition to the
other costs set forth in this section, shall also forfeit the reasonable
costs of prosecution and, in default of payment of such forfeiture
and costs set forth herein, may be imprisoned in the county jail until
the costs set forth herein are made. Any imposed confinement in the
county jail shall not exceed 30 days for one offense.
A.
When the Village of Hobart Fire Chief determines there are environmental conditions likely to produce a serious threat of fire to life or property, in addition to the burning ban set forth in § 127-7H the Fire Chief may issue an emergency burning ban (the "emergency burning ban"). An emergency burning ban may require that no person do the following:
(1)
Throw, discard or drop matches, ashes, or other burning material
while outdoors and in the immediate vicinity of combustible natural
vegetation; and/or
(2)
Light or use any fireworks, as defined by the Wisconsin Statutes
or the Wisconsin Administrative Code, including, but not limited to,
caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains
that emit sparks and smoke.
The Village Fire Chief, Village Public Works Director, Village
Zoning Administrator/Building Inspector, Village Police Officer, or
any authorized officer, agent, employee or representative of the Village
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 property denies access to the property
for this purpose, a special inspection warrant may be obtained in
accordance with § 66.0119 of the Wisconsin Statutes.
The person to whom the burning permit is issued and/or the person utilizing or maintaining a recreational fire or cooking fire, whatever the case may be, shall be responsible jointly and severally for all costs resulting from damage caused by such fire, including those costs allowed by law and those costs set forth in § 127-11.
