[HISTORY: Adopted by the Town Board of the Town of Fulton 11-9-2011. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 230.
This article 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 Town of Fulton, Rock County,
Wisconsin due to the air pollution and fire hazards of open burning,
outdoor burning and refuse burning.
This article applies to all outdoor burning and refuse burning
within the Town of Fulton except as to the following:
A.
Grilling or cooking using charcoal, wood, propane or natural gas
in cooking or grilling appliances;
B.
Burning in a stove, furnace or fireplace or other heating device within a building used for human habitation or animal habitation unless the material being burned includes refuse as defined in § 231-4;
C.
The use of propane, acetylene, natural gas, gasoline or kerosene
in a device intended for heating, construction or maintenance activities.
Should any portion of this article be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this article shall not be affected.
A small outdoor fire intended for recreation or cooking,
not including a fire intended for disposal of waste wood or refuse.
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.
Printed material containing personal identification or financial
information that the owner wishes to destroy.
The Chief of the Edgerton Fire Protection District or other
person authorized by the Fire Chief.
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 from an enclosed chimney.
A wood-fired furnace, stove or boiler that Is not located
within a building intended for habitation by humans or domestic animals.
Any waste material except clean wood.
Open burning, outdoor burning and refuse burning are prohibited
in the Town of Fulton unless the burning is specifically permitted
by this article.
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. The Edgerton
Fire Protection District will not issue a permit for burning any of
the following materials without air pollution control devices and
a written copy of an approval by the Department of Natural Resources:
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 Ch. NR 679,
Wis. Adm. 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, films and containers.
F.
Rubber, including tires and synthetic rubber-like products.
Open burning of leaves, weeds, brush, stumps, clean wood and
other vegetative debris is allowed only in accordance with the following
provisions:
A.
All allowed open burning shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions are such as to minimize adverse
effects and not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in accordance
with all local and state fire protection regulations.
B.
Except for barbecue, gas and charcoal grills, no open burning shall
be undertaken during periods when either the Fire Chief or the Wisconsin
Department of Natural Resources has issued a burning ban applicable
to the area.
C.
Open burning shall be conducted only on the property on which the
materials were generated or at a facility approved by and in accordance
with provisions established by the Department of Natural Resources
and the Fire Chief.
D.
Unless explicitly allowed elsewhere in this chapter, a commercial
enterprise other than an agricultural or silvicultural operation may
open burn only at a facility approved by and in accordance with provisions
established by the Department of Natural Resources and the Fire Chief.
E.
Open burning of weeds or brush on agricultural lands is allowed if
conducted in accordance with other applicable provisions of this article.
F.
Fires set for forest or wildlife habitat management are allowed with
the approval of the Department of Natural Resources.
G.
Outdoor campfires and small bonfires for cooking, ceremonies or recreation
are allowed, provided that the fire is confined by a control device
or structure such as a barrel, fire ring, or fire pit. Bonfires are
allowed only if approved by and in accordance with provisions established
by the Fire Chief.
H.
Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance
of rights-of-way is allowed if approved by the Fire Chief and if in
accordance with other provisions of this article.
I.
Burning in emergency situations such as natural disasters is allowed
if approved by the Department of Natural Resources.
J.
Open burning under this section shall be conducted only following issuance of and in accordance with a permit issued under § 231-11.
K.
Except for campfires, open burning under this section shall only
be conducted at a location at least 100 feet from the nearest building
that is not on the same property.
L.
Except for campfires and permitted bonfires, open burning shall only
be conducted from the hours of 6:00 a.m. to 7:00 p.m.
M.
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.
N.
No materials may be burned upon any street, curb, gutter or sidewalk
or on the ice of a lake, pond, stream or body of water.
O.
Except for barbecue, gas and charcoal grills, no burning shall be
undertaken within 25 feet from any combustible material, combustible
wall or partition, exterior window opening exit access or exit unless
authorized by the Fire Chief.
