§ 92.36  RESTRICTIONS.
   (A)    An alternative to open burning is the citv compost site, which residents may use to bring leaves, brush and small branches.
   (B)   No burning is allowed on streets, sidewalks or other public rights-of-way without specific permission.
   (C)   The city shall not be held liable for any damages to health or property of anyone that was caused by smoke, ash, or fire. Any claims of health or property damage will be solely the responsibility of the person whose fire caused the damage.
   (D)   Open burning (permit required).
      (1)   The open burning of burnable organic matter shall be permitted from October 1 to November 15 of each year. A burning permit, issued by the City Clerk/Treasurer is required.
      (2)   The burning shall be conducted as far away as practical from any highway or public road and controlled so that a traffic hazard is not created.
      (3)   The fire is at least 25 feet from all structures and at least 75 feet from the high-water mark on any lakeshore property;
      (4)   A three-foot pit or ring (campfire type) for the fire or an above-ground fire pit no larger than 36 inches in diameter, with a screen that must be used at all times (cover optional);
      (5)   A fire extinguisher is available at all times while the fire is burning (a garden hose hooked up to a water supply is sufficient); and
      (6)   An adult must be present at all times until the fire is completely extinguished.
      (7)   Open burning fires must be immediately extinguished if they pose a fire safety risk, if they are not in compliance with the above, or when directed to do so by a police officer, firefighter, fire chief or DNR Officer.
      (8)   Fire Chief or City Clerk may choose to deny a burning permit at any time.
   (E)   Recreational fire/campfire (no permit required). Recreational fires are permitted within the city limits provided they follow the following rules:
      (1)   Recreational fires must be at least 25 feet from all buildings or combustible materials.
      (2)   The fire must be constantly attended by an adult until the fire burns out completely or is extinguished.
      (3)   A three-foot pit or ring (campfire type) for the fire or an above-ground fire pit no larger than 36 inches in diameter, with a screen that must be used at all times (cover optional).
      (4)   A minimum of one portable fire extinguisher or garden hose shall be readily available at all times until the fire is extinguished.
      (5)   The only materials permitted in a recreational fire are dimensional lumber, wood from trees, small branches, brush or charcoal.
      (6)   Recreational fires/campfires must be immediately extinguished if they pose a fire safety risk, if they are not in compliance with the above, or when directed to do so by a police officer, firefighter, fire chief or DNR Officer.
      (7)   The burning of leaves, paper, yard waste or garbage is prohibited. (A burning permit is required to burn brush or leaves--see § 92.36(D).)
   (F)   5+ acre burn/special permit required. This permit is limited to the following restrictions:
      (1)   Site map detailing location of burn must be provided with permit application. Fire Chief or representative may inspect location prior to issuing permit.
      (2)   Parcels five acres or larger.
      (3)   The location of the burn shall not be within 100 feet of anv structure (out building, residence, garage, etc.).
      (4)   Hours of the burn are limited to 6:00 p.m. - 8:00 a.m.
      (5)   An adult must be present during the entire burn. The permit must be on site and available for inspection if requested.
      (6)   Use a clean burning device to start the fire (oils, rubber and other similar smoke producing materials are prohibited).
      (7)   The prevailing winds, at the time of the burn, shall be away from nearby residences and buildings. Strong or gusty winds will cancel permit. No burning is allowed if wind is over 12 mph. (We encourage you to contact the National Weather Service for an up-to-date fire weather forecast prior to burning.
      (8)   Keep this fire under control and assume responsibility for all damages and costs (including fire department expenses if they are needed).
      (9)   The burn must be at least 75 feet from the high-water mark on any lakeshore (creek) property.
      (10)   A person shall not start or cause a fire to be started on any land that is not owned or under their legal control without written permission of the owner. Lessee or an agent of the owner or lessee of the land.
      (11)   Fires must be immediately extinguished if they pose a fire safely risk, if they are not in compliance with the above, or when directed to do so by a police officer, firefighter, fire chief or DNR Officer.
(Prior Code, § 1501.020)  (Ord. passed 9-22-1993; Ord. passed 12-3-1997; Ord. passed 10-3-2001; Ord. passed 6-9-2004; Ord. 2020-004, passed 8-5-2020) Penalty, see § 10.99