[HISTORY: Adopted by the Common Council of
the City of Hudson by Ord. No. 1-81 as Ch. 11, Secs. 11.09 and 11.10 of the 1981 Code; amended
in its entirety 3-19-2001 by Ord. No. 3-01. Subsequent amendments
noted where applicable.]
The purpose of this chapter is to strictly control
open burning within the City.
A.
Except as hereinafter provided, no person shall burn
in the open any leaves, yard wastes, rubbish, garbage, other household
wastes or hazardous materials upon any street, court, alley or private
property within the City.
B.
The use of outdoor portable drums, barrels, or any
containers used to burn leaves, yard wastes, rubbish, garbage, other
household wastes or hazardous materials upon any premises within the
City is prohibited.
C.
Fires set by the Hudson Fire Department for practice
and instruction of fire fighters are allowed.
D.
Outdoor fires used for cooking and recreational purposes
are allowed. These are defined and limited to charcoal and gas grills,
freestanding fireplaces (clay or metal) or fire pits.
E.
Apartment, townhouse and condominium association rules
must be strictly followed when using charcoal and propane grills,
freestanding fireplaces (clay or metal) or fire pits.
F.
Construction and use of fire pits shall meet the following
requirements:
(1)
The diameter of the pit shall not exceed three feet.
(2)
The depth of the pit shall be one to two feet deep.
(3)
The rim of the pit shall be lined with rock, concrete,
brick or steel.
(4)
Fire pits shall be a minimum of 20 feet from combustible
structures.
(5)
Fire pits must be attended by at least one person
18 years or older when lighting the fire and at all times while the
fire is burning.
(6)
A fire extinguisher or water hose must be available
nearby at all times.
(7)
Only split firewood, tree limbs or charcoal may be
burned in fire pits. No rubbish, yard waste, tires, garbage, household
waste or hazardous materials shall be burned.
(8)
When burning, all burning material shall be completely
contained within the fire pit and shall not extend beyond the confines
of the fire pit or freestanding fireplace.
(9)
Fire and embers must be completely extinguished before
the fire pit is vacated.
G.
Freestanding fireplaces shall be placed on noncombustible
surfaces and shall comply with Section F(4) through (9) (above).
H.
The Fire Chief has the authority to issue a burning
ban at any time due to weather conditions or other hazardous conditions
that may exist.
I.
Cooking and recreational fires are only allowed on private property, except as provided in Hudson City Code § 181-10.
J.
Open burning of areas of prairie landscape will be
allowed to be managed by periodic controlled burning with the following
conditions:
[Added 3-21-2005 by Ord. No. 10-05]
(1)
Prairie area landscape plans must be reviewed by the Plan Commission for recommendation to and approval for a permit for open burning of prairie areas by the Common Council pursuant to Municipal Code, § 255-85, Development plans for building permits. Prairie area landscape plan applications must contain a fire management plan as part of the application process, including, but not limited to, information regarding the total site area, proposed area subject to a controlled burn, projected timetable and frequency of proposed controlled burns, location of fire hydrants, unique site conditions and proposed fire supervision by a professional fire management agency or business personnel and suppression equipment sufficient to address a control burn of the area proposed. The fire management plan must be approved by the Fire Department as part of the recommendation for approval by the Plan Commission to the Common Council.
(2)
Permits for open burning of approved landscape areas for vegetative
management shall be restricted to vegetative areas located within
properties that are zoned in the:
[Amended 8-1-2011 by Ord. No. 15-11]
(a)
B-2, General Business District;
(b)
I-1, Light Industrial District;
(c)
I-2, General Industrial District;
(d)
PUB, Public District;
(e)
RM-1, RM-2, RM-3 and RM-4, Multiple-Family Residential Districts;
(f)
PRD-1, PRD -2, and PRD-3, Planned Residential Districts;
(g)
PCD-1 and PCD-2, Planned Commercial District;
(h)
PID, Planned Industrial District.
(3)
The permittee must notify the Fire Department of the
proposed date at least 20 days prior to the date of the controlled
burn. The Fire Department reserves the right to cancel any proposed
controlled burn because of conditions that may make the proposed controlled
burn unsafe for the public.
(4)
The permittee will be responsible for notifying all
residents and landowners within one-quarter mile of the controlled
burn location of the proposed date and time of the proposed burn at
least 10 days prior to the controlled burn date.
(5)
Open burning shall be constantly attended and supervised
per the approved fire management plan until the fire is extinguished
and is cold. The person(s) attending the fire shall have readily available
for use such fire extinguishing equipment as may be necessary for
the total control of the fire. The permittee shall be responsible
to immediately notify the Hudson Fire Department and the St. Croix
County dispatch center when the fire is determined to be cold and
they are abandoning the site with their fire management personnel.
(6)
Open burning in accordance with Subsection J shall only be conducted in a location at least 150 feet from the nearest building which is not on the same property.
(7)
The permittee will be responsible for all related
costs of the Fire Department to review proposed plans and fire suppression
costs related to the proposed control burn.
(8)
The approval of the controlled burning of a prairie
area does not excuse the permittee from the consequences, damages
or injuries which may result from nor does it exempt the permittee
from regulations promulgated by the state pollution control agency
or any other governmental unit exercising jurisdiction in matters
of pollution or fire hazard regulations.
(9)
The permittee shall agree to hold the City of Hudson
harmless from liability of damages due to activities that occur as
a result of the controlled burning.
(10)
No open burning for vegetative management shall be
conducted on days when the Wisconsin Department of Natural Resources
has declared an ozone action day applicable to the City of Hudson.
(11)
The Fire Chief or an authorized official of the Hudson
Fire Department or representative of the City of Hudson who presents
credentials may inspect any property for the purpose of ascertaining
compliance with the provisions of this subsection.
The use of commercial multiple-chamber incinerators
is prohibited.
Any person who shall violate any provision of
this chapter shall be subject to the following penalties:
