[HISTORY: Adopted by the Town Board of the
Town of Winneconne 12-21-2000 (§ 9.04 of the 1994 Code). Amendments noted where
applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 165.
As used in this chapter, the following terms
shall have the meanings indicated:
An open pit with a minimum size of nine square feet with
a surface that does not contain any yard waste.
Discarded materials resulting from the handling, processing,
preparation, storage, cooking and consumption of food, and discarded
animal feces.
Burning from which the products of combustion are emitted
directly into the air without passing through a stack or chimney.
All matters produced from industrial or community life subject
to decomposition.
Garbage, refuse, recyclable materials and all other discarded
or salvageable solid materials, including solid waste materials resulting
from industrial, commercial, and agricultural operations and from
domestic use and public service activities.
Leaves, grass clippings, yard and garden debris and brush,
including clean woody vegetative material no greater than three inches
in diameter.
Except as provided in § 129-3 below, no person shall engage in the open burning of any garbage, solid waste, or other refuse of any kind on any public property or private property located within the Town of Winneconne.
Section 129-2 shall not apply to the following:
A.
Leaf burning and yard waste. Dry leaves and yard waste,
provided that the fire and smoke resulting therefrom are supervised
by an adult and that the fire is within view of the adult at all times.
No wet leaves or wet, fresh cut grass may be burned. The first time
a person is informed by Town authorities that he is engaged in the
open burning of wet leaves or wet, fresh cut grass, the person shall
be advised as to the provisions of this chapter and will be requested
to extinguish the fire. Any violation of this chapter occurring thereafter
on the same property shall result in a penalty being imposed as herein
provided.
[Amended 8-19-2010]
B.
Food preparation. The open burning of fuel for cooking
food, such as a barbecue or other similar outdoor activity, if confined
to a proper cooking device, such as a grill or open pit, and if the
flame of such fire does not exceed four feet in height.
C.
Campfire. The open burning of branches and sticks
for a campfire, provided that such burning takes place in a designated
area and the flame of such fire does not exceed four feet in height.
[Amended 4-21-2005]
The Town Board shall have the authority to issue special burning permits, subject to the approval of the Fire Chief of the Winneconne Poygan Fire District, allowing open burning in circumstances not listed in § 129-3 of this chapter as deemed appropriate.
Under no circumstances shall there be burning
of any materials on any public roadway.
[Amended 4-21-2005]
The Fire Chief of the Winneconne Poygan Fire
District shall have the authority to ban all open burning, except
open burning used in food preparation, when weather conditions are
such that open burning would threaten life and/or property. Notice
of a ban on all open burning shall be posted at the Town Hall and
published in the official Town newspaper.
Any person, firm, or corporation violating the provisions of this chapter shall, upon conviction thereof, be subject to the penalty provisions of Chapter 1, § 1-4 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. The imposition of a penalty under this chapter shall not prohibit the Town from maintaining a separate action against the violator to secure monetary damage for any damage caused by the burning.