A burn barrel may be used in the Town of Fulton only in accordance
with the following provisions:
B.
The burn barrel shall be located at least 100 feet from the nearest
building that is not on the same property as the bum barrel.
C.
The burn barrel shall have vent holes above the ash line for combustion
air and shall be covered with a heavy wire screen.
D.
The burn barrel shall not serve a business.
E.
The burn barrel shall be a distance of at least 50 feet from any
public road, street or highway right-of-way.
A.
Notwithstanding § 231-6G, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this chapter.
B.
Small quantities of confidential papers from a residence may be burned
if necessary to prevent the theft of financial records, identification
or other confidential information.
C.
Confidential papers from a commercial enterprise shall be shredded
or destroyed in a manner other than burning.
A.
No person shall start or maintain any open burning without a burning
permit issued by the Fire Chief.
B.
An outdoor campfire does not require a permit, provided that the
fire complies with all other applicable provisions of this article.
C.
Any person responsible for burning leaves, brush, clean wood or other vegetative debris under § 231-12 shall obtain a burning permit before starting the fire. There is no fee for a burning permit.
D.
The owner or occupant of the property shall obtain an annual burning
permit.
E.
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.
F.
A burning permit issued under this section shall require compliance
with all applicable provisions of this article and any additional
special restrictions deemed necessary to protect public health and
safety.
G.
Any violation of this article of the burning permit shall void the
permit.
H.
There is no fee for each annual burning permit. An annual permit
expires on December 31 of each calendar year. Permit applications
can be obtained at the Edgerton Fire Protection District station or
online at edgertonfire.com.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire suppression costs and any other liability resulting from
damage caused by the fire.
The Fire Chief or any authorized officer, agent, employee or
representative of the Edgerton Fire Protection District or the Town
of Fulton who presents credentials may inspect any property for the
purpose of ascertaining compliance with the provisions of this article.
If the owner or occupant of the premises denies access to the property
for this purpose, a special inspection warrant may be obtained in
accordance with § 66.0119, Wis. Stats.
A.
The Fire Chief and the Town Chairman or their designee is authorized
to enforce the provisions of this article.
B.
The penalty for violation of any portion of this article shall be
a forfeiture of not less than $25 nor more than $250 plus the cost
of prosecution. Each day a violation exists or continues constitutes
a separate offense. Penalties are doubled for second and subsequent
offenses.
No person shall cause, allow or permit any person to manufacture,
store or transport any hazardous material in the Town of Fulton in
an improper manner or with an improper method to constitute a fire
hazard or to cause a menace or danger to the public safety of persons
or property in the Town of Fulton.
No person shall cause, allow or permit any person to interfere
with any firefighter in the Town of Fulton.
No person shall cause, allow or permit any person to create
a public nuisance in the Town of Fulton by that person maintaining
or allowing the maintenance of a fire hazard in the Town.
No fireworks, as defined in § 167.10(1), Wis. Stats.,
shall be sold or possessed, with intent to sell, within the Town.
For purposes of this section, possession of fireworks does not include
the possession of fireworks in the Town while transporting the fireworks
to a city, town, village or county where possession of the fireworks
is authorized by permit or ordinance. Where fireworks are possessed
within the Town for a period in excess of 12 consecutive hours, it
shall be presumed that the fireworks are possessed with the intent
to sell within the Town.
No person shall cause, allow or permit the storage of explosives,
petroleum, gasoline, kerosene, chemicals, ashes, hazardous waste or
other highly flammable materials in an improper or unsafe arrangement
or in a manner to cause danger to persons or property in the Town
of Fulton.
No person shall fail to report seeing a fire in the Town of
Fulton where the fire is out of control unless the person knows that
someone else has reported the fire to the local fire department.
Any person who shall cause, allow or permit any person to discharge,
spill or leak hazardous materials, flammable liquids or combustible
liquids in excess of five gallons in the Town of Fulton shall immediately
report the discharge, spill or leak to the Edgerton Fire Protection
District.
