Village of Grafton, WI Chapter 7.07 Regulated Activities

[HISTORY: Adopted by the Village Board of the Village of Grafton 11-18-2019 by Ord. No. 020-2019. Amendments noted where applicable.]

§ 7.07.010 Careless smoking prohibited.

A. No person shall smoke or carry a lighted cigar, cigarette, or pipe, or light a match or other flame-producing device in any retail mercantile establishment, except in areas approved for such purposes by the AHJ. It shall be the duty of the person in charge of such an establishment to enforce the regulations of this section.

B. Smoking shall be prohibited in all rooms or parts of buildings which contain flammable liquids in open containers or in which flammable liquids are used in any manufacturing process or where vapors from the flammable liquids are present or sold.

C. A plainly printed notice of the provisions of this chapter shall be posted in a conspicuous place in all occupancies. Such printed notice shall also be posted in any place of public assembly where smoking is prohibited.

D. Smoking or use of flame-producing devices in schools or public libraries:

1. No person shall light a match or other flame-producing device, smoke, or carry a lighted cigar, cigarette, or pipe in any school building or public library except in areas approved for such purpose by the AHJ. It shall be the duty of the person(s) in charge of such buildings to post and maintain approved signs bearing the words "No SMOKING" in locations designated by the AHJ.

2. Sections 101.025(1) and 101.123, Wis. Stats., are hereby adopted by reference as if fully set forth herein.

§ 7.07.020 Fireworks.

A. It is unlawful within the limits of the Village for any person to sell, expose or offer for sale, use, keep or discharge, or to explode any firecracker, bottle rocket, cherry bomb, colored smoke bomb, blank cartridge toy pistol or cannon in which explosives are used, contrivances using explosive caps or cartridges, display wheels, the type of balloon which requires fire underneath to propel the same, firecrackers, torpedoes, sky rockets, roman candles, aerial salutes, American or Chinese bombs or other fireworks containing any explosives of flammable compound, or any tablets or other device commonly used and sold as fireworks containing nitrates, chlorates, oxylates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus, or any compound containing any of the same or other explosives.

B. Permit required. Fireworks, other than those prohibited by the laws of the state, may be used and displayed in open fields, public parks, private parks or rivers, lakes and ponds by public authorities, fair associations, amusement parks, park boards, civic organizations and groups of individuals that have been granted permits for such displays by the Village President. Application for permits shall be filed in writing with the Village Clerk, who shall refer such applications to the Fire Chief for review and compliance with applicable codes. Once approved by the Fire Chief, the application shall refer such application to the Village President.

C. Permit; bond required. Before any permit for the use or display of fireworks shall be granted to any applicant, the applicant shall file with the Village Clerk an indemnity bond in the name of the Village in the amount of $2,000 with good and sufficient sureties for the payment of all claims that may arise by reason of injury to persons or property from the handling, use or discharge of fireworks under such permit.

D. Permit issuance. If the Village President determines that the applicant will use the fireworks in a public exhibition and that all reasonable precautions will be exercised with regard to the protection of the lives and property of all persons, they may issue a permit for the use of fireworks at the time and place set out in the application.

§ 7.07.030 Blasting

A. Blasting permit required. All persons or entities who perform blasting in the Village shall obtain a permit from the Fire Department prior to storage or use of blasting agents or explosives.

B. Application for a permit may be obtained at the Village Clerks Office. Applications shall be submitted not less than seven days prior to the date of such blasting project. No accumulating of blasting agents or explosives shall be allowed prior to the issuance of the permit. After review of the application and inspection of the site, a permit shall be issued or denied at the discretion of the AHJ upon due consideration of the provisions of this chapter, promotion of public safety and security of adjoining property. The AHJ reserves the right to reinspect the project site at any time to ensure public safety.

C. Exemptions from permit requirement. Persons or entities engaged in the active operation of quarrying activities as a legal, nonconforming, permissive or special use of land prior to the effective date of this chapter shall be exempt from the permit requirement hereunder.

§ 7.07.040 Burning.

A. Burning restricted. Burning of any kind is restricted as provided in this section. Bonfires, fire pits, and recreational fires shall comply with the requirements of NFPA 1.

