[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Editor's Note: This chapter also repealed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:
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]
A small outdoor fire intended for recreation or cooking,
not including a fire intended for disposal of waste wood or refuse.
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. Commercial fire logged and pellets for pellet stoves
that may use natural resins for cohesive properties are exempt.
[Amended 3-22-2022 by Ord. No. 2022-08]
Printed material containing personal identification or financial
information that the owner wishes to destroy.
The Chief of the Ledgeview Fire Department or other person
authorized by the Fire Chief.
[Amended 3-22-2022 by Ord. No. 2022-08]
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]
Commercially designed devices intended to control and contain
outdoor wood or fuel fire.
[Added 8-20-2019 by Ord. No. 2019-05]
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.
Open burning or burning in an 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.
Any waste material except clean wood.
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]
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. When weather and fire conditions put any open burning
at risk, the Fire Chief or State of WI may issue a burning ban. When
a Townwide burning ban is issued, all burning is restricted, including
recreational fires.
[Amended 3-22-2022 by Ord. No. 2022-08]
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. Only recreational residential burning is
allowed as described above. The Wisconsin DNR's air quality and waste
management rules generally prohibit open burning of all materials
by businesses, with some limited exceptions. When limited exceptions
are allowed, DNR approval or licensing is typically required in addition
to Town burning permits. As such, Town burning permits will not be
issued to businesses without proof that they have obtained Wisconsin
DNR air permits or waste disposal licensing prior.
[Amended 3-22-2022 by Ord. No. 2022-08]
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, or in the case of outdoor chimneas or fireplaces, contained
within the structure's chimney, such as an outdoor fireplace. Bonfires
are allowed only if approved by and in accordance with provisions
established by the Fire Chief.
[Amended 3-22-2022 by Ord. No. 2022-08]
(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, unless specifically authorized
by permit, signage or for organized activities established by the
Parks Department.
[Amended 3-22-2022 by Ord. No. 2022-08]
(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 natural or LP gas. Such gas devices
shall only be used per the manufacturers' listing instructions.
[Amended 3-22-2022 by Ord. No. 2022-08[1]]
[1]
Editor's Note: This ordinance also repealed Subsection B(13),
and (14), regarding Town liability and requiring applications to be
made to Town officials, which immediately followed this subsection.
[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
(as long as no violation of the Building Code is present), if necessary,
to comply with manufacturer’s recommendations and if the smoke
from the lower chimney height does not create a nuisance for neighbors.
[Amended 3-22-2022 by Ord. No. 2022-08]
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.
[Amended 3-22-2022 by Ord. No. 2022-08]
A.
No person shall start or maintain any open burning
without a burning permit issued by the Fire Chief or designee.
[Amended 3-22-2022 by Ord. No. 2022-08]
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 and have it approved by the Fire Chief or designee before starting the fire. The burning permit is good for a period of up to five days unless issued under special circumstance in partnership with Wisconsin DNR. Upon expiration of the burning permit, a new permit must be applied for if additional burning is needed.
[Amended 3-22-2022 by Ord. No. 2022-08]
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.
H.
The Wisconsin DNR's air quality and waste management rules generally
prohibit open burning of all materials by businesses, with some limited
exceptions.
[Added 3-22-2022 by Ord.
No. 2022-08]
(1)
When
limited exceptions are allowed, DNR approval or licensing is typically
required in addition to Town burning permits. As such, Town burning
permits will not be issued to businesses without proof that they have
obtained Wisconsin DNR air permits or waste disposal licensing prior.
(2)
Wisconsin's
recycling laws prohibit businesses and municipalities from burning
yard or landscape waste, rubbish and trash except for waste-to-energy
facilities. In addition, commercial and government entities generally
cannot burn clean wood waste, including brush, unless these entities
have a woodburning facility license and accompanying air permit. The
DNR has limited exceptions for land clearing and wood disposal. In
the case of a burning facility permit being issued by the DNR, a burning
permit or special use approval is additionally required by the Town
of Ledgeview. Commercial entities burning any other material is prohibited
in all cases. DNR regulations can be found in Wisconsin Administrative
Code NR 502 as part of 35.93, Wis. Stats.
I.
Special
allowances are given by DNR and thus by the Town of Ledgeview for
commercial activities allowed under state law. These include:
[Added 3-22-2022 by Ord.
No. 2022-08]
(1)
State
regulations allow brush less than six inches thick and weeds to be
burned as part of agricultural or silvicultural activities only if
the plants or trees are invasive species. Brush less than six inches
thick may only be burned if it is an invasive species.
(2)
Tree
trunks, limbs and stumps may also be burned as part of agricultural
or silvicultural activities using burning methods that are approved
by the DNR's Air Program, typically with permit.
(3)
In
emergency situations, such as natural disasters, brush may be burned
with approval from the DNR's Waste and Material Management Program
and using methods approved by the DNR's Air Program.
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.
[Added 6-21-2022 by Ord.
No. 2022-12]
To properly manage fireworks sales and displays in the Town
of Ledgeview.
Section 167.10, Wis. Stats., and any future amendments thereto
are hereby adopted and incorporated herein by reference insofar as
they are not in conflict with the remainder of this article below.
