[HISTORY: Adopted by the Village Board of the Village of Hobart as § 3.0 of the 2000 Code. Amendments noted where applicable.]
The title of this chapter shall be "Fire Prevention, Regulation of Open Burning, Cooking Fires and Recreational Fires."
Adoption. The provisions of the applicable Wisconsin Administrative Code and Wisconsin Statutes, as now existing and as the same may hereafter be amended, are hereby adopted and made part of this chapter by reference. In the event a conflict exists between the Wisconsin Administrative Code or the Wisconsin Statutes and this chapter, the Wisconsin Administrative Code and/or Wisconsin Statutes shall control.
Whereas, the Wisconsin Administrative Code and the Wisconsin Statutes grant the Village the power to regulate the prevention of fire and burning; and whereas the Village of Hobart is predominantly a residential community with a small business district and provides its own fire and police protection; now then, the Village Board deems it to be in the best interests of the Village of Hobart and for the health, safety, and welfare of the public to continue promoting fire prevention and regulate open burning, cooking fires and recreational fires in the Village of Hobart.
As used in this chapter, the following terms shall have the meanings indicated:
- BURNING PERMIT
- A permit issued by the Village of Hobart to a residential property owner within the Village of Hobart that allows the property owner to burn certain materials on the property owner's property, within the restrictions and limitations set forth in this chapter.
- OPEN BURNING
- Any open burning on residential property within the Village of Hobart and, for the purpose of this chapter only, excludes outdoor burning that is permitted pursuant to this chapter.
- OUTDOOR BURNING
- Any burning outside on residential property within the Village of Hobart that is considered a cooking fire or recreational fire pursuant to § 127-6.
- Any waste material except clean wood.
- The Village of Hobart.
- VILLAGE FIRE DEPARTMENT
- The Village of Hobart Fire Department located at 2703 South Pine Tree Road, Hobart, Wisconsin, and 482 County Court, Hobart, Wisconsin.
Open burning, outdoor burning and refuse burning are prohibited in the Village unless specifically permitted by this chapter.
Except as provided in this chapter, specifically including § 127-6, no open burning, outdoor burning or refuse burning is permitted without first obtaining a burning permit from the Village.
A burning permit shall be applied for at the Village, which is located at 2990 South Pine Tree Road, in the Village of Hobart, Wisconsin, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except holidays.
All burning permits must be requested in person, although burning permit forms may be obtained from the Village official website, filled out in advance, and brought to the Village during the requisite time periods.
A burning permit shall only be issued for property located within agricultural districts, which are the A-1 and A-2 Districts, or property that consists of a minimum of 2.5 acres and as set forth herein.
A burning permit is subject to the Village's discretion. The Village reserves the right to deny any requested permit if, in the judgment of the Village Public Works Director, Village Fire Chief, Village Zoning Administrator/Building Inspector, or a Village Police Officer, hazardous conditions exist. Note: If the owner or occupant of the property denies access to the property for the purpose of an inspection to determine whether hazardous conditions exist, the burning permit will be denied as presumed hazardous.
While the use of solid-fuel-fired heating devices may fall within the definition of open burning pursuant to the Administrative Code and Wisconsin Statutes, for the purposes of this chapter only, such devices do not fall within the definition of "open burning." For regulation of solid fuel-fired heating devices, refer to Chapter 177, Furnaces, Outdoor.
A burning permit is not required as follows:
Subject to the prohibitions set forth in § 127-7, fires intended for cooking purposes are permitted without a burning permit in appropriate cooking grills and at a single or multifamily residence (hereinafter "cooking fire").
Subject to the prohibitions set forth in § 127-7, fires less than four feet in diameter and intended for recreation purposes are permitted without a burning permit (hereinafter "recreational fire").
Burning conducted by the Village of Hobart Fire Department is permitted without a burning permit, provided such burning is necessary for firefighting practice or instruction and such practice burn complies with the requirements of the Department of Natural Resources and other applicable laws.
No cooking fire is permitted on balconies above a first floor that is part of a multistory unit, which is defined as a dwelling unit or sleeping unit with habitable space located on more than one story.
All recreational fires must be limited to a maximum diameter of four feet.
All recreational fires must be a minimum of 15 feet from any building, structure, shed, garage, property line and a minimum of five feet from any tree, shrub, brush, fence, or combustible material.
All recreational fires must be either surrounded on the outside by above ground noncombustible material, such as concrete, rock, or metal and have a noncombustible cover or be in a portable Weber-type device that is placed upon a noncombustible surface and secured and also has a noncombustible cover.
Other than using paper or cardboard products as starter fuel for a fire, no cooking fire or recreational fire may burn any material set forth in § 127-8F and/or G, which includes, but is not limited to, rubbish, garbage, recyclable items, trash, yard waste, asphalt, treated or painted wood, materials containing rubber, plastic, leather, oily substances or petroleum-based materials, or materials containing any flammable or combustible liquids.
