[HISTORY: Adopted by the Common Council of the City of Oconto Falls 8-8-2006 by Ord. No. 06-003 (Ch. 21). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 55.
Fire prevention — See Ch. 250.
Nuisances — See Ch. 348.
Solid waste — See Ch. 413.
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 City of Oconto Falls 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 City of Oconto Falls. This chapter does not apply to:
A. 
Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
B. 
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 § 202-4 of this chapter.
C. 
The use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
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 Oconto Falls 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 a chimney from an enclosed chimney.
OUTDOOR BURNING
Open burning or burning in an outdoor wood furnace.
OUTDOOR FURNACE
A fire furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals, whether or not it is located in an accessory building.
REFUSE
Any waste material except clean wood.
Open burning, outdoor burning and refuse burning are prohibited in the City of Oconto Falls 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, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device. The City of Oconto Falls will not issue a permit for burning any of the following materials without air pollution control devices and a written copy of an approval by the Department of Natural Resources.
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 Chapter NR 590, Wisconsin Administrative Code.
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.
G. 
Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with Chapter 413, Solid Waste, of this Code, except as provided in § 202-11 of this chapter.
H. 
Coal.
I. 
Leaves, brush, grass and green vegetation.
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, railroads or airfields. 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 the Fire Chief has issued a burning ban applicable to the area.
C. 
Burning in emergency situations such as natural disasters is allowed if approved by the Department of Natural Resources or the Fire Chief.
D. 
Open burning under this section shall be conducted only following issuance of and in accordance with a permit issued under § 202-11 of this chapter.
E. 
Open burning under this section shall only be conducted at a location approved by the Fire Chief, taking into consideration the nearest building which is not on the same property.
F. 
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.
G. 
No materials may be burned upon any street, curb, gutter or sidewalk.
H. 
Except for barbecue, gas and charcoal grills, no burning shall be undertaken within a distance approved by the Fire Chief of any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.
It shall be unlawful to allow weeds, grass, or other vegetation to grow to the extent that such would create a fire hazard. The Fire Chief or authorized inspector is hereby authorized to inspect the premises within the City to determine if such a condition exists, whereupon he shall issue notice in writing to the owner or occupant to cut or remove such vegetation or cause it to be burned, with a proper permit issued by the Fire Chief, within 10 days thereafter. In the event that such notice is not complied with, such vegetation will be removed by the City and the expense thereof assessed to the property owner or occupant on the tax roll.
No person shall use or maintain a burn barrel within the City of Oconto Falls.
No person shall use or maintain an outdoor furnace within the City of Oconto Falls.
Except as provided in this section for Fire Department practice burns, an existing unwanted building within the City of Oconto Falls may not be burned. A building which is no longer standing may not be used for a practice burn.
A. 
An existing building may be burned only by the Oconto Falls Fire Department and only if the Fire Chief determines that the burning is necessary for instruction of fire fighters or practice with fire-fighting equipment.
B. 
All ash shall be disposed of in a method currently approved of by the Department of Natural Resources.
A. 
Notwithstanding Subsection G of § 202-5, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this chapter.
B. 
Small quantities of confidential papers from a residence may be burned if necessary to prevent the theft of financial records, identification or other confidential information.
C. 
Confidential papers from a commercial enterprise shall be shredded or destroyed in a manner other than burning.
D. 
A fire set for burning of a small quantity of confidential papers shall be subject to and comply with Subsections A, B and E through H of § 202-6.
A. 
No person shall start or maintain any open burning without prior approval from the Fire Chief or designee. Permits will be issued by the business office of the City of Oconto Falls.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Any person responsible for burning clean wood under § 202-6 of this chapter shall obtain a one-time burning permit before starting the fire. There may be a fee for each permit issued. An on-site inspection may be required before a permit will be issued.
C. 
When weather conditions warrant, the Fire Chief or designee may declare a burning moratorium on all open burning and temporarily suspend previously issued burning permits for open burning.
D. 
A burning 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.
E. 
Any violation of the conditions of a burning permit shall be deemed a violation of this chapter. Any violation of this chapter or the burning permit shall void the permit.
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 City of Oconto Falls who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this chapter.
A. 
The Fire Chief and the Oconto Falls Police Department are authorized to enforce the provisions of this chapter.
B. 
Penalty. Any person who violates any provision of this chapter, or any regulations promulgated pursuant to this chapter, shall forfeit upon conviction thereof not less than $50 nor more than $1,000 for each separate offense, and each day or part thereof during which a violation occurs, or continues to occur, shall be deemed a separate offense.
C. 
Graduated enforcement to be used as follows:
(1) 
First offense (within a year): written warning; forfeiture of not less than $50 nor more than $100 together with the cost of prosecution and disposal (if applicable).
(2) 
Second offense (within a year): forfeiture of not less than $100 nor more than $150 together with cost of prosecution and disposal (if applicable).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Third offense (within a year): forfeiture of not less than $150 nor more than $1,000 together with the cost of prosecution and disposal (if applicable).[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Graduated enforcement may be waived for gross intentional violations. The amount of forfeiture will double for subsequent violations after the third offense.