In the event of any conflict between this article and this statute,
whichever provision is stricter shall apply.
Pursuant to § 167.10(5)(a)1, Wis. Stats., "Fireworks" shall be defined, for the purpose of sales prohibited in § 19-17 below, as including all items under § 167.10(1)(e) through (n), Wis. Stats., excepting only (g) and (h). "Fireworks" shall be defined for the purpose of use regulated in § 19-18 below as defined in the introduction paragraph of § 167.10(1), Wis. Stats., as anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use.
No person, firm or corporation shall sell, offer to sell, possess
with the intent to sell, or give away fireworks within the Town of
Ledgeview without first obtaining a permit for fireworks sale. Exhibiting
fireworks on premises shall be conclusively presumed to represent
an offer to sell and possession with intent to sell. As with sale,
display of fireworks also requires a permit. State law allows the
sale, possession and use, without a permit, of sparklers not exceeding
36 inches in length, stationary cones and fountains, toy snakes, smoke
bombs, caps, noisemakers, confetti poppers with less than 1/4 grain
of explosive mixture, and novelty devices that spin or move on the
ground [§ 167.10(1), Wis. Stats.]. There is no age restriction
on sale, possession or use of these devices, and the statute does
not classify them as fireworks.
A.
As provided in § 167.10(3), Wis. Stats., permits may be
issued for displays at festivals and public or private celebrations,
or for the sale of fireworks, after proper application to the Fire
Chief on forms provided by the Town. Notwithstanding § 167.10(3)(c),
Wis. Stats., a permit may not be issued to an individual. The fee
for a seller's permit shall be as provided in the Town Fee Schedule.
The permit application must be received by the Town Clerk-Treasurer,
Fire Chief, or designee not less than 15 days prior to the requested
date of sale. A display permit for fireworks is available. The display
permit application must be received by the Town Clerk Treasurer, Fire
Chief or designee not less than seven work days prior to the requested
date of display. The fee for a display permit shall be as provided
in the Town Fee Schedule. Display and seller's permits require
proof of insurance with limits noted below. Insurance has to specifically
cover the display of pyrotechnics. All displays shall comply with
NFPA 1123, Code for Fireworks Display. Certain displays used in certain
venues must also comply with NFPA 1126, Standard for the Use of Pyrotechnics
Before a Proximate Audience.
B.
All applications shall be referred to the Fire Chief for investigation,
and no permit shall be granted unless the Fire Chief or designee determines
that the applicant will use the fireworks in a public or private exhibition
and that all reasonable precautions will be exercised with regard
to the protection of the lives and property of all persons and that
the display will be handled by a competent operator and conducted
in a suitable, safe place and manner. Before granting any fireworks
permit, the applicant shall file with the Town Clerk-Treasurer a certificate
of liability insurance issued by an insurance company authorized to
write such policies in the State of Wisconsin in the amount of $1,000,000
for bodily injury to any one person, in the amount of $2,000,000 for
injury to more than one person, and in the amount of $1,000,000 for
damage to property that may arise by reason of use or discharge of
fireworks under the permit. The Town of Ledgeview shall be named as
additional insured in said policy of insurance. The total aggregate
insurance coverage for the Town of Ledgeview shall not be less than
$5,000,000.
C.
A permit under this section shall specify all of the following:
(1)
The name and address of the permit holder.
(2)
The date on and after which fireworks may be purchased.
(3)
The kind and quantity of fireworks which may be purchased.
(4)
The date, time and location of permitted use.
(5)
Other special conditions prescribed by ordinance.
(6)
Such other information as the Town may require from time to time.
(7)
A site plan shall be submitted in the packet indicating the placement
of fireworks and the fallout zone of the largest shells being utilized
as well as a shot list with shell size.
D.
A notice of such permit under this section shall be given to the
municipal fire and law enforcement official at least seven work days
before the date of authorized use.
E.
A permit under this section may not be issued to a person under 18
years of age, and is valid for the date of the display noted on such
permit. Any rain dates, conflict dates shall be discussed and may
be included in the issuance of the permit.
No person may use fireworks or a device listed under § 167.10(1)(e)
to (g) or (i) to (n), Wis. Stats., while attending a fireworks display
for which a permit has been issued to a person listed under § 167.10(3)(c)1
to 5, Wis. Stats., or under § 167.10(3)(c)6, Wis. Stats.,
if the display is open to the general public.
Storage and handling of fireworks shall be pursuant to the provisions
of § 167.10(6), Wis. Stats., and any current or future municipal
ordinance of the Town of Ledgeview.
Pursuant to § 1-16B of the Ledgeview Code.
A.
Fireworks displays shall follow NFPA Code 1123, 1126, or 160 as appropriate
as referenced in NFPA 1 or the current version of NFPA 1 adopted by
the State of WI and incorporated into state administrative code.
B.
Nothing in this article shall impact State of WI, or other federal
or military use of fireworks for legal purposes when managed by such
agencies.
C.
Nothing in this article shall infringe on legal interstate commerce
of fireworks transported by legal DOT carrier.
D.
A permit charge following the municipal fee schedule shall be assessed.
If any section, clause, provision or portion of this article
is adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected thereby.
