Ordinance 999A

REGULATING OUTDOOR BURNING,

OPEN BURNING AND THE BURNING OF REFUSE

    THE CITY COUNCIL OF THE CITY OF LAKE MILLS, JEFFERSON COUNTY, WISCONSIN, DOES HEREBY ORDAIN AS FOLLOWS:

    Section 1.  Chapter 4 of Title 5 of the Lake Mills Municipal Code is hereby created as follows:

Chapter 4

OUTDOOR BURNING, OPEN BURNING AND THE BURNING OF REFUSE

Sections:

5-4-1:        Purpose

5-4-2:        Applicability

5-4-3:        Definitions

5-4-4:        General Prohibition

5-4-5:        Materials Not To Be Burned

5-4-6:        Burning Leaves, Brush and Other Vegetative Debris

5-4-7:        Burn Barrels

5-4-8:        Outdoor Wood-Fired Furnaces

5-4-9:        Fire Department Practice Burns

5-4-10:        Bonfires

5-4-11:        Burning Permits

5-4-12:        Liability

5-4-13:        Right of Entry and Inspection

5-4-14:        Enforcement and Penalties

5-4-1:        PURPOSE:  This ordinance 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 City of Lake Mills due to the air pollution and fire hazards of open burning, outdoor burning and refuse burning.

5-4-2:    APPLICABILITY:  This ordinance applies to all outdoor burning and refuse burning within the City, except the following.

A.    This ordinance does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

B.    This ordinance does not apply to 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 Section 5-4-3 of this ordinance.

C.    This ordinance does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

5-4-3:        DEFINITIONS:

A    Bonfire means a large outdoor fire intended for recreation that is larger than four feet across at any point, but does not include afire intended for the disposal of waste wood, yard waste or refuse.    

B.    "Campfire" means a small outdoor fire that is no more than four feet across at any point.  In addition, a campfire is intended for cooking or recreation, and it is contained within a fire ring, fireplace, pit or other containment device, but it is not a fire intended for the disposal of waste wood, yard waste or refuse.

C.    "Clean Wood" means 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.

D.      Confidential papers means printed material containing personal identification or financial information that the owner wishes to destroy.   

E.      "Fire Chief" means the Chief of the Lake Mills Fire Department, or other person authorized by the Fire Chief.

F.    "Outdoor Burning" means open burning or burning in an outdoor wood-fired furnace.

G.    "Open Burning" means 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. 

H.    "Outdoor Wood-fired Furnace" means a wood-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.

I.    "Refuse" means any waste material except clean wood.

5-4-4:        GENERAL PROHIBITION ON OPEN BURNING, OUTDOOR BURNING AND  REFUSE BURNING:  Open burning, outdoor burning and refuse burning are  prohibited in the City of Lake Mills unless the burning is specifically permitted by this ordinance.

5-4-5:        MATERIALS NOT TO BE BURNED:   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, burn barrel, furnace, stove 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 Chapter NR 590, Wisconsin Administrative 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 rubber-like products.

G.    Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with the recycling regulations in Title 4 of the Lake Mills Municipal Code. 

5-4-6:        OPEN BURNING OF LEAVES, BRUSH, AND OTHER VEGETATIVE DEBRIS: Open burning of leaves, weeds, brush, stumps, clean wood, trees and other vegetative debris is prohibited, except the following.

A.    Open burning of weeds or brush on agricultural lands is allowed if conducted in accordance with other applicable provisions of this ordinance and in accordance with a permit issued by the Fire Chief under Section 5-4-11.

B.    Fires set for forest, prairie or wildlife habitat management are allowed if a permit has been issued by the Fire Chief under Section 5-4-11.

C.    Outdoor campfires for cooking, ceremonies or recreation are allowed without a permit, provided:

    1.    The fire is confined by a control device or structure such as a fire ring, fireplace, grill, or fire pit: and

    2.    The fire is no larger than four feet across at any one point; and

    3.    The fire is under the supervision of an adult at all times; and 

    4.    No materials listed under section 5-4-5 are burned.

D.    Bonfires for ceremonies or recreation are allowed only if approved by a permit issued by the Fire Chief under section 5-4-11, and only if the bonfire complies with provisions of section 5-4-10 and any conditions established by the permit.

E.    In emergency situations such as natural disasters, burning that would otherwise be prohibited is allowed if specifically approved by the Department of Natural Resources.

5-4-7:    BURN BARRELS:  No person shall use or maintain a burn barrel in the City of Lake Mills.

