[HISTORY: Adopted by the Village Board of the Village of Waterford 6-12-2006
by Ord. No. 497. 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 Waterford due to the air pollution and fire
hazards of open burning, outdoor burning and refuse burning.
This chapter applies to all outdoor burning and refuse burning within
the Village of Waterford, with the following exceptions:
A.
This chapter does not apply to grilling or cooking using
charcoal, wood, propane or natural gas in cooking or grilling appliances.
B.
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 in § 100-3 of this chapter.
C.
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, except as provided in § 100-8G(2).
As used in this chapter, the following terms have the meanings prescribed
herein:
An outdoor fire with a diameter of 40 inches or greater intended
for recreation or celebration.
[Amended 1-8-2007 by Ord. No. 507]
An outdoor fire with a diameter of less than 40 inches intended for
recreation or cooking, not including a fire intended for disposal of waste
wood or refuse.
[Amended 1-8-2007 by Ord. No. 507]
An outdoor fireplace with only one opening for the insertion of fuel,
and a chimney.
[Added 1-8-2007 by Ord. No. 507]
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 Village of Waterford Fire Department or other person
authorized by the Fire Chief.
Kindling or maintaining a fire outdoors, where the products of combustion
are emitted directly into the ambient air. Open burning includes fires contained
in a chiminea, outdoor fireplace, outdoor fire pit, or other burning device.
[Amended 1-8-2007 by Ord. No. 507]
Open burning or burning in a solid-fuel-fired outdoor heating device.
A portable, manufactured, or permanent fire pit, chiminea, patio
fireplace, burn barrel, or other container made of copper, steel, clay, cast
iron, aluminum, brick, stone or other material intended to contain a fire
within its fire bowl.
[Added 1-8-2007 by Ord. No. 507]
An outdoor fireplace with only one opening for the insertion of fuel,
and a chimney.
[Added 1-8-2007 by Ord. No. 507]
Any waste material except clean wood.
Any equipment, device or apparatus, or any part thereof, which is
installed, affixed or situated outdoors for the primary purpose of combustion
of fuel to produce heat or energy used as a component of a heating system
providing heat for any interior space or water source.
Open burning, outdoor burning and refuse burning are prohibited in the
Village 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, furnace, stove or any other indoor or outdoor incineration or heating
device:
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 Wis.
Admin. Code ch. NR 590.
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.
Notwithstanding § 186-19D of this Code, open burning of leaves, brush, stumps, clean wood and other vegetative debris is allowed in accordance with the provisions below. Grass clippings may not be burned. Grass clippings must be recycled in accordance with § 186-19D by taking them to the Department of Public Works building.
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.
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 chapter,
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.
Outdoor campfires for cooking, ceremonies or recreation are allowed, provided that the fire is confined by a control device or structure such as an outdoor fire place, fire ring, or fire pit. Bonfires are allowed only if approved by and in accordance with provisions established by the Fire Chief, who shall issue a permit therefor pursuant to § 100-10.
F.
In emergency situations such as natural disasters, burning
that would otherwise be prohibited is allowed if specifically approved by
the Department of Natural Resources and the Fire Chief.
G.
Distance from buildings and structures.
[Amended 1-8-2007 by Ord. No. 507]
(1)
Distance from buildings on abutting properties and property
lines.
(a)
Open burning under this section shall only be conducted at a location at least 50 feet from the nearest building or combustible material which is not on the same property, and at least 10 feet from all property lines, except as set forth in Subsection G(1)(b).
(b)
Open burning in an outdoor fireplace or outdoor fire pit may
be conducted at a location at least 20 feet from the nearest building or combustible
item which is not on the same property, and at least 10 feet from all property
lines if the diameter of the outdoor fireplace or outdoor fire pit is 40 inches
or less, the device has (and the user uses) a solid metal or metallic mesh
cover or lid and a fire bowl or metal screen that completely contains and
surrounds the fire area, or the device is a chiminea or patio fireplace.
(2)
Distance from structures on the same property.
(a)
Except for barbecue, gas and charcoal grills, no burning shall be undertaken within 30 feet from any building, structure, combustible material, combustible wall or partition, exterior window opening, exit access or exit, including any deck, unless authorized by the Fire Chief, except as set forth in Subsection G(2)(b).
(b)
Open burning in an outdoor fireplace or outdoor fire pit may
be conducted at a location at least 20 feet from the nearest building or combustible
material if the diameter of the outdoor fireplace or outdoor fire pit is 40
inches or less, the device has (and the user uses) a solid metal or metallic
mesh cover or lid and a fire bowl or metal screen that completely contains
and surrounds the fire area, or the device is a chiminea or patio fireplace,
without Fire Chief approval.
H.
Open burning shall only be conducted between 12:00 noon
and 7:00 p.m., except for campfires contained within an outdoor fireplace,
fire pit or fire ring, which may be conducted between 12:00 noon and 10:00
p.m. Bonfires may be conducted during the times set forth in the permit issued
by the Fire Chief.
I.
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.
J.
No materials may be burned upon any street, curb, gutter
or sidewalk or on the ice of a lake, pond, river or waterbody.
K.
No open burning may be conducted on days when the Department
of Natural Resources has declared an ozone action day applicable to the Village.
A.
New solid-fuel-fired outdoor heating devices prohibited.
No person may install a solid fuel-fired outdoor heating device in the Village
of Waterford after the date of passage and publication of this chapter.
B.
Existing devices. If a solid-fuel-fired outdoor heating
device is in place on the date of passage and publication of this chapter,
it may be operated and maintained according to manufacturer guidelines; however,
if an existing solid fuel-fired outdoor heating device grandfathered under
this chapter becomes hazardous, harmful, noxious, and/or a safety or health
issue to the surrounding neighborhood as determined by the Building Inspector
and Fire Chief, the owner shall correct, improve or abate the nuisance using
whatever means are necessary. If the nuisance cannot be abated, then operation
of the device shall be discontinued until a solution to the nuisance can be
found.
Notwithstanding § 100-5G of this chapter, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this chapter.
No person shall start or maintain any bonfire without a permit issued
by the Fire Chief. The fee for the permit shall be in an amount set by the
Village Board.
A.
A 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, and shall
also specify the beginning and ending time for the bonfire.
B.
Any violation of the conditions of a bonfire permit shall
be deemed a violation of this chapter. Any violation of this chapter or the
bonfire permit shall void the permit.
When weather conditions warrant, the Fire Chief or the Department of
Natural Resources may declare a burning ban on all open burning and temporarily
suspend previously issued bonfire permits.
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 Village who presents credentials may inspect any property for the purpose
of ascertaining compliance with the provisions of this chapter. 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 Wis. Stat.
§ 66.0119.
A.
The Fire Chief, the Police Department and the Building
Inspector are authorized to enforce the provisions of this chapter.
B.
Any person who shall violate any provision of this chapter, or any regulation, rule or order made hereunder, shall be subject to a penalty as provided in Chapter 1, Article II, of this Municipal Code. Violation of this chapter shall also constitute a public nuisance which may be enjoined in a civil action in addition to prosecution therefor.
