[HISTORY: Adopted by the Village Board of the Village of Athens 11-22-2004 as §§ 5-2-2, 5-2-4 to 5-2-11, 5-2-13, 5-2-14 and 5-3-1 of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 54.
Explosives and blasting — See Ch. 228.
Fireworks — See Ch. 240.
Hazardous materials — See Ch. 253.
Nuisances — See Ch. 320.
Property maintenance — See Ch. 344.
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Athens Area Fire Commission ("Fire Department") along the streets or alleys of such Village at the time of a fire or when the Fire Department of the Village is using such streets or alleys in response to a fire alarm or for practice.
A. 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Athens Area Fire Commission ("Fire Department"), and no vehicle shall be driven over any unprotected hose of the Athens Area Fire Commission when laid down on any street, private driveway or other place, to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.
B. 
Parking vehicles near hydrants. It shall be unlawful for any person to park any vehicle or leave any object within 10 feet of any fire hydrant at any time.
C. 
No parking near fire. It shall be unlawful for any person, in case of fire, to drive or park any vehicle within one block from the place of fire without the consent and authority of the Fire Chief or any police officer.
A. 
Entering adjacent property. It shall be lawful for any firefighter while acting under the direction of the Fire Chief or any other officer in command to enter upon the premises adjacent to or in the vicinity of a building or other property then on fire for the purpose of extinguishing such fire, and in case any person shall hinder, resist or obstruct any firefighter in the discharge of his/her duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting firefighters in the discharge of their duty.
B. 
Destruction of property to prevent the spread of fire. During the progress of any fire, the Fire Chief or his/her assistant shall have the power to order the removal or destruction of any property necessary to prevent the further spread of fire, provided that it is inevitable that, unless such property is removed, other property is in danger of being destroyed by fire.
Every person who shall be present at a fire shall be subject to the orders of the Fire Chief or officer in command and may be required to render assistance in fighting the fire or in removing or guarding property. Such officer shall have the power to cause the arrest of any person or persons refusing to obey said orders.
Whenever there shall be a fire or fire alarm or the Athens Area Fire Commission shall be out for practice, every person driving or riding in a motorized or other vehicle shall move and remain to the side of the street until the fire engine and fire truck and other fire apparatus shall have passed.
No person shall occupy any portion of such streets or alleys with a motorized or other vehicle between such fire engine or fire truck or other fire apparatus and any hydrant to which a fire hose may be, or may be about to be, attached.
A. 
Open burning prohibited. No person, firm or corporation shall build any outdoor fire within the corporate limits of the Village of Athens except as set forth below in this section. This prohibition on burning includes burning of construction waste and debris at construction sites and the use of burning barrels.
B. 
Exceptions.
(1) 
Outdoor cooking over a fire contained in a device or structure designed for such use is permissible.
(2) 
Recreational burning pits not exceeding 36 inches in diameter and not located less than 20 feet from any lot line or structure are permissible (the burning of clean wood only is permitted and the use of burning pits to burn refuse is prohibited).
(3) 
Controlled burning of grass or similar vegetation for environmental management purposes, with the prior written approval of the Fire Chief or his/her designee, may be permitted; this exception is not to be used for the burning of grass, leaves or other lawn debris.
(4) 
Ceremonial campfire or bonfires, with prior written approval of the Fire Chief or his/her designee, may be permitted.
(5) 
Other occasions of desirable outdoor burning not specified by this subsection, but not as an alternative to refuse removal or disposal for which other methods are available, may be granted single occasion approval as in Subsection B(3) and (4) above.
(6) 
Open burning when a permit is issued is permissible.
C. 
Application for permit.
(1) 
Procedure for issuance of burning permit. Before the setting or starting of any open burning permitted under this section, a permit authorizing the burn shall be first obtained by the owner, operator, or agent from the Fire Chief or from such other person as may be authorized or designated by the Fire Chief to issue such permits; permits are not required for types of open burning allowed under Subsection B(1) and (2) above. Application for a burning permit shall be made in writing upon a form furnished by the Fire Chief. The Fire Chief may also establish from time to time special rules or restrictions relating to open burning by permit. Such rules may govern conditions including, but not necessarily limited to, the following:
(a) 
Hours when burning is allowed.
