A burn barrel may be used in the Town of Genesee only in accordance
with the following provisions:
A. The burn barrel shall not be used to burn any prohibited materials
listed in this article and may only be used in accordance with the
provisions of this article.
B. The burn barrel shall be located at least 50 feet from any structure,
wood pile, or wooden fence, and provisions shall be made to prevent
the fire from spreading to within 50 feet of such items and the burn
barrel must be located at least 15 feet from any property line.
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.
In addition to the foregoing general rules, except as modified
herein, the burning of leaves, grass and similar vegetation shall
also be subject to the requirements of this section.
A. Fire suppressant.
(1) Before starting a grass or leaf fire, a person shall have on hand
and in readiness either:
(a)
A garden hose attached to a source of water under pressure;
(b)
A tank or pails filled with water; or
(c)
Portable fire extinguishing equipment of suitable size and capacity.
(2) In addition to one or more of the foregoing, beating equipment, such
as brooms or burlap sacks, must also be available.
B. Constant attendance. Persons starting grass or similar vegetation
fires, or any fire for the disposal of leaves or lawn rubbish, shall
remain in constant attendance of such fire, or make suitable provisions
for such attendance, and must be ready and able to check such fire
and keep it under control at all times.
C. Exception regarding size of fire. The size of such fire may be larger
than described in the general rules, provided that such larger size
is specifically requested by the applicant, and approved by the Fire
Chief of the fire department having jurisdiction, such approval to
be noted in writing.
The requirements of this article are not applicable to the following
activities, except as described below:
A. Outdoor cooking. Fires that are started for the sole purpose of cooking food outdoors, and that are located in a device or structure that is specifically designed for that purpose, including but not limited to a grill, are exempt from the requirements of this article, except that the requirements of §
330-24, below, shall apply.
B. Diseased trees. Fires that are started for the sole purpose of destroying trees or tree limbs that are infected with disease that could otherwise spread, including but not limited to Oak Wilt disease, may be exempt from the requirements of §
330-20B (size of fire), and/or §
330-20F (time of burn) of this article, if waived by the Fire Chief of the fire department having jurisdiction as may be necessary to allow for timely and adequate destruction of the infected trees or tree limbs. The Fire Chief of the fire department having jurisdiction may, but is not obligated to, require proof of such infection, and/or proof that no reasonable alternative is available to protect against spread of the disease before granting any such waiver. If the Fire Chief finds that the fire is subject to this exception, the Fire Chief shall note which subsections of the general rules, §
330-20B and/or
F, are waived, and may instead establish reasonable limitations in lieu of the waived provisions that will allow the fire to proceed. All requirements of this article that are not specifically waived shall apply to such fires.
C. Fire department training. Fires that are started for the sole purpose
of providing training for a fire department may be exempt from any
or all requirements of this article. The Fire Chief shall note which
sections of this article are waived, and may instead establish reasonable
limitations in lieu of the waived provisions that will allow the fire
to proceed. All requirements of this article that are not specifically
waived shall apply to such fires.
D. Recreational fires. Campfires and fires in outdoor portable or permanent
fireplaces are allowed only in compliance with the requirements of
this article, with the following exceptions and additional requirements:
(1) Section
330-20B (size of fire) is modified for recreational fires as follows: The size of such fires must be no larger than three feet in diameter.
(2) Section
330-20D (material) is modified for recreational fires as follows: Such fires must burn only wood.
(3) Section
330-20F (time of burn) is modified for recreational fires as follows: The allowed hours are extended in the evening beyond sunset to 11:59 p.m., and the fire must be extinguished no later than 11:59 p.m.
(4) Campfires shall be conducted on the ground, or in a pit dug into
the ground, surrounded by a campfire ring that is no larger than three
feet in diameter and constructed of metal, concrete, brick, rock,
and/or other suitable material to prevent the spread of the fire.
Any person, firm or corporation who violates the terms of this
article, or who burns in a manner which results in a response from
a fire department, in addition to the penalties provided herein, shall
be liable to the Town of Genesee for the actual costs incurred by
the Town for the fire department response.
Any person, firm or corporation who violates the provisions
of this article shall, upon being found guilty thereof, forfeit to
the Town of Genesee an amount not to exceed $200, and not less than
$100, for each violation, plus all applicable court fees and costs,
and the costs of prosecution. In the event that the forfeiture imposed
by a court of competent jurisdiction is not paid within the time period
fixed by the court, the court is authorized to order the violator
to be incarcerated in the Waukesha County Jail for a term not to exceed
90 days.
Town of Genesee Ordinance No. 12-3 to control fires within the
Town of Genesee, dated July 7, 2012, and Town of Genesee Ordinance
No. 06-6 entitled "An Ordinance to Repeal and Recreate the Town of
Genesee Ordinance Regulating the Burning of Trash, Rubbish and Litter
within the Town of Genesee," dated on or about April 10, 2006, are
hereby repealed.
The several sections of this article are declared to be severable.
If any section or portion thereof shall be declared by a court of
competent jurisdiction to be invalid, unlawful or unenforceable, such
decision shall apply only to the specific section or portion thereof
directly specified in the decision, and shall not affect the validity
of any other provisions, sections or portions thereof of the article.
The remainder of the ordinance shall remain in full force and effect.
Any other ordinances whose terms are in conflict with the provisions
of this article are hereby repealed as to those terms that conflict.
This article shall take effect on January 1, 2015, upon passage
and posting or publication as provided by law.