5-4-8:        OUTDOOR WOOD-FIRED FURNACES:  An outdoor wood-fired furnace may be installed and used in the City of Lake Mills only in accordance with the following provisions:

A.    The outdoor wood-fired furnace shall be installed and used only in an area zoned for agricultural use or rural development.

B.    No prohibited materials listed in Section 5-4-5 may be burned in any outdoor wood-fired furnace. 

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.   If there are any residences within 500 feet, the chimney shall also extend at least as high above the ground surface as the height of the roofs of all such residences.  The Fire Chief may approve a lesser height 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 an annual permit from the Fire Chief in accordance with Section 5-4-11 of this ordinance if the furnace is located within 1000 feet of a residence that is not located on the same property where the furnace is located. 

5-4-9:        FIRE DEPARTMENT PRACTICE BURNS:  Except as provided in this section for fire department practice burns, an existing unwanted building in the City of Lake Mills may not be burned.   A building, which is no longer standing, may not be used for a practice burn.

A.    An existing building may be burned only by the Lake Mills Fire Department and only if the Fire Chief determines that the burning is necessary for practice and instruction of fire fighters or fire fighting equipment.

B.    Asphalt shingles and asphalt or plastic siding shall be removed prior to the practice burn unless the Fire Chief determines that they are necessary for the fire practice.

C.    A demolition notification shall be submitted to the Department of Natural Resources and all asbestos removed prior to the practice burn. 

D.    All ash shall be disposed of in an approved landfill or at an alternative location approved by the Department of Natural Resources.

E.    The Fire Chief or designee shall notify residents within 1000 feet of the site of the proposed burn at least 48 hours before a planned practice burn.

5-4-10:        BONFIRES:

A.    No bonfire, which is defined in section 5-4-3, may be started or maintained in the City of Lake Mills without first obtaining a permit under section 5-4-11 and without complying with the requirements in this section and any other applicable requirements in this chapter.

B.    The allowable quantity of material to be burned shall be determined by the Fire Chief and shall be based on the     fire safety considerations of the situation and the desired duration of the burn.

C.    Fuel for bonfires shall consist of dry material only and shall not be ignited with flammable or combustible liquids.

D.    In addition to section 5-4-5, the materials for bonfires may not include combustible refuse, flammable or combustible liquids, or any material made of or coated with rubber, plastic, leather or petroleum based materials.

5-4-11:        BURNING PERMITS: 

A.    No person may start or maintain any open burning without a burning permit issued by the Fire Chief of the Lake Mills Fire Department, unless it is excepted under section 5-4-6. 

B.    An outdoor campfire does not require a permit provided that the fire complies with all other applicable provisions of this ordinance.  Bonfires do require a one-time permit.

C.    Any burning permits issued by the Fire Chief may be subject to cancellation by the Chief because of changed conditions from those described in the permit application, or because the fire is not being maintained in a manner that the Chief believes is in compliance with the terms of the permit.

D.    Any one-time burning permit shall require an advance notification to the Fire Department prior to commencing the burning.

E.    The owner or occupant of the property shall obtain an annual burning permit for each outdoor wood-fired furnace before using the outdoor wood-fired furnace.  An annual permit expires on August 31 of each year. 

F.    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.

G.    A burning permit issued under this section shall require compliance with all applicable provisions of this ordinance and any additional special restrictions deemed necessary to protect public health and safety.

H.    Any violation of the conditions of a burning permit shall be deemed a violation of this ordinance. Any violation of this Chapter or any violations of the burning permit shall void the permit.

5-4-12:    LIABILITY:  Any person utilizing or maintaining an outdoor fire, with or without a permit, shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.  

5-4-13:        RIGHT OF ENTRY AND INSPECTION:  The Fire Chief, or any authorized officer, agent, employee or representative of the Lake Mills Fire Department who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance.   If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained under Chapter 66 of the Wisconsin Statutes. 

5-4-14:        ENFORCEMENT AND PENALTIES:

A.    The Lake Mills Police Department is authorized to enforce the provisions of this ordinance.

B.    The penalty for violation of any portion of this ordinance shall be a forfeiture of one hundred dollars, plus the cost of prosecution.  Penalties are doubled for second and subsequent offenses.

    Section 2.  This ordinance is sponsored by Council President Ed Grunden and Council Representative Joe Van Tassel.

    Section 3.  All ordinances or parts of ordinances inconsistent with or contravening the provisions of this ordinance are hereby repealed.

    Section 4.  The ordinance shall be in full force and effect upon passage and publication.

Dated this ________ day of ________________ , 2006.

                        ________________________________________

                        Ed Grunden, City Council President

Attest:

________________________________

James E. Heilman, City Clerk-Treasurer