(a) Open Burning Prohibited. Except as provided in Subsection (c) below, no person shall engage in the open burning of any garbage, solid waste, grasses, or other refuse of any kind on any public property or private property located within the Village of Edgar. This prohibition on burning includes burning of construction waste and debris at construction sites and the use of burning barrels.
(b) Definitions. The following definitions shall be applicable in this Section:
(1) Garbage.
Discarded materials resulting from the handling, processing, preparation, storage, cooking and consumption of food, and discarded animal feces.
(2) Open Burning.
Burning from which the products of combustion are emitted directly into the air without passing through a stack or chimney.
(3) Refuse.
All matters produced from industrial or community life, subject to decomposition.
(4) Solid Waste.
Garbage, refuse, recyclable materials, grasses, 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.
(c) Exceptions. The following are exceptions to the prohibition against open burning:
(1) Outdoor Cooking Devices.
Outdoor cooking over a fire contained in a device or structure designed for such use is permissible. This includes 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 in an open pit. Approved cooking devices, such as but not limited to gas grills, charcoal grills, and electric grills, shall not be used above the first floor of any structure containing three (3) or more living units. Approved cooking devices in multi-family dwellings may be used on the first floor, provided a safe distance of fifteen (15) feet in any direction from combustible materials is maintained.
(2) Recreational Fire Rings; Permissible Burning Materials.
Recreational fire rings are permitted for persons living in one- or two-family residences subject to the following conditions:
a. Fire rings are to be constructed of steel no greater than thirty (30) inches in diameter and placed no less than six (6) inches above grade. Stone, concrete block or fire brick may be substituted for steel, subject to the same dimensions set forth for a steel fire ring.
b. Firewood, cut to no greater than twenty (20) inches in length, may be burned in the fire ring. This specifically excludes the burning of all other materials (i.e., cardboard, plywood, magazines, garbage, solid waste, plastic, rubber, treated wood, flammable liquids, or petroleum-based materials), with the exception of newsprint which may be used only to start the fire.
c. At no time may firewood used in the fire ring be stacked to a height greater than twenty-four (24) inches.
d. Recreational fire rings shall be extinguished by midnight.
(3) Portable Fire Rings.
Portable fire rings, defined as moveable devices commercially designed and intended to contain and control outdoor wood fires, may be used in accordance with the manufacturer's recommendations and subject to the requirements of Subsection (c)(2) above and must be used upon a non-combustible surface (dirt without vegetation, stone, gravel, concrete, brick, etc.) with an area twice the diameter of the portable fire pit.
(4) Controlled Burns.
Controlled burning of grass or similar vegetation for environ- mental management purposes, with the prior written approval of the Fire Chief, or his/her designee, may be permitted; this exception is not to be used for the burning of grass, leaves or other lawn debris.
(5) Ceremonial Bonfires.
Ceremonial campfire or bonfires, with prior written approval of the Fire Chief, or his/her designee, may be permitted.
(6) Other Special Occasions.
Other occasions of desirable outdoor burning not specified by this Subsection, but not as an alternative to refuse removal or disposal of which other methods are available, may be granted single occasion approval as in Subsections (b)(3) and (4) above.
(7) Open Burning by Permit.
Open burning made necessary by extraordinary circumstances when a permit is issued not contrary to this Chapter.
(d) Application for Open Burning Permit.
(1) Procedure for Issuance of Burning Permit.
Before the setting or starting of any open burning permitted under this Section, a written permit authorizing the bum shall be first obtained by the owner, operator, or agent from the Fire Chief or from such other person as may be authorized or designated by the Fire Chief to issue such permits. Application for a burning permit shall be made in writing upon a form furnished by the Fire Chief. The Fire Chief may also establish from time to time special rules or restrictions relating to open burning by permit. Such permit conditions may govern conditions including, but not necessarily limited to, the following:
a. Day(s) and hours when burning is allowed;
b. Material which may or may not be burned;
c. Whether open burning is allowed or whether burning is only allowed with an approved incinerator or burning device;
d. The length of time the permit is valid;
e. What constitutes an approved burning device or incinerator, if required;
f. The size of the material pile burned by open burning;
g. The distance or distances to be maintained between the material being burned and other flammable material and/or structures;
h. Supervision required for burning, including minimum age of supervisors and type of fire extinguishing equipment which must be present at the bum site; and
i. The manner in which ashes created by the burning under the permit are to be disposed of.
