[HISTORY: Adopted by the Town Board of the Town of West Bend by Ord. No. 90-05 (Ch. 5, Sec. 5.11, of the 1990 Code of Ordinances). Amendments noted where applicable.]
It shall be unlawful for any person to burn any materials out of doors within the boundaries of the Town unless such burning is permitted by Wis. Adm. Code § NR 429.04, as amended from time to time. Said section of the Wisconsin Administrative Code is hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of said section of said code incorporated herein are intended to be made part of this chapter.
Irrespective of whether or not Wis. Adm. Code § NR 429.04 is being complied with, it shall be unlawful for any person to burn any materials out of doors within the boundaries of the Town without, at least two hours prior to setting or starting such burning, contacting the Washington County Sheriff's Department and the Fire Department contracted for servicing the location at which such burning is being conducted, informing both departments of the following:
A. 
The exact location and address of the burning.
B. 
The date and time at which the burning is to commence.
C. 
The expected duration of the burning.
D. 
The name of the owner of the property on which the burning is taking place.
E. 
The name and address of the person or persons conducting the burning and the telephone number where such person or persons can be contacted while the burning is being conducted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person who is convicted of violating any of the terms and provisions of this chapter shall be liable to the Town for all costs and expenses incurred in fighting or extinguishing such fire and, in addition thereto, shall forfeit $200 for the first offense and $500 for the second offense, together with the costs of prosecution and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs, together with subsequent costs, shall be paid, but not exceeding 10 days.
In computing the costs and expenses incurred by the Town in fighting or extinguishing such fires, the following cost calculations shall be used:
A. 
Area serviced by the City of West Bend Fire Department. The cost charged shall be an amount equal to the base rate charged for the year in which the fire occurs divided by the number of fire calls in such service area used to determine such base rate.
B. 
Area serviced by the Slinger Voluntary Fire Department. The cost charged shall be an amount equal to the base rate charged for the year in which the fire occurs divided by the average number of fire calls in such service area for the previous five years plus the hourly rate billed by such fire department for said fire.
C. 
Area serviced by the Allenton Voluntary Fire Department. The cost charged shall be an amount equal to the base rate charged for the year in which the fire occurs divided by the average number of fire calls in such service area for the previous five years plus the hourly rate billed by such fire department for said fire.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Washington County Sheriff's Department is hereby authorized and directed to enforce all the provisions of this chapter. Without limitation, the Sheriff's Department is given the authority to issue citations for and to prosecute violations of this chapter.