[HISTORY: Adopted by the Town Board of the Town of Oconomowoc 2-20-2023 by Ord. No. 2023-3. Amendments noted where applicable.]
A.
"Open burning" defined; required receptacles.
(1)
"Open burning" is defined as a controlled, limited-size open-area
fire, either with or without use of a burning receptacle.
(2)
Metal or noncombustible receptacle required. No person shall kindle
or maintain any open burning in burning receptacles, unless said receptacle
is metal and noncombustible with an appropriate cover so as to retain
all burning material within the receptacle, and unless the receptacle
is resting upon a noncombustible base or on ground and is at least
15 feet away from any combustible material.
B.
Permit required; exceptions.
(1)
Except as provided in Subsection B(2), no person shall kindle or maintain any open burning or authorize the kindling or maintaining of any open burning within the limits of the Town without first securing a written permit from the Chief of the Fire Department serving the fire district area in which the burning is intended. The permit shall be valid only for the days and time periods specified by the Fire Chief. Copies of each permit shall be on file with the Fire Chief, Town Clerk and Police Department. In the absence of the Fire Chief, an assistant fire chief shall be authorized to issue such permits. Applications for burning permits shall be made not less than 24 hours prior to the intended burn.
C.
Size of pile. The size of the pile of material to be burned shall
not exceed four feet by four feet by three feet high or as permitted
by the Fire Chief.
D.
Location. The location of the open burning shall be approved by the
Fire Chief, and either:
(1)
The pile of material being burned shall be at least 50 feet from
any structure, wood or lumber pile, or a wooden fence and provisions
shall be made to prevent the fire from spreading to within 50 feet
of such items; or
(2)
The fire shall be contained in an approved burner located at least
15 feet from any structure, wood or lumber pile, or wooden fence.
E.
Material for burning.
F.
Supervision. Open burning shall be constantly attended and supervised
by a competent person at least 16 years of age until such fire is
extinguished. This person shall have readily available for use fire-extinguishing
equipment deemed necessary by the Fire Chief.
G.
Time of burn. Permitted open burning shall be permitted only from
7:00 a.m. until 1/2 hour after sunset or as permitted by the fire
department having jurisdiction.
H.
Prohibitions. Outdoor burning shall be prohibited as follows:
(1)
When the wind velocity exceeds nine miles per hour or local circumstances
make the fires potentially hazardous. Local circumstances include,
but are not limited to, thermal inversions, ozone alerts and very
dry conditions.
(2)
No burning shall take place within 25 feet of the high water mark
of lake shores, streams or other watercourses or in roadside ditches.
(3)
No building, structure or materials from a razed building shall be
burned, unless it shall be a fire for the practice and instruction
of fire persons or the testing of firefighting equipment and shall
be under the supervision of the Fire Department.
(4)
There shall be no open burning on construction sites of any building
materials.
(5)
No open burning of leaves shall be permitted when the location of
the leaf pile and the wind velocity may cause smoke to create a nuisance
for adjacent property owners. This prohibition shall apply regardless
of the wind velocity.
I.
Town Fire Warden; fires on lands in Town.
(1)
Section 26.13, Wis. Stats., is hereby adopted by reference.
(2)
Whenever the Town Board deems it imprudent to set fires upon any
land within the Town, the Board shall post, or cause to be posted,
in five or more public places in the Town notices prepared by the
Department of Natural Resources, or shall place one such notice in
the official Town paper forbidding the setting of the fires in the
Town and, after the posting of the notices, no person may set any
fire upon any land in the Town, except for warming the person or cooking
food, until written permission has been received from the Town Chairman.
J.
Bonfires.
(1)
Defined. A "bonfire" is defined as a large open-area fire kindled
to mark a public event, victory celebration or similar occurrence
where dry, combustible material, such as wood, paper, and similar
items are burned.
(2)
Authorization required. All persons shall obtain authorization from
the Fire Chief for the fire district in which the bonfire is proposed
to be located before kindling or maintaining any bonfire or authorizing
the kindling or maintaining of any bonfire on any premises.
(3)
Quantity of material to be burned. The allowable quantity of material
to be burned shall be determined by the Fire Chief and shall be based
upon the fire safety considerations of the situation and the desired
duration of burn.
(4)
Material for burn.
(a)
Fuel for bonfires shall consist of dry material only and shall
not be ignited with flammable or combustible liquids.
(b)
Material for bonfires may not include rubbish, garbage, trash
or material made of or coated with rubber, plastic, leather or petroleum-based
materials and may not contain any flammable or combustible liquids.
(5)
Other regulations. Persons kindling or maintaining bonfires or authorizing
the kindling or maintenance of bonfires shall be subject to the ordinances
of the Town and the regulations of the fire department of the district
in which located.