(2) Additional Fire Department Restrictions.
Any such restrictions as may be required by the Fire Department, if such restrictions are not specifically ordained in this Section, shall be effective in regulating burning within the Village, but only if such restrictions are stated on the burning permit issued or attached thereto. Any such restrictions required by the Fire Department which are not specifically ordained in this Section shall, provided they are printed on the face of the burning permit or attached thereto, be binding upon permit applicants; any violation of such restriction shall be punishable as violations of this Section.
(3) Issuance Of Permit.
If the Fire Chief, or his/her designee, finds that the proposed burning complies with all Village ordinances and the regulations contained in Ch. SPS 314, Wis. Adm. Code, he/she shall approve the application, and a burning permit shall subsequently be issued to the applicant. A copy of any burning permit, and the application therefore, shall be kept on file by the Fire Chief. No burning permit issued shall be valid for more than thirty (30) days from the date when issued.
(4) Notice to Permittee.
Each permit issued shall provide notice of this Section and of possible civil and criminal penalties for violation of this Section and of state and county regulations that may be applicable.
(e) Open Burning Regulations. The following regulations shall be applicable for all open burning, including fire rings and open burning by permit:
(1) All open burning shall be performed in a safe, pollution-free manner, when wind and weather conditions are such as to minimize adverse affects, and in conformance with local and state fire protection regulation. Open burning shall not be used to covertly bum plastic, construction debris or other prohibited materials.
(2) Startup of fires shall be accomplished by using kindling materials rather than waste oil, tires or other rubber materials.
(3) The size of the pile of material to be burned shall not exceed four (4) feet in any direction measured horizontally, or three (3) feet measured vertically.
(4) Open burning under this Section, including by permit, is prohibited on Sundays and holidays.
(5) The pile of material being burned shall be at least fifty (50) feet away from any structure, wood or lumber pile, wooden fence, trees, or bushes. Provisions shall be made to prevent the fire from spreading to within fifty (50) feet of such items or the fire shall otherwise be contained in an approved incinerator or burner device which is located at least fifteen (15) feet from any structure, wood or lumber pile, wooden fence, trees, or bush(es).
(6) Any ashes created by burning such material as is lawful under this Section are to be disposed of in a manner authorized by law.
(7) Open burning shall be constantly attended and supervised by a competent person of at least sixteen (16) years of age until such fire is extinguished. This person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire while burning and/or extinguishing such fire.
(8) No materials may be burned upon any street, curb, gutter, sidewalk, or drainage ditch.
(9) Permits shall not be issued for burning barrels or disposal of yard waste.
(f) Fire Hazard Conditions. The Fire Chief shall have the authority to ban all open burning when weather conditions are such that open burning would threaten life and/or property, or to order fires in violation of this Section to be extinguished.
(g) Penalties.
(1) The first time a person(s) is/are informed by the Fire Department that he/she is in violation of any provision of this Section, he/she will be directed to extinguish the fire. The enforcement authority issuing the directive shall record same in the daily log. Failure to comply with the directive shall result in a penalty imposed as herein provided.
(2) Any person, firm or corporation violating the provisions of this Section shall be subject to a forfeiture as prescribed in Section 1-1-6. Each violation and each day a violation continues or occurs shall constitute a separate offense. The imposition of a penalty under this Section shall not prohibit the Village from maintaining a separate action against the violator to secure monetary damage for any damage caused by the burning.