(b) 
Day(s) when burning is allowed.
(c) 
Material which may or may not be burned.
(d) 
Whether open burning is allowed or whether burning is only allowed with an approved incinerator or burning device.
(e) 
The length of time the permit is valid.
(f) 
What constitutes an approved burning device or incinerator.
(g) 
The size of the material pile burned by open burning.
(h) 
The distance or distances to be maintained between the material being burned and other flammable material.
(i) 
Supervision required for burning, including minimum age of supervisors and type of fire-extinguishing equipment which must be present at the burn site.
(j) 
The manner in which ashes created by the burning under the permit are to be disposed of.
(2) 
Issuance of permit. If the Fire Chief, or other person authorized or designated by the Fire Chief to issue such permits, finds that the proposed burning complies with all Village ordinances and the regulations contained in Ch. SPS 314, Wis. Adm. Code, he/she shall approve the application, and a burning permit shall subsequently be issued to the applicant. A copy of any burning permit, and the application therefor, shall be kept on file with the Fire Chief. No burning permit issued shall be valid for more than 30 days from the date when issued.
D. 
Open burning regulations. The following regulations shall be applicable for open burning:
(1) 
All open burning shall be performed in a safe, pollution-free manner, when wind and weather conditions are such as to minimize adverse affects, and in conformance with local and state fire protection regulations. Open burning shall not be used to covertly burn plastic, construction debris or other prohibited materials.
(2) 
Startup shall be accomplished by using kindling materials rather than waste oil, tires or other rubber materials.
(3) 
The size of the pile of material to be burned shall not exceed four feet in any direction measured horizontally, or three feet measured vertically.
(4) 
The pile of material being burned shall be at least 50 feet away from any structure, wood or lumber pile, wooden fence, trees, or bushes. Provisions shall be made to prevent the fire from spreading to within 50 feet of such items or the fire shall otherwise be contained in an approved incinerator or burner device which is located at least 15 feet from any structure, wood or lumber pile, wooden fence, trees, or bush(es).
(5) 
Any ashes created by burning such material as is lawful under this section are to be disposed of in a manner authorized by law.
(6) 
Open burning shall be constantly attended and supervised by a competent person of at least 16 years of age until such fire is extinguished. This person shall have readily available for use such fire-extinguishing equipment as may be necessary for the total control of the fire while burning and/or extinguishing such fire.
(7) 
No materials may be burned upon any street, curb, gutter, sidewalk, or drainage ditch.
(8) 
Permits shall not be issued for burning barrels.
(9) 
Open burning conducted without a permit, when required, or in violation of this section may be extinguished by the Fire or Police Department.
Patio fireplaces are permitted in the Village of Athens as long as they are commercially purchased units that enclose the entire fire area within the patio fireplace. Homemade units must meet the approval of the Fire Chief. The chimney area and viewable area of the patio fireplace must be screened with a spark reduction device at all times the patio fireplace is in operation. The patio fireplace shall only burn a readily combustible fuel source that consists of wood, charcoal, or manufactured fireplace logs. The burning of trash, leaves, wood with a chemical treatment (railroad tie, fence post, power pole, etc.), or other materials that tend to create a noxious or annoying smoke discharge is not allowed. Upon the complaint of two or more persons and verification by the Police or Fire Department that the patio fireplace is causing annoyance, the person responsible for the patio fireplace shall immediately discontinue the use of the device.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Declarations of emergency. When there occurs a lack of precipitation, there may exist an extreme danger of fire within the Village of Athens. This extreme danger of fire affects the health, safety, and general welfare of the residents of the Village of Athens and constitutes a state of emergency. It is hereby found that the regulation of fires, burning materials, and fireworks is necessary and expedient for the health, safety, welfare and good order of the Village of Athens during said emergency.
B. 
Regulation of fires, burning materials and fireworks. When a burning state of emergency is declared, it may be ordered that a person may not:
(1) 
Set, build, or maintain any open fire, except:
(a) 
Charcoal grills using charcoal briquettes, gas grills, or camp stoves on private property; or
(b) 
Charcoal grills using charcoal briquettes, gas grills, or camp stoves in Village parks placed at least 20 feet away from any combustible vegetation.
