Town of Koshkonong, WI
Jefferson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Koshkonong as Secs. 5-1-10 and 5-2-7 of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fires and fire prevention — See Ch. 272.
In this section, the following words and phrases have the following designated meanings:
CONTROL
To supervise, manage, and contain so as not to cause a fire department to act in any way, or without hesitation so as not to cause damage to the property of any other person or corporation.
SET
Intentionally start by any means.[1]
TOWN
The Town of Koshkonong.
[1]
Editor's Note: The original definition of "permit," which immediately preceded this definition, was repealed 3-13-2019 by Ord. No. 1.
A. 
No permit shall be required to burn rubbish in a barrel, trash can, or other enclosed burner if a heavy screen or cover is used to prevent burning materials or embers from escaping.[1]
[1]
Editor's Note: Original Sec. 5-1-10(b)(1), regarding permit/authorization, which immediately preceded this subsection, was repealed 3-13-2019 by Ord. No. 1.
B. 
All burning commenced shall be conducted in accordance with applicable provisions of Wisconsin Statutes. Wisconsin Administrative Code and Jefferson County and/or Town Ordinances with respect to size, management, control, and any applicable air pollution requirements. Such burning activity shall not be used to burn tires, asphalt, shingles, wet garbage or household trash.
[Amended 3-13-2019 by Ord. No. 1]
C. 
No person shall fail to take action reasonably necessary to control any fire which he or she has set anywhere in the Town.
[Amended 3-13-2019 by Ord. No. 1]
A. 
In addition to fire department or rescue response call fees, the penalties provided in § 1-3, General penalty, are applicable.
B. 
Upon default of any of the payments in this section by any person who has the ability to pay such forfeiture and costs and penalty assessment, such person shall be confined in the County Jail, Jefferson County, until such forfeiture costs and penalties are paid, but in no event shall such confinement exceed 30 days.
A. 
If fees are incurred by the Town of Koshkonong as a result of a fire department responding to a call as a result of a violation of either of the prohibited actions in this section, the property owner upon whose property the fire occurred shall reimburse the Town of Koshkonong for the full amount expended. The property owner will be billed for a fire department response, regardless of whether prior burning authorization had been received, or for a fire department service call charge (example: gas leak), in such amounts as provided in the Town Fee Schedule.
[Amended 3-13-2019 by Ord. No. 1]
B. 
On or before October 1 of each year written notice shall be given by the Town Clerk to the owner, and occupant if different from the owner, of all lots or parcels of real estate for which fire extinguishment fees have been incurred by the Town of Koshkonong, and payment for which is owing and in arrears at the time of giving such notice. Such notice shall be in writing and shall state the amount of said arrears and that unless the same is paid by October 15, thereafter a penalty of 10% of the amount of such arrears will be added thereto; and that if the full amount of arrears and penalty are not paid by November 1 of each year, the total amount will be levied as a tax against the lot or parcel of real estate for which the fire extinguishment fees were incurred.
C. 
Said notice may be served by delivery to either such owner or occupant or both, personally, or by letter addressed to such owner or occupant at the post office address of said lot or parcel of real estate. On November 2, the Town Clerk shall certify and file a list of all the lots or parcels of real estate, giving the legal description thereof, to which the fire extinguishment fees are now in arrears. Each such delinquent amount, including the applicable penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the fire extinguishment services were furnished and payment for which remains delinquent. The Town Clerk shall then insert the total delinquency as a tax against such lot or parcel of real estate. This lien and assessment shall be in addition to any forfeiture prescribed elsewhere in this section.
[Amended 3-13-2019 by Ord. No. 1]
The Town of Koshkonong is hereby authorized to retain counsel to commence action for any violations of this section. This section may be enforced by Town citation as adopted.
A. 
Declarations of emergency. When there occurs a lack of precipitation, there may exist an extreme danger of fire within the Town of Koshkonong. This extreme danger of fire affects the health, safety, and general welfare of the residents of the Town of Koshkonong and constitutes a state of emergency. It is hereby found that the regulation of fires, burning materials, and fireworks is necessary and expedient for the health, safety, welfare and good order of the Town during said emergency.
B. 
Regulation of fires, burning materials, and fireworks. Pursuant to § 323.14(4), Wis. Stats., and when a burning state of emergency is declared, it may be ordered that a person may not:
(1) 
Set, build, or maintain any open fire, except:
(a) 
Charcoal grills using charcoal briquets, gas grills, or camp stoves on private property; or
(b) 
Charcoal grills using charcoal briquets, gas grills, or camp stoves in Town parks placed at least 20 feet away from any combustible vegetation.
(2) 
Throw, discard, or drop matches, cigarettes, cigars, ashes, charcoal briquets or other burning materials while outdoors except into a noncombustible container that does not contain combustible materials.
(3) 
Light or ignite a flare, except upon a roadway in an emergency.
(4) 
Light, ignite, or use anything manufactured, processed, or packaged solely for the purpose of exploding, emitting sparks or combustion for amusement purposes, including fireworks, firecrackers, bottle rockets, caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains that emit sparks and smoke, except in displays authorized by the Town where adequate fire prevention measures have been taken.
C. 
Period of emergency. Pursuant to §  166.23, Wis. Stats., burning emergencies shall become effective upon the time and date of the Town Chairperson or County Board declaring a state of emergency and shall remain in effect until the period of emergency ceases to exist or until the ratification, alteration, modification, or repeal of the burning state of emergency by the Town Board, or when applicable, the County Board.