Section 1.
No person may ignite a fire, add combustible material to
a fire, or allow a fire to spread for the purpose of
open burning or burning of waste in violation of this
ordinance or any existing laws or restrictions. As used
in this ordinance, the term "burn barrel" means a metal
55-gallon drum or barrel, open at one end, which is used
to incinerate waste.
Section 2. Burning Permits.
(a)
Every person who undertakes burning allowed under this
ordinance shall first obtain a permit for the burning
activity from the Sun Prairie Volunteer Fire
Department.
(b) The
person seeking permission to burn shall provide the Fire
Department with the name, address, and phone number of
the person seeking the permit.
(c) The
applicant shall inform the Fire Department of the date,
time and location of the proposed burn, the type of
material being burned, and the precautions being taken
to contain the fire and avoid injury to people or damage
to property.
(d) A
permit shall be valid only for the date and time on
which it is granted.
(e) A
permit granted on the basis of false or erroneous
information is invalid and does not relieve the
applicant of the penalties provided in this ordinance.
(f) The
Fire Department may revoke a permit based on the
determination that the applicant provided false or
inaccurate information. The Fire Department may decline
to issue permits on the basis of prior incidents of
improper burning by the applicant.
(g)
There shall be no fee for burn permits.
Section 3. Restrictions on Permitted Burning.
No person issued a permit for open burning may use the
permit to burn materials under any of the following
circumstances:
(a) On
the road, streets, curb or gutter of streets.
(b) On
public property.
(c)
After sunset or on Sundays or legal holidays, except by
special advance permission of the Fire Department.
Section 4. Burning Prohibitions.
The Sun Prairie Volunteer Fire Department may, during
conditions of dry weather, high winds or other
circumstances, which make burning unusually hazardous,
prohibit all open burning of all kinds and revoke
already granted permits. All burning shall be
prohibited at any time when the Wisconsin Department of
Natural Resources has declared a fire emergency in the
Town.
Section 5. Open Burning Procedures.
All allowed open burning shall be conducted in a safe
manner, when wind and weather conditions are such as to
minimize adverse effects and in conformance with local
and state fire protection regulations.
Residents and persons, within the Town of Sun Prairie,
who have been issued a town permit, may engage in open
burning as follows:
(a)
Burning of brush or weeds on agricultural lands.
(b)
Fires set for practice and instruction of fire fighters,
or testing of fire fighting equipment.
(c)
Backfires to control forest fires or fires set for
forest or wildlife habitat management with approval of
the Department of Natural Resources where no reasonable
alternative is available.
(d)
Burning of explosive or dangerous material for which
there is no other safe means of disposal.
(e)
Burning of small amounts of dry combustible rubbish (not
to include wet combustible rubbish, garbage, oily
substances, asphalt, and plastic or rubber products)
except where prohibited by local ordinance.
(f)
Burning at rural or isolated solid waste disposal sites
outside of the Southeastern Wisconsin Intrastate Air
Quality Control Region, which have been approved under
s. NR 506.04, or burning of special waste where permits
are obtained from the Wisconsin Department of Natural
Resources.
(g)
Outdoor fires in fire rings or places for cooking,
ceremonies or recreation.
(h)
Burning of trees, limbs, stumps, brush or weeds for
clearing or maintenance of rights-of-ways.
(i)
Burning of trees, wood, brush or demolition materials,
excluding asphaltic or rubber material, using methods
approved by the Department of Natural Resources.
(j)
Small open flames for welding, acetylene torches, safety
flares, heating tar or similar applications.
(k)
Burning of gaseous or liquid waste in a manner approved
by the Department of Natural Resources.
(l)
Burning of small amounts of dry leaves and dry plant
clippings except where prohibited in section 6 of this
ordinance.
(m)
Campfires provided they are smaller than 36 inches in
diameter and contained within a ring of non-combustible
material such as stone, metal or concrete.
Section 6.
Residents of the Drover’s Woods Subdivision, including
Prospector Lane, may burn allowable materials only:
(a) In
one burn barrel per residential lot.
(b)
Such a burn barrel must be no larger than a 55-gallon
barrel,
(c)
Burning of leaves is not allowed.
Section 7.
This ordinance does not apply to burning conducted under
the following circumstances:
(a)
Burning conducted in stoves, furnaces, legal
incinerators, fireplaces or other devices, which are
approved by Underwriter’s Laboratories for burning
combustible materials.
(b)
Grilling or cooking using charcoal, mesquite wood or
other combustibles, in UL approved grilling or cooking
appliances and/or see Section 5(m).
(c)
Burning in a Burn Barrel located at least 25 feet away
from flammable structures.
Section 8. Management and Control.
(a) All
persons engaged in open burning are responsible for
containing the fire in the place in which it was set,
including suppression of sparks and embers.
(b) All
persons engaged in burning are responsible for assuring
that the fire is properly and completely extinguished
after the burning is concluded.
(c) All
burning conducted in the Town shall be under the control
of a responsible adult.
(d) All
persons who start a fire in the Town are strictly liable
for any and all damages caused by that fire.
(e)
Every property owner or occupant shall maintain their
property free of fire hazards. Upon receipt of a notice
from the Fire Department, any person who has allowed a
fire hazard to exist on their property shall immediately
take adequate steps to remove the fire hazard.
Section 9. Severability.
If any portion of this ordinance is determined to be
unlawful or invalid, the remaining portion shall stand.
Section 10. Penalties.
Any person who violates the provisions of this ordinance
shall forfeit the following sums:
(a)
Failure to obtain permit: fifty dollars ($50.00)
(b)
Failure to control fire: two hundred dollars ($200.00)
(c)
Failure to keep property free of fire hazard: one
hundred dollars ($100.00)
(d)
Causing injury to property through negligence in
handling of fire: five hundred dollars ($500.00).
ARTICLE THREE.
This ordinance shall take effect upon its publication in
the official newspaper.
Adopted: September 9, 2002
Published: September 19, 2002
Dated
this 9th day of September, 2002.
