[HISTORY: Adopted by the Village Board of the Village of
Benton 2-17-2010 by Ord. No. 2010-002. Amendments noted
where applicable.]
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 Village of Benton due to
the air pollution and fire hazards of open burning, outdoor burning
and refuse burning.
This chapter applies to all outdoor burning and refuse burning
within the Village of Benton.
A.
This chapter does not apply to grilling or cooking using charcoal
or self-contained gas fuels used for cooking food in charcoal or gas
grills, or burning of charcoal or self-contained gas fuels.
B.
This chapter does not apply to 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 as defined in § 139-3 of this chapter.
C.
This chapter does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
As used in this chapter, the following terms shall have the
meanings indicated:
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 Benton Fire Department or 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.
Open burning or burning in an outdoor wood-fired furnace.
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 Village of Benton unless the burning is specifically permitted
by this chapter.
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 Village
of Benton 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 Chapter
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, plastic
films and plastic containers.
F.
Rubber, including tires and synthetic rubber-like products.
Open burning of leaves, weeds, brush, stumps, clean wood 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 conformance
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 chapter.
F.
Fires set for forest, prairie or wildlife habitat management are
allowed with the approval of the Department of Natural Resources.
G.
Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance
of rights-of-way is allowed if approved by the Village Board and if
in accordance with other provisions of this chapter.
H.
In emergency situations, such as natural disasters, burning that
would otherwise be prohibited is allowed if specifically approved
by the Department of Natural Resources.
I.
Open burning under this section shall be conducted only following issuance of and in accordance with a permit issued under § 139-12 of this chapter.
J.
Open burning under this section shall only be conducted at a location
at least 25 feet from the nearest building which is not on the same
property.
K.
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.
L.
No materials may be burned upon any street, curb, gutter or sidewalk.
M.
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.
Outdoor campfires and small bonfires for ceremonies or recreation
are allowed, provided that the fire is confined by a control device
or structure, such as a fire ring, provided control device or structure's
diameter does not exceed 36 inches. Bonfires are allowed only if approved
by and in accordance with provisions established by the Village Board.
No person shall use or maintain a burn barrel in the Village
of Benton.
See Chapter 189, Furnaces, Outdoor.
B.
Asphalt shingles and asphalt or plastic siding shall be removed prior
to the practice burn unless the Fire Chief determines that they are
necessary for the fire practice.
C.
A demolition notification shall be submitted to the Department of
Natural Resources and all asbestos removed prior to the practice burn.
D.
All ash shall be disposed of in an approved landfill or at an alternative
location approved by the Department of Natural Resources.
E.
At least five business days before a planned practice burn the Fire
Chief or designee shall notify residents within 1,000 feet of the
site of the proposed burn.
Notwithstanding § 139-5 of this chapter, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this chapter.
A.
No person shall start or maintain any open burning without a burning
permit issued by the Village Board.
B.
An outdoor campfire does not require a permit, provided that the
fire complies with all other applicable provisions of this chapter.
C.
Any person responsible for burning leaves, brush, clean wood or other vegetative debris under § 139-6 of this chapter shall not be required to obtain a burning permit if burning is done during the established burn weeks provided annually by the Village board. Any burning of leaves, brush, clean wood or other vegetative debris under § 139-6 of this chapter outside of the established burn weeks shall require a burning permit before starting the fire. The fee for each one-time burning permit shall be established by the Village Board from time to time.[1]
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 chapter and any additional
special restrictions deemed necessary to protect public health and
safety.
G.
Any violation of the conditions of a burning permit shall be deemed
a violation of this chapter. Any violation of this chapter or the
burning permit shall void the permit.
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 Village of Benton who presents credentials may
inspect any property for the purpose of ascertaining compliance with
the provisions of this chapter. (Note: 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 Village Board, and their designees are authorized
to enforce the provisions of this chapter.
