[HISTORY: Adopted by the Village Board of Trustees 10-4-1993 (Sec. 5-2-9 of the 1993 Code of Ordinances), as amended through 2-17-2015. Subsequent amendments noted where applicable.]
No person, firm or corporation shall build any outdoor fire within the corporate limits of the Village of Spencer excepting as set forth below in this chapter. This prohibition on burning includes burning of construction waste and debris at construction sites.
The prohibition stated in § 198-1 shall not apply to the following:
Outdoor cooking over a fire contained in an open-topped device or structure designed for such use is permissible but the device may not exceed 24 inches in height.
Controlled burning of grass or similar vegetation for environmental management purposes, with the prior written approval of the Fire Chief, or his designee, may be permitted; this exception is not to be used for the burning of grass, leaves or other lawn debris.
Ceremonial campfires or bonfires, with prior written approval of the Fire Chief or his designee, may be permitted.
Open burning when a permit is issued.
Procedure for issuance of burning permit.
Before the setting or starting of any open burning permitted under this chapter, a permit authorizing the burn shall be first obtained by the owner, operator, or agent from the Fire Chief or from such other person as may be authorized or designated by the Fire Chief to issue such permits. Application for a burning permit shall be made in writing upon a form furnished by the Fire Chief. A permit fee as set by the Village Board is required.
The Fire Chief 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:
Hours when burning is allowed;
Day(s) when burning is allowed;
Material which may or may not be burned;
Whether open burning is allowed or whether burning is only allowed within an approved incinerator or burning device;
The length of time the permit is valid;
What constitutes an approved burning device or incinerator;
The size of the material pile burned by open burning;
The distance or distances to be maintained between the material being burned and other flammable material;
Supervision required for burning, including minimum age of supervisors and type of fire-extinguishing equipment which must be present at the burn site; and
The manner in which ashes created by the burning under the permit are to be disposed of.
Issuance of permit. If the Fire Chief, or other person authorized or designated by the Fire Chief to issue such permits, finds that the proposed burning complies with all Village ordinances and the regulations contained in Ch. SPS 314, Wis. Adm. Code, 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 Chief. No burning permit issued shall be valid for more than 30 days from the date when issued.
The following regulations shall be applicable when an open burning permit has been issued:
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 regulation. Open burning permits shall not be used to covertly burn plastic, construction debris or other prohibited materials.
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.
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).
Any ashes created by burning such material as is lawful under this chapter are to be disposed of in a manner authorized by law.
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.
No materials may be burned upon any street, curb, gutter, or sidewalk.
Permits shall not be issued for burning barrels.