[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Sec. 5-3-12 of the 1995 Code. Amendments noted where applicable.]
No person, firm or corporation shall build any outdoor fire
within the corporate limits of the Village of Fredonia except as set
forth below in this chapter. This prohibition on burning includes
burning of construction waste and debris at construction sites.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The prohibition stated in § 214-1 shall not apply to the following:
A.
Outdoor cooking over a fire contained in a device or structure designed
for such use is permissible.
B.
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.
C.
Ceremonial campfire or bonfires, with prior written approval of the
Fire Chief, or his designee, may be permitted.
E.
Open burning when a permit is issued.
A.
Procedure for issuance of burning permit. 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 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. 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:
(1)
Hours when burning is allowed;
(2)
Day(s) when burning is allowed;
(3)
Material which may or may not be burned;
(4)
Whether open burning is allowed or whether burning is only allowed
with an approved incinerator or burning device;
(5)
The length of time the permit is valid;
(6)
What constitutes an approved burning device or incinerator;
(7)
The size of the material pile burned by open burning.
(8)
The distance or distances to be maintained between the material being
burned and other flammable material;
(9)
Supervision required for burning, including minimum age of supervisors
and type of fire extinguishing equipment which must be present at
the burn site;
(10)
The manner in which ashes created by the burning under the permit
are to be disposed of.
B.
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.
A.
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.
B.
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.
C.
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).
D.
Any ashes created by burning such material as is lawful under this
section are to be disposed of in a manner authorized by law.
E.
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.
F.
No materials may be burned upon any street, curb, gutter, or sidewalk.
G.
Permits shall not be issued for burning barrels.
Any person, firm or corporation responsible for a fire, smoke,
and/or any other fire call related to a violation of this section
will be charged, by the Village for the actual cost of materials associated
with the extinguishing of any fire and/or the labor and materials
required to abate the problem which gave rise to the call.
