[HISTORY: Adopted by the Village Board of the Village of Monticello as Secs. 5-2-3, 5-2-5, 5-2-7 to 5-2-12 and 5-3-1 of the 1989 Code of Ordinances. Amendments noted where applicable.]
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the MMPW Volunteer Fire Department along the streets or alleys of such Village at the time of a fire or when the Fire Department of the Village is using such streets or alleys in response to a fire alarm or for practice.
A. 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Monticello Volunteer Fire Department, and no vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street, private driveway or other place, to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.
B. 
Parking vehicles near hydrants. It shall be unlawful for any person to park any vehicle or leave any object within 10 feet of any fire hydrant at any time.
C. 
No parking near fire. It shall be unlawful for any person, in case of fire, to drive or park any vehicle within one block from the place of fire without the consent and authority of the Fire Chief or any police officer.
Every person who shall be present at a fire shall be subject to the orders of the Fire Chief or officer in command and may be required to render assistance in fighting the fire or in removing or guarding property. Such officer shall have the power to cause the arrest of any person or persons refusing to obey said orders.
Whenever there shall be a fire or fire alarm or the Fire Department shall be out for practice, every person driving or riding in a motorized or other vehicle shall move and remain to the side of the street until the fire engine and fire truck and other fire apparatus shall have passed.
No person shall occupy any portion of such streets or alleys with a motorized or other vehicle between such fire engine or fire truck or other fire apparatus or any hydrant to which a fire hose may be, or may about to be, attached.
A. 
Open burning prohibited. No person, firm or corporation shall build any outdoor fire within the corporate limits of the Village of Monticello excepting as set forth in Subsection B of this section. This prohibition on burning includes burning of construction waste and debris at construction sites.
B. 
Exceptions.
(1) 
Outdoor cooking over a fire contained in a device or structure designed for such use is permissible;
(2) 
Controlled burning of grass or similar vegetation for environmental management purposes, with the prior written approval of the Fire Chief, may be permitted; this exception is not to be used for the burning of grass, leaves or other lawn debris;
(3) 
Ceremonial campfire or bonfires, with prior written approval of the Fire Chief, may be permitted;
(4) 
Controlled burning of dry leaves and other non-offensive dry yard debris during the periods of April 1 through May 31, and October 1 through November 30 of each year, between the hours of 3:00 p.m. and 7:00 p.m., except Sundays when such burning is prohibited, provided, however, that such burning is:
(a) 
Monitored by a responsible person until the fire has extinguished itself completely;
(b) 
Conducted on days when excessive wind or atmospheric conditions will not result in danger to public health or safety;
(c) 
Located off the public street pavement or street gutter;
(d) 
Located at least 30 feet from any neighboring residence;
(e) 
Not used for covert incineration of offensive substances or materials;
(5) 
Other occasions of desirable outdoor burning not specified by this Subsection, but not as an alternative to refuse removal or disposal of which other methods are available, may be granted single occasion approval as in Subsection B(2) and (3) above.
(6) 
Outdoor burning in a barrel or incinerator which is covered by a screen or grate and located a minimum of 25 feet from a dwelling is permissible, provided that such burning barrel/incinerator is not used for covert incineration of offensive substances or materials. Such burning is permissible between the hours of 6:00 a.m. and 6:00 p.m., except Sundays when such burning is prohibited.
(7) 
Whenever approval and special permits are granted by the Fire Chief under Subsection B(2), (3) and (5) of this section, the permit may specify and be conditioned on observance of safety restrictions and insurance requirements set forth therein.
C. 
Chief may prohibit. The Village Board may prohibit any or all bonfires and outdoor fires when atmospheric conditions or local circumstances make such fires hazardous.
D. 
Burning on streets. No materials may be burned upon any street, curb, gutter or sidewalk.
E. 
Liability. Persons utilizing and maintaining outdoor fires shall be responsible for any liability resulting from damage caused by his fire.
[Added 11-3-2010 by Ord. No. 2010-1103]
An outdoor solid fuel-fired furnace may be installed and used in the Village only in accordance with the following provisions:
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
OUTDOOR SOLID FUEL-FIRED FURNACE
A device designed for solid fuel combustion so that usable heat is derived for the interior of a building, and includes solid fuel-fired stoves, and furnaces and combination fuel furnaces or boilers which burn solid fuel in combination or alternatively to any other fuel.
PERSON
An individual, partnership, corporation, company or other association.
PUBLIC NUISANCE
That any act or failure to perform a legal duty required by this chapter is declared a public nuisance.
(1) 
Any dense smoke, noxious fumes, gas or soot, or cinders, wood, wood by-products or other solid fuels in unreasonable quantities may be declared a public nuisance by the Village or its agents. For storage of wood and wood byproducts see § 380-92.
STACKS or CHIMNEYS
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel-fired furnace including that part of such structures extending above its roof.
B. 
Requirements.
(1) 
No person shall construct, install, establish, operate or maintain an outdoor solid fuel-fired furnace without first having obtained a permit from the Village.
(2) 
No person shall construct, install, establish, operate or maintain an outdoor solid fuel-fired furnace in a way other than in compliance with the applicable subsections of this section and subject to inspection by the Building Inspector and/or Fire Chief.
(3) 
No person shall operate an outdoor solid fuel-fired furnace unless such operation conforms with the manufacturer's instructions regarding such operation and the requirements of this section.