B. Grills.

1. For other than one- and two-family dwellings, no hibachi, gas-fired grill, charcoal grill or similar device used for cooking, heating, or any other purpose shall be used or kindled on any balcony or under any overhanging portion of a building or within 10 feet of any structure. Grilling on ground level is permissible, provided that the grill is at least 10 feet away from any structure. Smoke must not be a nuisance to neighbors or public roadways.

2. Barbecue grills of any type, kettles, outdoor hibachis, other types of gas-fueled cooking devices, other than household kitchen appliances, including, but not limited to, deep fryers (turkey fryers) and camping stoves. It shall be unlawful to ignite or burn inside any occupancy, including any residential occupancy or portion thereof, any type of barbecue grill, kettle, outdoor hibachi, or other type of gas-fueled cooking device, other than household kitchen appliances, including, but not limited to, deep fryers and camping stoves.

3. No flame shall at any time exceed one foot in height over the source fuel.

C. Portable fire pits.

1. Portable fire pits shall not be used or kindled on any balcony or under any overhanging portion of a structure or within 25 feet of any structure unless such fire is contained in an approved manner which is tested and approved via a nationally recognized testing organization.

2. Portable fire pits shall be listed by a nationally recognized testing organization or acceptable to the AHJ.

3. Portable fire pits must be placed on a noncombustible surface.

4. Burning of yard waste, construction waste or other refuse is prohibited; only clean, dry wood can be used.

5. Flammable or combustible liquids shall not be used to ignite the fire.

6. Smoke shall be limited and shall not become a nuisance to neighbors or public roads.

7. No flame shall at any time exceed one foot in height over the source fuel.

D. Open burning. Open burning is prohibited within the limits of the Village of Grafton.

1. Exemption: The Fire Department, by the order of the Fire Chief, may open burn.

E. Bonfires. Bonfires are prohibited within the limits of the Village of Grafton.

1. Exemption: The Fire Department, by the order of the Fire Chief, may kindle a bonfire.

F. All fires must be supervised at all times by a competent person who is at least 18 years of age.

G. A garden hose connected to the water supply or other fire-extinguishing equipment shall be readily available for use.

H. No fire shall be left unattended.

I. The AHJ shall be authorized to require any fire to be immediately discontinued if the fire is determined to constitute a hazardous condition or nuisance.

J. Fire Chief or their designee, authorized to prohibit fires and other activities. In the event conditions exist within the Village, including but not limited to excessive dryness, the Fire Chief or their designee, of the Village of Grafton may, by order issued without notice, prohibit all burning, fires, fireworks or other activities that may cause a fire to be kindled or started. Upon the issuance of such order by the Fire Chief or their designee, it shall be published in the official newspaper and posted as necessary to give adequate notice to all residents of the Village. Upon the cessation of said conditions, the Fire Chief or their designee shall cancel the order.

§ 7.07.050 Sky lanterns.

Use prohibited. The use of unmanned, free-floating sky lanterns and similar devices utilizing an open flame shall be prohibited.

§ 7.07.060 Regulation of grass fires.

A. No person shall kindle any grass fire within the limits of the Village of Grafton.

1. Exemption. The Fire Department, by the order of the Fire Chief, may kindle a grass fire.

§ 7.07.070 Tents.

A. No tent or membrane structures exceeding 1,200 square feet in area shall be erected, maintained or used without a permit within the limits of the Village of Grafton.

B. All tents or membrane structures shall comply with NFPA 102.

C. All tents or membrane structures that require a permit, require an inspection by the Fire Department and Building Inspection Department prior to the use.

§ 7.07.080 Appeals.

A. Whenever the AHJ disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this chapter do not apply or that the true intent and meaning of this chapter has been misconstrued or wrongly interpreted, the applicant may appeal the decision of the AHJ.

B. Appeals shall be submitted in writing to the Chief of the Fire Department for a review of the initial determination within 30 days from the date of the decision of the AHJ.

C. All appeals shall proceed pursuant to Wisconsin Statutes Chapter 68, Municipal Administrative Procedure.