(2) 
Throw, discard or drop matches, cigarettes, cigars, ashes, charcoal briquettes or other burning materials while outdoors except into a noncombustible container that does not contain combustible materials.
(3) 
Light or ignite a flare, except upon a roadway in an emergency.
(4) 
Light, ignite, or use anything manufactured, processed, or packaged solely for the purpose of exploding, emitting sparks or combustion for amusement purposes, including fireworks, firecrackers, bottle rockets, caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains that emit sparks and smoke, except in displays authorized by the Village where adequate fire prevention measures have been taken.
C. 
Period of emergency.
(1) 
The periods of emergency for which this section shall be in effect shall be during such periods that Marathon County, Wisconsin, is under Wisconsin Department of Natural Resources emergency fire regulations banning outdoor smoking and campfires, or when necessary as determined by the Village President, upon the recommendation of the Fire Chief.
(2) 
Burning emergencies shall become effective upon the time and date of the Village President declaring a state of emergency and shall remain in effect until the period of emergency ceases to exist or until the ratification, alteration, modification, or repeal of the burning state of emergency by the Village Board.
The Athens Area Fire Commission shall charge the property owner or vehicle owner a fee prescribed in the Village Fee Schedule for each fire call.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Definitions. The following definitions shall be applicable herein:
PERSON
An individual, partnership, corporation, company or other association.
PUBLIC NUISANCE
Any act or failure to perform a legal duty required by this section is declared a public nuisance.
SOLID-FUEL-FIRED HEATING DEVICE
A device designed for solid fuel combustion so that usable heat is derived for the interior of the building, and includes solid-fuel-fired cooking stoves and combination fuel furnaces or boilers which burn solid fuel, including outdoor wood-burning units.
STACK or CHIMNEY
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid-fuel-fired heating device, especially that part of such structure extending above a roof.
B. 
Registration. The Village of Athens shall require registration with the Village Clerk of any solid-fuel-fired heating device installed after the effective date of this section. Registration must be made 14 days after the date of installation.
C. 
Other requirements.
(1) 
All wood-burning units installed within the Village of Athens are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted by reference together with any amendments or modifications made thereto in the future.
(2) 
All outdoor wood-burning units or solid-fuel-fired heating devices are subject to public nuisance consideration as described in this section.
(3) 
Any dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities, may be declared a public nuisance by the Village Board.
(4) 
Any indoor or outdoor solid-fuel-fired heating device shall have a minimum stack height of 20 feet from ground level.
(5) 
Any existing noncomplying stack shall be removed or replaced within a period of six months from the effective date of this section.
(6) 
All stacks or chimneys must be so constructed to withstand high winds or other related elements.
(7) 
Buildings with less than 25 feet of open space between units shall have a minimum stack height of three feet above the adjoining property's highest roof elevation.
The following orders, rules and regulations of the Wisconsin Department of Agriculture, Trade and Consumer Protection and the Wisconsin Department of Safety and Professional Services, all of which are set forth in the Wisconsin Administrative Code as from time to amended, are incorporated herein by reference and adopted as part of this chapter:
A. 
Chapter ATCP 93, Flammable, Combustible and Hazardous Liquids.
B. 
Chapter SPS 307, Explosives and Fireworks.
C. 
Chapter SPS 314, Fire Prevention.
D. 
Chapters SPS 320 to SPS 325, Uniform Dwelling Code.
E. 
Chapter SPS 328, Smoke Detectors and Carbon Monoxide Detectors.
F. 
Chapter SPS 330, Fire Department Safety and Health Standards.
G. 
Chapter SPS 332, Public Employee Safety and Health.
H. 
Chapter SPS 340, Gas Systems.
I. 
Chapter SPS 343, Anhydrous Ammonia.
J. 
Chapter SPS 361 to SPS 366, Commercial Building Code.
K. 
Chapters SPS 375 to SPS 379, Buildings Constructed Prior to 1914.
L. 
Wisconsin Electrical Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).