City of Monroe, WI
Green County
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Table of Contents
Table of Contents

§ 7-5-1 Purpose.

[3-3-2009; 2-17-2016; 2016 Code]
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 city due to the air pollution and fire hazards associated with open burning, outdoor burning and refuse burning.

§ 7-5-2 Applicability.

[3-3-2009; 2-17-2016; 2016 Code]
This chapter does not apply to the following:
(A) 
Outdoor grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances upon any lot on which the principal structure is a one or two family dwelling.
(B) 
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.
(C) 
The use of propane, acetylene, natural gas, gasoline or kerosene in a device that is intended for heating, construction or maintenance activities.

§ 7-5-3 Severability.

[3-3-2009; 2-17-2016; 2016 Code]
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.

§ 7-5-4 Definitions.

[3-3-2009; 2-17-2016; 2016 Code]
In this chapter:
CAMPFIRE
Means a small outdoor fire intended for recreation or cooking, not including a fire intended for disposal of Refuse.
CHIMNEY
Means a flue that carries off exhaust from an outdoor wood fired furnace firebox or burn chamber.
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.
CONFIDENTIAL PAPERS
Means printed material containing personal identification or financial information that the owner wishes to destroy.
DNR
Means the Wisconsin Department of Natural Resources.
EPA OWHH PHASE 1 PROGRAM
Means an EPA OWHH (outdoor wood-fired hydronic heater program) phase 1 program administered by the United States environmental protection agency.
EPA OWHH PHASE 1 PROGRAM QUALIFIED
Means an outdoor wood-fired hydronic heater that has been EPA OWHH phase 1 program qualified, the model has met the EPA OWHH phase 1
FIRE CHIEF
Means the chief of the Monroe fire department, or such other person as he or she shall designate.
MODEL
Means emission level and has the proper qualifying label and hangtag.
NEW OUTDOOR WOOD FIRED FURNACE
Means an outdoor wood-fired furnace that is first installed, established or constructed after the effective date of this chapter.
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.
OUTDOOR BURNING
Means open burning or burning in an outdoor wood-fired furnace.
OUTDOOR GRILLING
Means use of a natural gas, LP gas, charcoal or hibachi grill or other similar device for cooking where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney.
OUTDOOR WOOD-FIRED FURNACE
Means any equipment, device, application or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood-fired furnace may also be referred to as an outdoor wood boiler or outdoor wood-fired hydronic heater.
REFUSE
Means any waste material, except clean wood, 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.

§ 7-5-5 General prohibition on open burning, outdoor burning and refuse burning.

[3-3-2009; 2-17-2016; 2016 Code]
Except as expressly authorized by this chapter, outdoor burning is prohibited within the city.

§ 7-5-6 Materials that may not be burned except with permit.

[3-3-2009; 2-17-2016; 2016 Code]
(A) 
The following materials may not be burned in an open fire, incinerator, outdoor wood-fired furnace, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device without a permit issued by the city authorizing such burning:
(1) 
Refuse, except used oil burned in a heating device for energy recovery, subject to the restrictions in Chapter NR 590, Wisconsin administrative code.
(2) 
Asphalt and products containing asphalt.
(3) 
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.
(4) 
Any plastic material including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(5) 
Rubber including tires and synthetic rubber-like products.
(6) 
Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled under chapter 3 of title 8 of this code.
(B) 
No permit may be issued under this section unless the person requesting such permit produces written approval thereof by the fire chief, and only such burning as has been authorized in such written approval shall be authorized by such permit.

§ 7-5-7 Open burning of leaves, brush, clean wood and other vegetative debris.

[3-3-2009; 2-17-2016; 2016 Code]
Except as expressly allowed in this section, Open Burning of leaves, weeds, brush, stumps, clean wood, trees and other vegetative debris is prohibited.
(A) 
Except for barbecue, gas and charcoal grills, no open burning shall be undertaken during periods when the fire chief has issued a burning ban applicable to the area.
(B) 
Campfires and small outdoor bonfires for cooking, ceremonies or recreation are allowed, if the fire is confined by an Underwriters Laboratories, Inc. approved control device. Bonfires are allowed only if approved by, or under guidelines of, the fire chief.
(C) 
Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance of a right-of-way is allowed if approved by the fire chief and if such burning complies with all other requirements of this chapter.
(D) 
In emergency situations, such as natural disasters, burning that would otherwise be prohibited is allowed if specifically approved by the fire chief.
(E) 
Open burning under this section shall be conducted only pursuant to a permit issued under this chapter.
(F) 
Open burning under this section shall only be conducted at a location that is at least 50 feet from the nearest building which is not on the same property.
(G) 
Except for campfires and permitted bonfires, open burning shall only be conducted during daylight hours.
(H) 
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.
(I) 
No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or other body of water.
(J) 
Except for outdoor grilling, no burning shall be undertaken within 20 feet from any combustible material, combustible wall or partition, or exterior building wall penetration, including, without limitation, windows, doors and heating and cooling ducts, unless authorized by the fire chief.
(K) 
Outdoor grilling shall not be undertaken on any balcony, under any overhanging portion of a structure, or within 10 feet of a structure.
(L) 
No open burning may be conducted on days when the DNR has declared an ozone action day applicable to the city.

§ 7-5-8 Outdoor wood-fired furnaces.

