[HISTORY: Adopted by the Common Council of the City of Colby 10-5-1995 as Title 5, Ch. 2, § 5-2-9,
of the 1995 Code; amended in its entirety at time of adoption of Code
(see Ch. 1, General Provisions, Art. II). Subsequent amendments noted
where applicable.]
This chapter is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the City of Colby, Clark/Marathon
County, Wisconsin due to the air pollution and fire hazards of open
burning, outdoor burning and refuse burning.
A.
This chapter
applies to all outdoor burning and refuse burning within the City
of Colby.
B.
This chapter
does not apply to:
(1)
Grilling
or cooking using charcoal, wood, propane or natural gas in cooking
or grilling appliances.
(2)
Burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in § 207-4 of this chapter.
(3)
The
use of propane, acetylene, natural gas, gasoline or kerosene in a
device intended for heating, construction or maintenance activities.
Should any portion of this chapter be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected.
As used in this chapter, the following terms shall have the
meanings indicated:
A small outdoor fire intended for recreation or cooking,
not including a fire intended for disposal of waste wood or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material, has not been pressure-treated with preservatives
and does not contain resins or glues as in plywood or other composite
wood products.
Printed material containing personal identification or financial
information that the owner wishes to destroy.
The Chief of the Central Fire and EMS District or other person
authorized by the Fire Chief.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney from an enclosed chimney.
Open burning or burning in an outdoor wood-fired furnace.
Any waste material except clean wood.
Open burning, outdoor burning and refuse burning are prohibited
in the City of Colby unless the burning is specifically permitted
by this chapter.
Unless a specific written approval has been obtained from the
Department of Natural Resources, the following materials may not be
burned in an open fire, incinerator, burn barrel, furnace, stove or
any other indoor or outdoor incineration or heating device. The City
of Colby will not issue a permit for burning any of the following
materials without air pollution control devices and a written copy
of an approval by the Department of Natural Resources:
A.
Rubbish
or garbage, including but not limited to food wastes, food wraps,
packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, construction or demolition debris or other household
or business wastes.
B.
Waste oil
or other oily wastes, except used oil burned in a heating device for
energy recovery subject to the restrictions in Ch. NR 590, Wis. Adm.
Code.
C.
Asphalt
and products containing asphalt.
D.
Treated
or painted wood, including but not limited to plywood, composite wood
products or other wood products that are painted, varnished or treated
with preservatives.
E.
Any plastic
material, including but not limited to nylon, PVC, ABS, polystyrene
or urethane foam, and synthetic fabrics, plastic films and plastic
containers.
F.
Rubber,
including tires and synthetic rubber-like products.
Open burning of leaves, weeds, brush, stumps, clean wood and
other vegetative debris is allowed only in accordance with the following
provisions:
A.
All allowed
open burning shall be conducted in a safe, nuisance-free manner, when
wind and weather conditions are such as to minimize adverse effects
and not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in conformance
with all local and state fire protection regulations.
B.
Except
for barbecue, gas and charcoal grills, no open burning shall be undertaken
during periods when either the Fire Chief or the Wisconsin Department
of Natural Resources has issued a burning ban applicable to the area.
C.
Open burning
shall be conducted only on the property on which the materials were
generated or at a facility approved by and in accordance with provisions
established by the Department of Natural Resources and the Fire Chief.
D.
Unless
explicitly allowed elsewhere in this section, a commercial enterprise
other than an agricultural or silvicultural operation may open burn
only at a facility approved by and in accordance with provisions established
by the Department of Natural Resources and the Fire Chief.
E.
Open burning
of weeds or brush on agricultural lands is allowed if conducted in
accordance with other applicable provisions of this chapter.
F.
Fires set
for forest or wildlife habitat management are allowed with the approval
of the Department of Natural Resources.
G.
Outdoor
campfires and small bonfires for cooking, ceremonies or recreation
are allowed, provided that the fire is confined by a control device
or structure such as a barrel, fire ring or fire pit. Bonfires are
allowed only if approved by and in accordance with provisions established
by the Fire Chief.
H.
Burning
of trees, limbs, stumps, brush or weeds for clearing or maintenance
of rights-of-way is allowed if approved by the Fire Chief and if in
accordance with other provisions of this chapter.
I.
Burning
in emergency situations such as natural disasters is allowed if approved
by the Department of Natural Resources.
J.
Open burning under this section shall be conducted only following issuance of and in accordance with a permit issued under § 207-10 of this chapter.
K.
Except
for campfires, open burning under this section shall only be conducted
at a location at least 250 feet from the nearest building that is
not on the same property.
L.
Except
for campfires and permitted bonfires, open burning shall only be conducted
between 12:00 noon and 6:00 p.m.
M.
Open burning
shall be constantly attended and supervised by a competent person
of at least 18 years of age until the fire is extinguished and is
cold. The person shall have readily available for use such fire-extinguishing
equipment as may be necessary for the total control of the fire.
N.
No materials
may be burned upon any street, curb, gutter or sidewalk or on the
ice of a lake, pond, stream or water body.
O.
Except
for barbecue, gas and charcoal grills, no burning shall be undertaken
within 25 feet from any combustible material, combustible wall or
partition, exterior window opening, exit access or exit unless authorized
by the Fire Chief.
A.
Notwithstanding § 207-6G of this chapter, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this chapter.
B.
Small quantities
of confidential papers from a residence may be burned if necessary
to prevent the theft of financial records, identification or other
confidential information.
C.
Confidential
papers from a commercial enterprise shall be shredded or destroyed
in a manner other than burning.
A.
No person
shall start or maintain any open burning without a burning permit
issued by the Central Fire and EMS District.
B.
An outdoor
campfire does not require a permit, provided that the fire complies
with all other applicable provisions of this chapter.
C.
Any person responsible for burning leaves, brush, clean wood or other vegetative debris under § 207-7 of this chapter shall obtain a one-time burning permit before starting the fire. There is no fee for a one-time burning permit.
D.
When weather
conditions warrant, the Fire Chief or the Department of Natural Resources
may declare a burning moratorium on all open burning and temporarily
suspend previously issued burning permits for open burning.
E.
A burning
permit issued under this section shall require compliance with all
applicable provisions of this chapter and any additional special restrictions
deemed necessary to protect public health and safety.
F.
Any violation
of the conditions of a burning permit shall be deemed a violation
of this chapter. Any violation of this chapter or the burning permit
shall void the permit.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire suppression costs and any other liability resulting from
damage caused by the fire.
The Fire Chief or any authorized officer, agent, employee or
representative of the Central Fire and EMS District or the City of
Colby who presents credentials may inspect any property for the purpose
of ascertaining compliance with the provisions of this chapter. Note:
If the owner or occupant of the premises denies access to the property
for this purpose, a special inspection warrant may be obtained in
accordance with § 66.0119, Wis. Stats.
