An Ordinance to amend Chapter 8.40 of the Code of Ordinances

for the Town of Dover, Racine County, Wisconsin

related to Open Burning.

Town Board of the Town of Dover, Racine County, Wisconsin does hereby amend Chapter 8.40 of the Code of Ordinances for the Town of Dover, as follows:

 Chapter 8.40

OPEN BURNING

Sections:

8.40.010 Open fires prohibited.

8.40.020 Definitions.

8.40.030 Restrictions.

8.40.040 Permission required.

8.40.050 Violations—Penalties.

8.40.010 Open fires prohibited.

All open fires are prohibited in the town except for:

A. Outdoor fires for cooking ceremonies and recreation. Such fires may not burn plastic, rubber, asphalt, oily substance or any materials that will create dense smoke or cause a nuisance;

B. Back fires to control forest fires or fires set for forest and wildlife habitat management as prescribed by governmental agencies;

C. Burning of trees, wood or brush in department approved air curtain destructors or by such other methods approved by the department;

D. Fires burning clean, dry combustible material used to thaw the ground for street or sewer repairs;

E. Fires set for the practice and instruction of firefighters or testing of fire- fighting equipment;

F. Burning of brush or weeds on agricultural lands including fires set for cropland management, insect and rodent control, provided dense smoke is not created and no nuisance occurs;

G. Burning of explosives or dangerous material for which no other safe disposable method exists;

H. Open fires for clean, dry, combustible refuse disposal on one- or two-family residential properties. The fires must be at least ten feet from the property line and may not burn wet, combustible rubbish, garbage, oily substances, asphalt, plastic, rubber products or any material which creates dense smoke or causes a nuisance. Where a business is operated from a home or an attached structure, no business refuse may be burned upon any conditions. (Ord. dated 1/9/95 § 15.11(1): prior code § 15.11(1))

8.40.020 Definitions.

A.  As used in this chapter the term “department” means the Racine County department of environmental control. (Ord. dated 1/9/95 § 15.11(4): prior code § 15.11(4))

B.  The following are the levels of Fire Danger as determined by the Wisconsin Department of Natural Resources:

1.         Extreme: Explosive conditions.  Fires start easily, burn fiercely and crown readily.  Often very difficult or impossible to control during the day.  Burning is not recommended.

2.         Very High: Very dangerous conditions.  Fires start easily, spread very rapidly, crown and spot.  Very difficult to control.  Burning is not recommended.

3.         High: Dangerous conditions.  Fires start readily from a match or sparks, spread quickly, and spot readily.  Difficult to control.  Burning is not recommended.

4.         Moderate: Fires start from a match or burning embers, spread quickly in dry grass or leaves.  Burn with extreme caution.

5.         Low: Fires will start from an open flame, spread slowly and absence of wind tend to go out.  The safest time to burn.

8.40.030 Restrictions.

A. Exceptions noted in Section 8.40.010 A through D have no time limit and approval of town fire protection authorities is not necessary.

B. Exceptions noted in Section 8.40.010 E and F have no time limits but do require prior approval of the town fire chief or duly authorized representative.

C. Exceptions noted in Section 8.40.010 G and H are permitted only between the hours of eight a.m. and seven p.m. prevailing time.

D. No church, school, manufacturing plant or business is permitted to burn trash or refuse of any kind on the ground in a barrel, in a wire cage or other open container except approved air curtain destructors. (Ord. 97-16 § 15.11(2): Ord. dated 1/9/95 § 15.11(2): prior code § 15.11(2))

E.  In the event the DNR has a rating of High or above, as set forth herein, a burn ban shall automatically be in effect for the Town of Dover, so long as such rating remains in effect.  No person or commercial enterprise shall engage in open burning during a burn ban, including those open fires excepted herein. Such rating shall be posted at the Kansasville Fire Department, and on the DNR website.

8.40.040 Permission required.

No person, firm or organization shall start or maintain open fire as described in Section 8.40.010 F, G or H without first obtaining permission to do so from the town fire chief or duly authorized representative, who shall grant such permission except in the following circumstances:

A. When the director of the department of environmental control has declared atmospheric conditions unacceptable for outdoor burning and has so notified the town fire chief;

B. When the town board has adopted a resolution declaring outdoor burning to be hazardous because of excessive dryness, unfavorable atmospheric conditions or other prevailing factors which would be conducive to the spread of fire. Such resolution shall remain in effect until its stated expiration period or until rescinded by the town board;

C. When the town fire chief, in his or her discretion determines that any of the conditions set out in subsection B of this section would make open burning unduly hazardous or that because of wind or proximity to buildings, the proposed burning would create a hazard to persons or property.

Such permission may be granted orally but the town fire chief shall cause to be kept a record of each permit granted setting out the name and address of the person to whom permission is granted and the date when and location where the burning is to take place. (Ord. dated 1/9/95 § 15.11(4): prior code § 15.11(3))

8.40.050 Violations—Penalties.

A. Any person, firm or corporation who shall violate any of the terms of this chapter shall, upon conviction, be subject to a forfeiture of not less than fifty dollars ($100.00) nor more than seven hundred fifty dollars ($1000.00) for an violation thereof with each day of violation constituting separate offense, together with any costs incurred by the town in controlling the fire.

B. If the court finds that the violation has a commercial motivation, then any person firm or corporation who shall violate any of the terms of this chapter shall, upon conviction, be subject to a forfeiture of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($5,000.00), together with any costs incurred by the town in controlling the fire. (Ord. dated 1/9/95 § 15.12(part): prior code § 15.12(part))