[HISTORY: Adopted by the Town Board of the
Town of Ledgeview 9-19-2006 by Ord. No. 2006-015.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also repealed
former Ch. 19, Open Burning, adopted 3-18-2004.
This chapter is intended to promote the public
health, safety and welfare and to safeguard the health, comfort, living
conditions, safety and welfare of the citizens of the Town of Ledgeview
due to the air pollution and fire hazards of open burning, outdoor
burning and refuse burning.
A.
This chapter applies to all outdoor burning and refuse
burning within the Town of Ledgeview.
B.
This chapter does not apply to:
(1)
Grilling or cooking using charcoal, wood, propane
or natural gas in cooking or grilling appliances.
(2)
Burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation, unless the material being burned includes refuse as defined in § 19-4 of this chapter.
(3)
The use of propane, acetylene, natural gas, gasoline
or kerosene in a device intended for heating, construction or maintenance
activities.
Should any portion of this chapter be declared
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected.
As used in this chapter, the following terms
shall have the meanings indicated:
- ABOVE-GROUND FIRE STRUCTURE
- A permanently installed fire pit, stove or oven that is surrounded
on the outside by a noncombustible material such as concrete, concrete
block, or rocks.[Added 8-20-2019 by Ord. No. 2019-05]
- CAMPFIRE
- A small outdoor fire intended for recreation or cooking, not including a fire intended for disposal of waste wood or refuse.
- CLEAN WOOD
- Natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
- CONFIDENTIAL PAPERS
- Printed material containing personal identification or financial information that the owner wishes to destroy.
- FIRE CHIEF
- The Chief of the Ledgeview Volunteer Fire Department or other person authorized by the Fire Chief.
- IN-GROUND FIRE PIT
- Fire pit located below the ground level, with the perimeter
surrounded on the outside by a noncombustible material such as concrete,
concrete block, rocks, or metal.[Added 8-20-2019 by Ord. No. 2019-05]
- MANUFACTURED PORTABLE (WEBER-STYLE) DEVICE
- Commercially designed devices intended to control and contain
outdoor wood or fuel fire.[Added 8-20-2019 by Ord. No. 2019-05]
- OPEN BURNING
- Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney.
- OUTDOOR BURNING
- Open burning or burning in an outdoor wood-fired furnace.
- OUTDOOR WOOD-FIRED FURNACE
- A wood-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.
- REFUSE
- Any waste material except clean wood.
- RESIDENTIAL RECREATIONAL OUTDOOR BURNING
- The burning of clean wood or fuel contained in a manufactured
portable (Weber-style) enclosed device or a permanent structure for
recreational purposes in R-1, R-2 and R-3 Zoning Districts.[Added 8-20-2019 by Ord. No. 2019-05]
- RURAL RECREATIONAL OUTDOOR BURNING
- The burning of dead wood or fuel contained in a noncombustible
portable or permanent structure for recreational purposes in R-R,
AG-FP, or AG-2 Zoning Districts.[Added 8-20-2019 by Ord. No. 2019-05]
A.
General prohibition on outdoor burning and refuse
burning. Open burning, outdoor burning and refuse burning are prohibited
in the Town of Ledgeview, unless the burning is specifically permitted
by this chapter.
Unless a specific written approval has been
obtained from the Department of Natural Resources, the following materials
may not be burned in an open fire, incinerator, furnace, stove, burn
barrel or any other indoor or outdoor incineration or heating device:
A.
Rubbish or garbage, including but not limited to food
wastes, food wraps, packaging, animal carcasses, paint or painted
materials, furniture, composite shingles, construction or demolition
debris or other household or business wastes.
B.
Waste oil or other oily wastes except used oil burned
in a heating device for energy recovery subject to the restrictions
in Ch. NR 590, Wis. Adm. Code.
C.
Asphalt and products containing asphalt.
D.
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.
E.
Any plastic material, including but not limited to
nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics,
plastic films and plastic containers.
F.
Rubber, including tires and synthetic rubberlike products.
[Amended 10-21-2008 by Ord. No. 2008-019; 8-20-2019 by Ord. No. 2019-05]
A.
All residential
recreational outdoor burning, excluding open burns as defined by this
chapter, shall be contained in a noncombustible device with the following
requirements:
(1)
The
device must be a maximum of three feet in diameter.
(2)
The
device must be a minimum depth of four inches.
(3)
The
device shall be secured and surrounded by an enclosure of noncombustible
material such as concrete, concrete block, rock or metal, kept in
good condition.
(4)
The
device and enclosure shall be a minimum of 15 feet from any structure,
fence, property line, woodpile or any other combustible materials
at all times.
(5)
Burning
materials shall be contained within the device/enclosure at all times.
(6)
The
fire/flames shall not extend more than three feet above the source
at any time. Bonfires are allowed only if approved by and in accordance
with provisions established by the Fire Chief.
(7)
Fire
suppression equipment shall be present (i.e., shovels, fire extinguisher,
water hose or other equipment) to control the fire.
(8)
Fires
shall be attended by a person 18 years old or older at all times until
the fire is completely extinguished.
(9)
The
property owner, renter or lessee shall be held liable for any damage
caused by any fire including the cost of citations.
(10)
A
renter or lessee shall notify and/or obtain written permission from
the owner prior to initiating any fire pit/enclosure fire.
(11)
Residential
recreational outdoor burning is strictly prohibited in any easements
or land designated as conservancy.
