[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:
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.
Intentionally start by any means.[1]
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immediately preceded this definition, was repealed 3-13-2019 by Ord.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which immediately preceded this subsection, was repealed 3-13-2019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:
(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.