[3-3-2009; 2-17-2016; 2016 Code]
An outdoor wood-fired furnace may not be installed and used in the city except as provided by this section:
(A) 
No person shall construct, install, establish, operate or maintain an outdoor wood-fired furnace in a way other than in compliance with the applicable sections of this chapter.
(B) 
No person shall operate an outdoor wood-fired furnace unless such operation conforms to the manufacturer's instructions regarding such operation and the requirements of this chapter.
(C) 
Each new outdoor wood-fired furnace shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this chapter. In the event of a conflict between the requirements of this chapter and the manufacturer's instructions, the stricter requirement shall apply.
(D) 
The owner of a new outdoor wood-fired furnace shall produce the manufacturer's owner's manual or installation instructions to the fire chief or his or her designee to review before installation.
(E) 
Each new outdoor wood-fired furnace shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards.
(F) 
An outdoor wood-fired furnace shall not be located closer than 50 feet from the nearest building which is not on the same property as the outdoor wood-fired furnace.
(G) 
Each outdoor wood-fired furnace shall have a chimney that extends at least 15 feet above the ground surface. If there are any residences within 100 feet of the outdoor wood-fired furnace, the chimney shall also extend at least as high above the ground surface as the height of the roofs of all such residences. The building inspector 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.
(H) 
If an outdoor wood-fired furnace creates a nuisance, then the owner of such outdoor wood-fired furnace shall abate such nuisance by:
(1) 
Relocating the outdoor wood-fired furnace;
(2) 
Extending the chimney;
(3) 
Both relocating the outdoor wood-fired furnace and extending its chimney; or
(4) 
Ceasing all operations of the outdoor wood-fired furnace until reasonable steps can be taken to ensure that the outdoor wood-fired furnace will not be a nuisance.
(I) 
Outdoor wood-fired furnaces shall be constructed, established, installed, operated and maintained as follows:
(1) 
Fuel burned in an outdoor wood-fired furnace shall be only clean wood, wood pellets, corn products, biomass pellets or other fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas or propane backup.
(2) 
Use of the following fuels in an outdoor wood-fired furnace is prohibited:
A) 
Rubbish or garbage including, but not limited to, food wastes, food packaging and food wraps.
B) 
Plastic materials including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
C) 
Rubber, including tires or other synthetic rubber-like products.
D) 
Newspaper, cardboard, or any paper with ink or dye products.
E) 
Any other items not specifically allowed by this chapter.
(3) 
New outdoor wood-fired furnaces, other than EPA OWHH phase 1 program qualified models, shall be located on the property as follows:
A) 
At least 25 feet from the property line.
B) 
In compliance with the manufacturer's recommendations and or requirements for clearance to combustible materials.
C) 
At least 50 feet from any residence that is not served by the outdoor wood-fired furnace.

§ 7-5-9 Fire department practice burns.

[3-3-2009; 2-17-2016; 2016 Code]
Notwithstanding contrary provisions of this chapter, the Monroe fire department is hereby authorized to burn a standing building if necessary for firefighting practice and if the practice burn complies with state regulations applicable to such practice burn.

§ 7-5-10 Exemption for burning certain papers.

[3-3-2009; 2-17-2016; 2016 Code]
Notwithstanding any contrary provision of this chapter, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this chapter.

§ 7-5-11 Burning permits.

[3-3-2009; 2-17-2016; 2016 Code]
Except as expressly allowed in this section, no person shall start or maintain any open burning without a burning permit issued by the fire chief.
(A) 
An outdoor campfire does not require a permit, if the fire complies with all applicable provisions of this chapter.
(B) 
Any person responsible for burning leaves, brush, clean wood or other vegetative debris shall obtain a burning permit before starting the fire.
(C) 
When weather conditions warrant, the fire chief may declare a burning moratorium on all open burning and suspend previously issued burning permits for open burning.
(D) 
A burning permit issued under this section shall require compliance with all applicable provisions of this chapter and any additional special restrictions considered necessary to protect public health and safety.
(E) 
Any violation of the conditions of a burning permit shall be considered a violation of this chapter. Any violation of this chapter or the burning permit shall void the permit.

§ 7-5-12 Liability.

[3-3-2009; 2-17-2016; 2016 Code]
A person who ignites open burning, or maintains or intentionally allows open burning to continue, under circumstances where such person could extinguish open burning, shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.

§ 7-5-13 Right of entry and inspection.

[3-3-2009; 2-17-2016; 2016 Code]
The fire chief or any authorized officer, agent, employee or representative of the city, may inspect any property to enforce, or determine compliance with, the provisions of this chapter.

§ 7-5-14 Enforcement and penalties.

[3-3-2009; 2-17-2016; 2016 Code]
(A) 
Enforcement. The fire chief, building inspector and any sworn police officer are authorized to enforce this chapter.
(B) 
Penalties.
(1) 
A person who violates any provision of this chapter shall be subject to a Class 4 forfeiture for the first violation.
(2) 
A person who violates any provision of this chapter shall be subject to a Class 3 forfeiture upon conviction for the second violation of this chapter within a 12 month period.
(3) 
A person who violates any provision of this chapter shall be subject to a Class 2 forfeiture upon conviction for the third or subsequent violation of this chapter within a 12 month period.
(4) 
In addition to payment of the forfeiture, a person who violates any provision of this chapter shall pay to the city the reasonable cost incurred by the city for prosecution of such violation.