(12)
Material
for recreational fires shall not include rubbish, garbage, recyclable
items, trash, or any material made of petroleum-based material and
shall not contain any flammable or combustible liquids, except for
devices which are designated to burn LP gas. Such LLP gas devices
shall only be used per the manufacturers' listing instructions.
(13)
The
property owner and/or person who have started any recreational fire
shall hold the Town harmless from any and all damages caused by a
recreational fire.
(14)
No
recreational outdoor fire shall be started or allowed to continue
until application is made to the Building Inspector, Fire Chief, or
Code Enforcement Officer.
B.
All rural
recreational outdoor burning, excluding open burns as defined by this
chapter, shall be contained in a noncombustible device with the following
requirements:
(1)
The
device must be a maximum of four feet in diameter.
(2)
The
device must be a minimum depth of four inches.
(3)
The
device shall be secured and surrounded by an enclosure of noncombustible
material such as concrete, concrete block, rock or metal, kept in
good condition.
(4)
The
device and enclosure shall be a minimum of 25 feet from any structure,
fence, property line, woodpile or any other combustible materials
at all times.
(5)
Burning
materials shall be contained within the device/enclosure at all times.
(6)
The
fire/flames may not extend more than four feet above the source at
any time. Bonfires are allowed only if approved by and in accordance
with provisions established by the Fire Chief.
(7)
Fire
suppression equipment shall be present (i.e., shovels, fire extinguisher,
water hose or other equipment) to control the fire.
(8)
Fires
shall be attended by a person 18 years old or older at all times until
the fire is completely extinguished.
(9)
The
property owner, renter or lessee shall be held liable for any damage
caused by any fire including the cost of citations.
(10)
A
renter or lessee shall notify and/or obtain written permission from
the owner prior to initiating any fire pit/enclosure fire.
(11)
Rural
recreational outdoor burning is strictly prohibited in any easements
or land designated as conservancy.
(12)
Material
for recreational fires shall not include rubbish, garbage, recyclable
items, trash, or any material made of petroleum- based material and
shall not contain any flammable or combustible liquids, except for
devices which are designated to burn LP gas. Such LLP gas devices
shall only be used per the manufacturers' listing instructions.
(13)
The
property owner and/or person who have started any recreational fire
shall hold the Town harmless from any and all damages caused by a
recreational fire. No recreational outdoor fire shall be started or
allowed to continue until application is made to the Building Inspector,
Fire Chief, or Code Enforcement Officer.
(14)
No
recreational outdoor fire shall be started or allowed to continue
until application is made to the Building Inspector, Fire Chief, or
Code Enforcement Officer.
[Amended 2-21-2012 by Ord. No. 2012-001; 11-17-2015 by Ord. No. 2015-012]
An outdoor wood-fired furnace may be installed
and used in the Town of Ledgeview only in accordance with the following
provisions:
A.
The outdoor wood-fired furnace shall be installed
and used only in an area zoned for A-2 Agricultural District or AG-FP
Agricultural Farmland Preservation uses.
B.
The outdoor wood-fired furnace shall not be used to burn any of the prohibited material listed in § 19-6 of this chapter.
C.
The outdoor wood-fired furnace shall be located at
least 300 feet from the nearest building which is not on the same
property as the outdoor wood-fired furnace.
D.
The outdoor wood-fired furnace shall have a chimney
that extends at least 15 feet above the ground surface. A lesser height
may be approved by the Fire Chief or designee on a case-by-case basis,
if necessary, to comply with manufacturer’s recommendations
and if the smoke from the lower chimney height does not create a nuisance
for neighbors.
E.
The owner of the outdoor wood-fired furnace shall obtain a one-time permit from the Fire Chief or designee in accordance with § 19-10 of this chapter as well as a building permit as appropriate from the Building Inspector prior to beginning installation.
F.
Application
fee. Each application under this section shall be accompanied by the
fee determined by the fee schedule adopted by the Town Board and kept
on file with the Town Clerk or designee.
A.
No person shall start or maintain any open burning
without a burning permit issued by the Fire Chief or Ledgeview municipal
office staff.
B.
An outdoor campfire does not require a permit, provided
that the fire complies with all other applicable provisions of this
chapter.
C.
Any person responsible for burning leaves, brush, clean wood or other vegetative debris under § 19-7 of this chapter shall obtain a burning permit before starting the fire. The burning permit is good for a period of up to five days. Upon expiration of the burning permit, a new permit must be applied for if additional burning is needed.
D.
The owner or occupant of the property shall obtain a one-time burning permit as required by § 19-8E for an outdoor wood-fired furnace before using the outdoor wood-fired furnace.
E.
When weather conditions warrant, the Fire Chief or
the Department of Natural Resources may declare a burning moratorium
on all open burning and temporarily suspend previously issued burning
permits for open burning.
F.
A burning permit issued under this section shall require
compliance with all applicable provisions of this chapter and any
additional special restrictions deemed necessary to protect public
health and safety.
G.
Any violation of the conditions of a burning permit
shall be deemed a violation of this chapter. Any violation of this
chapter or the burning permit shall void the permit.
A person utilizing or maintaining an outdoor
fire shall be responsible for all fire-suppression costs and any other
liability resulting from damage caused by the fire.
The Fire Chief or any authorized officer, agent,
employee or representative of the Town of Ledgeview who presents credentials
may inspect any property for the purpose of ascertaining compliance
with the provisions of this chapter. NOTE: If the owner or occupant
of the premises denies access to the property for this purpose, a
special inspection warrant may be obtained in accordance with § 66.0119,
Wis. Stats.
