[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 4-2-1981 by Ord. No. 81-9. Amendments noted where
applicable.]
A.
Within the exterior boundaries of the Menominee Nation,
it shall be unlawful for any person to set any fire unless such fire
is attended at all times and the person has first obtained a burning
permit on forms supplied by the Wisconsin Department of Natural Resources
from a duly appointed and designated Wisconsin Department of Natural
Resources forest ranger or fire warden, or other person designated
by the Tribal Legislature, except:
[Amended 7-12-1990]
B.
Any person who sets a fire solely for warming the
person or cooking food shall extinguish such fire before leaving it
and upon failure to do so will be in violation of this chapter.
Permits shall be issued under this chapter only
after consideration of the following conditions and a determination
by the authorized permit-issuing agent and the Wisconsin Department
of Natural Resources that the danger to the resources will be minimized
by allowing the permittee to burn if he or she complies with the conditions
of the permit and takes all reasonable precautions to prevent the
escape of the fire, such as: weather, fuels, day of the week, physical
and mental capacity of the permittee, time of day, area to be burned,
and the assistance available.
[Amended 7-12-1990]
Permits issued pursuant to this chapter shall
include but not be limited to restrictions concerning: time of day,
location, minimum required precautionary measures, and the length
of the burning period of the permit.
[Amended 7-12-1990]
This chapter includes the authority for the
Wisconsin Department of Natural Resources, which the Tribe contracts
with for fire protection, to restrict and forbid the setting of any
type of fire or burning within the exterior boundaries of the Menominee
Nation by any person, resident or nonresident, when there is a dangerously
dry season. Setting of a fire or burning in this particular section
will include but will not be limited to the burning of trash or garbage,
burning of leaves, campfires, charcoal grill fires, outside cooking
units, etc. The only exception to this particular section will be
those homes where a stove or appliance is located inside the home
which is needed in the preparation of food or for heat. The Menominee
Tribal Legislature will be notified when this restriction goes into
effect and proper notice will be given to the public by the following
notification:
[Added 7-12-1990]
Any person who would start, kindle or otherwise
encourage a forest fire through careless use of smoking materials,
fireworks, motorized equipment, flammable substances, or any other
material or item of equipment shall be in violation of this section.
Any person whose motorbike, motorcycle, automobile, van, truck, all-terrain
vehicle or other vehicle is the cause of a fire shall be in violation
of this section. The term "forest fire" as used in this chapter means
uncontrolled, wild, or running fires occurring on forest, marsh, field,
cutover or other lands or involving farm, tribal or village property
and improvements incidental to the uncontrolled, wild or running fires
occurring on forest, marsh, field, cutover or other lands within the
exterior boundaries of the Menominee Indian Reservation.
Any person found guilty of violating this chapter
shall forfeit a minimum amount of not less than $25 nor in excess
of $500 for the first violation, not less than $75 nor in excess of
$500 for the second violation, not less than $225 nor in excess of
$500 for the third violation, and $500 for each additional violation
beyond three violations, plus, for each violation, suppression costs
determined by the Wisconsin Department of Natural Resources.
