[HISTORY: Adopted by the Common Council of the City of Arcadia
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-15-1971 by Ord. No. 129; amended in its entirety 8-15-2016]
This article 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 City of Arcadia due to the
air pollution and fire hazards of open burning, outdoor burning and
refuse burning.
This article applies to all outdoor burning and refuse burning
within the City of Arcadia, except:
A.
Grilling or cooking using charcoal, wood, propane or natural gas
in cooking or grilling appliances.
B.
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 § 214-3 of this article.
C.
The use of propane, acetylene, natural gas, gasoline or kerosene
in a device intended for heating, construction or maintenance activities.
As used in this article, 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.
Natural wood which has not been painted or 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.
Printed material containing personal identification or financial
information that the owner wishes to destroy.
The Wisconsin Department of Natural Resources, an executive
agency of the State of Wisconsin created pursuant to § 15.34,
Wis. Stats., as amended from time to time.
The Chief of the Arcadia-Glencoe Fire Department or other
person authorized by the Fire Chief.
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.
Open burning or burning in an outdoor wood-fired furnace.
A wood-fired furnace, stove or boiler that is not designed
to be and is not located within a building intended for habitation
by humans or domestic animals.
Any waste material except clean wood.
A.
Open burning, outdoor burning and refuse burning are prohibited in
the City of Arcadia unless the burning is specifically permitted by
this article.
B.
Outdoor fireplace or fire. This section does not prohibit the use
of an outdoor fireplace, campfires, or outdoor fire used exclusively
for cooking, warmth or a recreational purpose. Outdoor fireplaces
shall not be used for burning litter, refuse, garbage, leaves, paper
rubbish or other waste materials. The material to be burned in an
outdoor fireplace or fire shall be contained within an outdoor fireplace,
barbeque or noncombustible fire ring and shall be limited to a pile
no larger than three feet wide by two feet high. Fires within such
a ring of an outdoor fireplace or barbeque shall be a minimum distance
of 25 feet from all structures and not more than 150 feet from a twenty-foot-wide
access for fire apparatus.
Unless a specific written approval has been obtained from the
Department, 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:
A.
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.
B.
Waste oil or other oily wastes except used oil burned in a heating
device for energy recovery subject to the restrictions in Ch. NR 679,
Wis. Adm. Code.
C.
Asphalt and products containing asphalt.
D.
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.
E.
Any plastic material, including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films
and plastic containers.
F.
Rubber, including tires and synthetic rubber-like products.
Open burning of clean wood is allowed only in accordance with
the following provisions:
A.
Open burning shall be conducted in a safe, nuisance-free manner,
when wind and weather conditions are such as to minimize adverse effects
and will not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in conformance
with all local and state fire protection regulations.
B.
Except for barbecue, gas and charcoal grills, no open burning shall
be undertaken during periods when either the Fire Chief or the Wisconsin
Department of Natural Resources has issued a burning ban applicable
to the area.
C.
Open burning shall be conducted only on the property on which the
materials were generated or at a facility approved by and in accordance
with provisions established by the Department and the Fire Chief.
D.
Unless explicitly allowed elsewhere in this article, a commercial
enterprise other than an agricultural or silvicultural operation may
open burn only at a facility approved by and in accordance with provisions
established by the Department and the Fire Chief.
E.
Fires set for forest, prairie or wildlife habitat management are
allowed with the approval of the Department.
F.
Outdoor campfires and small bonfires for cooking, ceremonies or recreation
are allowed provided that the fire is confined by a control device
or structure such as a fire ring or fire pit. Bonfires are allowed
only if approved by and in accordance with provisions established
by the Fire Chief.
G.
In emergency situations such as natural disasters, burning that would
otherwise be prohibited is allowed if specifically approved by the
Department.
H.
Open burning under this section shall only be conducted at a location
at least 25 feet from all structures and not more than 150 feet from
a twenty-foot-wide access for fire apparatus.
I.
Open burning shall be continuously attended and supervised by a competent
person of at least 18 years of age until the fire is extinguished
and is cold. The person shall have readily available for use such
fire-extinguishing equipment as may be necessary for the total control
of the fire.
J.
No materials may be burned upon any street, curb, gutter or sidewalk
or on the ice of a lake, pond, stream or water body.
K.
Except for barbecue, gas and charcoal grills, no burning shall be
undertaken within 25 feet from any combustible material, combustible
wall or partition, exterior window opening, exit access or exit unless
authorized by the Fire Chief.
L.
No open burning may be conducted on days when the Department has
declared an air quality watch or air quality advisory for ozone or
fine particle pollution applicable to the City of Arcadia.
A.
Notwithstanding § 214-5 of this article, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this article.
B.
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.
C.
Confidential papers from a commercial enterprise shall be shredded
or destroyed in a manner other than burning.
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 City of Arcadia who presents credentials may
inspect any property for the purpose of ascertaining compliance with
the provisions of this article. 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 § 66.0119, Wis.
Stats.
A.
The Fire Chief or City Administrator may enforce the provisions of
this article.
B.
Any person violating any portion of this article shall be subject
to a forfeiture of not less than $25 nor more than $200 plus the cost
of prosecution and in default of the payment thereof shall be confined
to the county jail for a period of not to exceed 30 days.[1]
C.
Each day a violation occurs or continues is considered a separate
offense.
In any case where a provision of this article or of any regulation
adopted pursuant hereto is found to be in conflict with a provision
of any zoning, building, fire, safety, or health ordinance or other
regulation of the City of Arcadia, the provision which establishes
the higher standard for the promotion of public health and safety
shall prevail.