No cooking fire or recreational fire is permitted unless the property owner and/or person controlling the fire has adequate fire-suppression equipment present to extinguish or control the fire.
No recreational fire or cooking fire shall be permitted during periods when either the Village, the Department of Natural Resources or the Village of Hobart Fire Department has issued a burning ban (the "burning ban"), which may be issued based upon one or more of the prior party's discretion. Any imposed burning ban shall be immediately posted in writing at the Village of Hobart Hall and the Village of Hobart Fire Department as follows:
Any imposed burning ban shall also be posted within 24 hours on the Village of Hobart official website.
Notwithstanding obtaining a burning permit, the following restrictions and limitations apply to all open burning:
No open burning shall be permitted on property less than 2.5 acres.
Monday through Friday: no open burning shall be permitted before 4:00 p.m. or after 8:00 p.m.; Saturday: no open burning shall be permitted before 8:00 a.m. or after 8:00 p.m.; Sunday: no open burning shall be permitted on Sunday or a holiday. All open burning shall be completely extinguished before being left unattended.
No open burning shall be permitted at any time the weather conditions are not favorable for open burning. For example, high wind speeds or wind direction may make the weather conditions not favorable for open burning.
Excluding Agricultural Districts, no open burning shall be permitted in an area larger than 10 feet by 10 feet.
No open burning shall be permitted within 30 feet from any building, structure, shed, garage, property line, flammable liquid, or other material constituting a potential fire hazard.
No open burning may include burning trees or shrubs, unless such trees or shrubs have been cut down and cut into segments 4 feet or smaller.
Excluding Agricultural Districts, open burning of wood, brush or demolition material, excluding items set forth in Subsection K, is permitted, provided methods approved by the DNR are used.
Excluding Agricultural Districts, open burning of small amounts of dry leaves and dry plant clippings are permitted.
Open burning of brush or weeds on Agricultural Districts are permitted.
The Village will not issue a burning 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:
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.
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 of the Wisconsin Administrative Code.
Asphalt and products containing asphalt.
Treated or painted wood, including, but not limited to, plywood, composite wood products or other wood products that are painted, varnished or contain treated preservations.
Any plastic material, including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
Rubber, including tires and synthetic rubberlike products.
Every burning permit granted by the Village shall be either posted and at all times displayed in a conspicuous place on the property where such burning shall occur or carried on the property owner (the permittee) during the open burning process.
A burning permit granted by the Village shall be granted to an individual person who is the owner of the property where such burning shall occur and is not transferable to any other person. In the event an entity owns the property where such burning shall occur, a burning permit shall be issued to an owner of the entity, provided such owner agrees to be individually, jointly and severally liable with the entity for any violation of this chapter.
Each act constituting a violation and every day upon which a violation occurs or continues constitutes a separate violation; and
Any person found to have violated this chapter, in addition to the other costs set forth in this section, shall be subject to the following forfeiture:
Any person found to have violated this chapter, in addition to the other costs set forth in this section, shall reimburse the Village for the reasonable cost incurred due to the violation including, but not limited to, cost of fire protection services, costs associated with investigation of the violation, and other miscellaneous Village and Village Fire Department fees, including costs associated with confinement of the fire.
Any person found to have violated this chapter, in addition to the other costs set forth in this section, shall also forfeit the reasonable costs of prosecution and, in default of payment of such forfeiture and costs set forth herein, may be imprisoned in the county jail until the costs set forth herein are made. Any imposed confinement in the county jail shall not exceed 30 days for one offense.
When the Village of Hobart Fire Chief determines there are environmental conditions likely to produce a serious threat of fire to life or property, in addition to the burning ban set forth in § 127-7H the Fire Chief may issue an emergency burning ban (the "emergency burning ban"). An emergency burning ban may require that no person do the following:
Throw, discard or drop matches, ashes, or other burning material while outdoors and in the immediate vicinity of combustible natural vegetation; and/or
Light or use any fireworks, as defined by the Wisconsin Statutes or the Wisconsin Administrative Code, including, but not limited to, caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains that emit sparks and smoke.
The Village Fire Chief, Village Public Works Director, Village Zoning Administrator/Building Inspector, Village Police Officer, or any authorized officer, agent, employee or representative of the Village 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 property denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with § 66.0119 of the Wisconsin Statutes.
The person to whom the burning permit is issued and/or the person utilizing or maintaining a recreational fire or cooking fire, whatever the case may be, shall be responsible jointly and severally for all costs resulting from damage caused by such fire, including those costs allowed by law and those costs set forth in § 127-11.