(4) 
Each new outdoor solid fuel-fired furnace shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this section. In the event of a conflict between the requirements of this section and the manufacturer's instructions, the stricter requirement shall apply.
(5) 
The owner of a new outdoor solid fuel-fired furnace shall produce the manufacturers' owner's manual to the Building Inspector and/or Fire Chief or his or her designee to review prior to installation.
(6) 
Each new outdoor solid fuel-fired furnace shall be laboratory tested and listed to appropriate safety standards such as Underwriters Laboratory (UL), American National Standards Institute (ANSI) or other applicable safety standards.
(7) 
An outdoor solid fuel-fired furnace shall not be located closer than 50 feet from the nearest building which is not on the same property as the outdoor solid fuel-fired furnace.
(8) 
Each outdoor solid fuel-fired furnace shall have a stack or chimney that extends at least 15 feet above the ground surface and must be so constructed to withstand high winds or other related elements. If there are any residences within 100 feet of the outdoor solid fuel-fired furnace, the chimney shall also extend at least as high above the ground surface as the height of the roofs of all such residences. The Building Inspector may approve a lesser height on a case by case basis to comply with the manufacturers recommendations and if the smoke from the lowered chimney does not create a nuisance.
(9) 
If an outdoor solid fuel-fired furnace creates a public nuisance, then the owner of such outdoor solid fuel-fired furnace shall abate such public nuisance by:
(a) 
Relocating the outdoor solid fuel-fired furnace.
(b) 
Extending the chimney.
(c) 
Both relocating the outdoor solid fuel-fired furnace and extending the chimney until reasonable steps can be taken to ensure that the outdoor solid fuel-fired furnace will not be a nuisance.
(d) 
Ceasing all operations of the outdoor solid-fuel-fired furnace until reasonable steps can be taken to ensure that the furnace will not be a nuisance.
(10) 
Outdoor solid fuel-fired furnaces shall be constructed, established, installed, operated and maintained as follows:
(a) 
Fuel burned in an outdoor solid fuel-fired furnace shall be only clean wood, wood pellets, corn products, biomass pellets or other fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas or propane backup.
(b) 
Use of the following fuels in an outdoor solid fuel-fired furnace is strictly prohibited:
[1] 
All rubbish or garbage including, but not limited to, food wastes, food packaging and food wraps.
[2] 
Plastic materials including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
[3] 
Rubber, including tires or other synthetic rubber-like products.
[4] 
Newspaper, cardboard, or any paper with ink or dye products.
[5] 
Asphalt and asphalt containing products, 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.
[6] 
Any other items not specifically allowed by this section.
(c) 
New outdoor solid fuel-fired furnaces, other than EPA OWHH Phase 1 Program (Environmental Protection Agency emission standards for outdoor solid fuel-fired hydronic heaters) qualified models shall be located on the property as follows:
[1] 
At least 25 feet from the property line.
[2] 
In compliance with the manufacturer's recommendation and or requirements for clearance to combustible materials.
[3] 
At least 50 feet from any residence that is not served by the outdoor solid fuel-fired furnace.
(11) 
Any existing noncomplying installation shall be removed, replaced or brought into compliance within a period of six months from the effective date of the ordinance.
C. 
Right of entry and inspection. The Building Inspector and/or Fire Chief may inspect any property for the purpose of enforcing or ascertaining compliance with any provisions of this section.
D. 
Enforcement and penalties.
(1) 
Enforcement. The Building Inspector, Fire Chief or other designated Village officials authorized to enforce the provisions of this section.
(2) 
Penalties.
(a) 
A person who violates any provision of this section shall be subject to the general penalty found in § 1-6.
(b) 
In addition to the forfeiture provided in § 1-6, a person who violates this section shall pay to the Village reasonable costs incurred for prosecution of such violation.
[Added 11-3-2010 by Ord. No. 2010-1103A]
The property owner, renter or consumer for which fire protection or first response services are utilized shall be responsible for all costs charged to the Village of Monticello by the Monticello Fire Department/District. After billing has been received from the Monticello Fire Department/District, the Village Clerk-Treasurer shall send billing to the appropriate owner, renter or consumer.
The following Orders, Rules and Regulations of the Department of Safety and Professional Services, all of which are set forth in the Wisconsin Administrative Code as from time to amended, are incorporated herein by reference and adopted as part of this Chapter 202, Fires and Fire Prevention:
Ch. SPS 307, Explosives and Fireworks
Ch. ATCP 93, Flammable, Combustible and Hazardous Liquids
Ch. SPS 314, Fire Prevention
Ch. SPS 316, Electrical
Ch. SPS 318, Elevators, Escalators and Lift Devices
Ch. SPS 332, Public Employee Safety and Health
Ch. SPS 340, Gas Systems
Ch. SPS 343, Anhydrous Ammonia Code
Ch. ATCP 94, Petroleum and Other Liquid Fuel Products[1]
Ch. SPS 360, Erosion Control, Sediment Control and Storm Water Management
Ch. SPS 361, Administration and Enforcement
Ch. SPS 362, Buildings and Structures
Ch. SPS 363, Energy Conservation
Ch. SPS 364, Heating, Ventilating and Air Conditioning
[1]
Editor's Note: Original Sec. 5-3-1(j), Wis. Adm. Code Ch. Comm 59, Hazardous Occupancies, of the 1989 Code of Ordinances, which immediately followed this entry, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).