[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Editor's Note: This chapter also repealed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:
- 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.
- 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.
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]
Open burning of leaves, weeds, brush, stumps,
clean wood and other vegetative debris is allowed only in accordance
with the following provisions:
A.
All allowed open burning shall be conducted in a safe,
nuisance-free manner, when wind and weather conditions are such as
to minimize adverse effects and not create a health hazard or a visibility
hazard on roadways, railroads or airfields. Open burning shall be
conducted in conformance with all local and state fire-protection
regulations.
B.
Except for barbecue, gas and charcoal grills, no open
burning shall be undertaken during periods when either the Fire Chief
or the Wisconsin Department of Natural Resources has issued a burning
ban applicable to the area.
C.
Open burning shall be conducted only on the property
on which the materials were generated or at a facility approved by
and in accordance with provisions established by the Department of
Natural Resources and the Fire Chief. An exception will be granted
for the use of firewood that can be brought to the property site to
be burned.
D.
Unless explicitly allowed elsewhere in this chapter,
a commercial enterprise other than an agricultural or forestry operation
may open burn only at a facility approved by and in accordance with
provisions established by the Department of Natural Resources and
the Fire Chief.
E.
The open burning of weeds or brush on agricultural
lands is allowed if conducted in accordance with other applicable
provisions of this chapter.
F.
Fires set for forest, prairie or wildlife habitat
management are allowed with the approval of the Department of Natural
Resources.
G.
Outdoor campfires and small bonfires for cooking,
ceremonies or recreation are allowed, provided that the fire is confined
by a control device or structure such as a barrel, fire ring, or fire
pit. Bonfires are allowed only if approved by and in accordance with
provisions established by the Fire Chief. A burning pit must be 25
feet from any structure, fence, property line, woodpile or any other
combustible materials. The pit must be in-ground and no larger than
four feet in diameter.
H.
The burning of trees, limbs, stumps, brush or weeds
for clearing or maintenance of rights-of-way is allowed if approved
by the Fire Chief and if in accordance with other provisions of this
chapter.
I.
In emergency situations such as natural disasters,
burning that would otherwise be prohibited is allowed if specifically
approved by the Department of Natural Resources.
K.
Open burning under this section shall only be conducted
at a location at least 25 feet from any structure.
L.
Except for campfires and permitted bonfires, open
burning shall only be conducted 1/2 hour after sunrise until 1/2 hour
before sunset.
M.
Open burning shall be constantly attended and supervised
by a competent person of at least 18 years of age until the fire is
extinguished and is cold. The person shall have readily available
for use such fire-extinguishing equipment as may be necessary for
the total control of the fire.
N.
No materials may be burned upon any street, curb,
gutter or sidewalk or on the ice of a lake, pond, stream or water
body.
O.
Except for barbecue, gas and charcoal grills, no burning
shall be undertaken within 25 feet from any combustible material,
combustible wall or partition, exterior window opening, exit access
or exit unless authorized by the Fire Chief.
P.
No open burning may be conducted on days when the
Department of Natural Resources has declared an ozone action day applicable
to the Town of Ledgeview.
[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.
