[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. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
[Amended 7-18-2023]
BURNABLE YARD WASTE
Brush, including clean woody vegetative material less than three inches in diameter.
BURNING BARREL
A large cylindrical container used to burn garbage, refuse, and solid waste.
GARBAGE
Discarded materials resulting from the handling, processing, preparation, storage, cooking and consumption of food, and discarded animal feces.
OPEN BURNING
Burning from which the products of combustion are emitted directly into the air without passing through a stack or chimney.
PORTABLE FIRE PIT
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.
RECREATIONAL BURNING PIT
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.
REFUSE
All matters produced from industrial or community life, subject to decomposition.
SOLID WASTE
Garbage, refuse, recyclable materials, grasses, leaves, yard and garden debris, 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.
(1) 
Except as provided in Subsection C below, no person shall engage in the open burning of any garbage, solid waste, grasses, or other refuse of any kind on any public or private property located within the Village of Winneconne.
(2) 
Burning barrels are prohibited within the Village of Winneconne.
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:
(1) 
Set, build, or maintain any open fire, except:
(a) 
Charcoal grills using charcoal briquettes, gas grills, or camp stoves on private property; or
(b) 
Charcoal grills using charcoal briquettes, gas grills, or camp stoves in Village parks placed at least 20 feet away from any combustible vegetation.
(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.