[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk
at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
An open pit with a minimum size of nine square feet with a surface
that does not contain any yard waste.
Discarded materials resulting from the handling, processing, preparation,
storage, cooking and consumption of food, and discarded animal feces.
Burning from which the products of combustion are emitted directly
into the air without passing through a stack or chimney.
All matters produced from industrial or community life subject to
decomposition.
Garbage, refuse, recyclable materials and all other discarded or
salvageable solid materials, including solid waste materials resulting from
industrial, commercial, and agricultural operations and from domestic use
and public service activities.
Leaves, grass clippings, yard and garden debris and brush, including
clean woody vegetative material no greater than three inches in diameter.
Except as provided in § 173-3 below, no person shall engage in the open burning of any garbage, solid waste, or other refuse of any kind on any public property or private property located within the Town of Lake Tomahawk.
Section 129-2 shall not apply to the following:
A.Â
Leaf burning and yard waste. Dry leaves and yard waste,
provided that the fire and smoke resulting therefrom are supervised by an
adult and that the fire is within view of the adult at all times. No wet leaves
may be burned that result in the production of smoke that rises more than
four feet in height which is maintained for five minutes or longer. The first
time a person is informed by Town authorities that he is engaged in the open
burning of wet leaves, the person shall be advised as to the provisions of
this chapter and will be requested to extinguish the fire. Any violation of
this chapter occurring thereafter by the same person shall result in a penalty
being imposed as herein provided.
B.Â
Food preparation. The open burning of fuel for cooking
food, such as a barbecue or other similar outdoor activity, if confined to
a proper cooking device, such as a grill or open pit, and if the flame of
such fire does not exceed four feet in height.
C.Â
Campfire. The open burning of branches and sticks for
a campfire, provided that such burning takes place in a designated area and
the flame of such fire does not exceed four feet in height.
Under no circumstances shall there be burning of any materials on any
public roadway.
The Fire Chief shall have the authority to ban all open burning, except
open burning used in food preparation, when weather conditions are such that
open burning would threaten life and/or property. Notice of a ban on all open
burning shall be posted at the Community Building and published in the official
Town newspaper.
Any person, firm, or corporation violating the provisions of this chapter shall, upon conviction thereof, be subject to the penalty provisions of § 1-4 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. The imposition of a penalty under this chapter shall not prohibit the Town from maintaining a separate action against the violator to secure monetary damage for any damage caused by the burning.
