[HISTORY: Adopted by the Village Board of the Village of
Winneconne as §§ 5-2-9 through 5-2-12 of the 2012 compilation
of ordinances, as amended through 5-22-2013. Subsequent amendments noted where applicable.]
A.
BURNABLE YARD WASTE
BURNING BARREL
DESIGNATED AREA
GARBAGE
OPEN BURNING
PORTABLE FIRE PIT
RECREATIONAL BURNING PIT
REFUSE
SOLID WASTE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Leaves, yard and garden debris, excluding grass clippings,
and brush, including clean woody vegetative material less than three
inches in diameter.
A large cylindrical container used to burn garbage, refuse,
and solid waste.
An open pit with a maximum size of nine square feet.
Discarded materials resulting from the handling, processing,
preparation, storage, cooking and consumption of food, and discarded
animal feces.
Burning from which the products of combustion are emitted
directly into the air without passing through a stack or chimney.
Any structure or device intended to contain and control outdoor
wood fires. This shall include a structure, which although not portable,
is designed to contain and control wood fires. This structure or device
is situated off the ground.
A pit or a campfire used for the purpose of recreation and
self-enjoyment. This pit/campfire is an artificial or natural hole
or depression in the ground and shall not exceed three feet in diameter
and be located not less than 20 feet from any building, structure,
shed, garage, fence, or any other combustible material.
All matters produced from industrial or community life, subject
to decomposition.
Garbage, refuse, recyclable materials, grasses, and all other
discarded or salvageable solid materials, including solid waste materials
resulting from industrial, commercial and agricultural operations,
and from domestic use and public service activities.
B.
Prohibition.
C.
Exceptions.
(1)
The prohibitions set forth in Subsection B shall not apply to the following:
(a)
Burnable yard waste. Burnable yard waste may be burned on private
property only, and must be supervised by an adult (person 18 years
of age or older) who must remain within 50 feet of such burning activity.
Adequate fire suppression equipment shall be immediately available
to control or extinguish the fire. No burnable yard waste shall be
burned on Sundays or national holidays. Any burnable yard waste shall
be completely dry and not allowed to smolder.
(b)
Outdoor cooking over a fire contained in a device or structure
designed such use. Material used for such fires shall not contain
garbage, solid waste or refuse. All cooking devices must be in good
working condition to prevent the possible spread of fire. No outdoor
cooking shall take place above the first floor occupancy of any building
within the Village of Winneconne.
(c)
Recreational burning pits and portable fire pits are allowed.
D.
Fire hazard conditions.
(1)
No person shall hold the Village of Winneconne or the Winneconne
Poygan Fire District responsible for damages caused by burning in
any recreational burning pit, portable fire pit, or burning of yard
waste.
(2)
The Winneconne Poygan Fire Chief shall have the authority to ban
all open burning, except open burning used for food preparation, when
weather conditions are such that open burning would threaten life
and/or property. Notice of this ban shall be posted at the Village
Hall and published in the Oshkosh Northwestern or Winneconne News.
E.
Penalties.
(1)
The first time a person(s) is/are informed by the Police Department
that they are in violation of any provision of this chapter, they
will be directed to extinguish the fire. The officer issuing the directive
shall issue a warning notice to the said violator. Failure to comply
with the directive shall result in a penalty imposed as herein provided.
(2)
Each violation and each day a violation continues or occurs shall
constitute a separate offense. The imposition of a penalty under this
section shall not prohibit the Village of Winneconne from maintaining
a separate action against the violator to secure monetary damage for
damage caused by the burning.
F.
Severability. The provisions of this section are severable. Should
any paragraph, sentence, clause, phrase, or portion of this section
be declared invalid for any reason, the remainder of the section shall
not be affected.
Patio fireplaces are permitted in the Village of Winneconne as long as they are commercially purchased units that enclose the entire fire area within the patio fireplace. Homemade units must meet the approval of the Fire Chief. The chimney area and viewable area of the patio fireplace must be screened with a spark reduction device at all times the patio fireplace is in operation. The patio fireplace shall only burn a readily combustible fuel source that consists of wood, charcoal, or manufactured fireplace logs. The burning of trash, leaves, woods with a chemical treatment (railroad tie, fence post, power pole, etc.), or other materials that tend to create a noxious or annoying smoke discharge are not allowed. This section does not allow for below-ground campfires or other device fires not clearly authorized in this section or § 259-1D(2). Upon the complaint of two or more persons to the Police Department or Fire District that the patio fireplace is causing annoyance, the person responsible for the patio fireplace shall immediately discontinue the use of the device.
A.
Declarations of emergency. When there occurs a lack of precipitation,
there may exist an extreme danger of fire within the Village of Winneconne.
This extreme danger of fire affects the health, safety, and general
welfare of the residents of the Village of Winneconne 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 Village of Winneconne
during said emergency.
B.
Regulation of fires, burning materials and fireworks. 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
briquettes 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 Village where adequate fire prevention measures have been taken.
C.
Period of emergency.
(1)
The periods of emergency for which this section shall be in effect
shall be during such periods that Winnebago County, Wisconsin, is
under Wisconsin Department of Natural Resources emergency fire regulations
banning outdoor smoking and campfires, or when necessary as determined
by the Village President, upon the recommendation of the Fire Chief.
(2)
Burning emergencies shall become effective upon the time and date
of the Village President 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 Village Board.
Outdoor solid-fuel heating devices are not allowed within the
Village limits.
