[HISTORY: Adopted by the Village Board of the Village of Sullivan 8-22-2006 (§§ 5-2-9 and 5-2-10 of the 2006 Code of Ordinances); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. III). 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 Village of Sullivan due to the air pollution and fire hazards of open burning, outdoor burning, and refuse burning.
This chapter applies to all outdoor burning within the Village of Sullivan. This chapter does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances. This chapter does not apply to 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 within this chapter. This chapter does not apply to 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:
CAMPFIRE
A small outdoor fire intended for recreation or cooking not including a fire intended for disposal of waste wood or refuse.
CLEAN WOOD
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.
FIRE CHIEF
The Chief of the Village of Sullivan Fire Department or other person authorized by the Fire Chief.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or chimney.
OUTDOOR BURNING
Open burning or burning in an outdoor wood-fired furnace.
OUTDOOR WOOD-FIRED FURNACE
A wood-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.
REFUSE
Any waste material except clean wood.
Notwithstanding the provisions of § NR 429.04, Wisconsin Administrative Code, adopted herein by reference, no person shall kindle or maintain open burning or authorize the kindling or maintaining of open burning within any residential district within the Village of Sullivan unless expressly permitted by this chapter.
Open burning is not permitted in any business or commercial district unless a permit is acquired from the Fire Chief or other person authorized to issue a burning permit.
Any person, firm, or corporation violates any portion of this chapter and the Village of Sullivan Fire Department has to put out a fire, open burn, or any other type of fire, the person, firm, or corporation will be issued a special charge by the Village Fire Department in the amount of $200. The special fee shall be paid within the time issued on the invoice and if not paid and the special charge becomes delinquent, the Village Fire Department shall notify the Village Clerk of all delinquencies and the delinquencies for the special charge may be placed in the current or next tax roll for collection and settlement under Ch. 74 of the Wisconsin Statutes and Wisconsin Statutes § 66.0627.