Chapter 32
BURNING, OUTDOOR
§ 32-1. Authority; permit required; purpose. § 32-6. Duties of permit holder.
§ 32-2.
Application process. § 32-7.
Revocation of permit.
§ 32-3.
Issuance of permit § 32-8.
Violations and penalties.
§ 32-4.
Exemptions § 32-9.
Severability
§ 32-5. Materials Permitted to be burned
HISTORY: Adopted by the Town Board of the Town of
GENERAL
REFERENCES
Citations –
See
Fire Protection and Emergency Medical Service – See
§ 32-1. Authority; permit
required; purpose. [1]
To protect the health, safety and welfare of the residents of the Town
and their property and pursuant to Wis Stats § 60.555, such other provisions as apply and this
chapter, every person shall apply for
and receive a burning permit from
the Town of Troy before any outdoor fire may be ignited in the Town of Troy
unless specifically exempted in this chapter, .
§ 32-2. Application process.
A. Permit application shall be
made on forms provided by the Town. Permits are issued only for the area
designated as being subject to the burning permit. Permits are issued on an
annual basis, and a separate permit shall be required for each different burn
location.
B. Required application
information shall include but not be limited to:
(1) Applicant name.
(2) Applicant address.
(3) All telephone numbers of
the applicant.
(4) The specific location of
the proposed burning area, road name and fire number.
C. A burning permit issued
under this chapter is non-transferable non-assignable as to person or
location. No person shall be issued a
burning permit who fails to deliver to the Town Clerk/Treasurer a fully
completed application containing all information required thereon.
§ 32-3. Issuance of permit.
A. An annual permit shall be
issued for by calendar year, beginning January 1 (or date of issuance) and
expiring on December 31. The permit shall be issued by the Town Clerk-Treasurer
or designee prior to any person igniting an outdoor fire in the Town of
B. There shall be no fee for
the annual permit. No daily permits shall be issued.
§ 32-4. Exemptions.
The following activities are exempt from this permit requirement:
A. Burning materials that are
contained and burned in a totally enclosed stove,
furnace or incinerator expressly designed to heat a home or accessory building.
B. Burning charcoal or other
combustible material for fuel for domestic cooking outdoors at a residence or
in public parks, in devices intended and built or manufactured for that
purpose. This exemption does not apply during a declared public fire
emergency.
C. Burning small amounts of
dry combustible rubbish in a burning barrel, in conformity with Wis. Adm. Code
Ch. NR 429, the requirements of which shall be included in the application
form. This exemption is limited to properties of 3 acres or larger and where
burning barrels are placed a minimum of 150 feet from all property lines. This
exemption does not apply during a declared public fire emergency.
D. Emergency fires used to
warm the person or to cook food.
E. Fires set by a fire
department for training, practice or fire-fighting purposes (back fires).
§ 32-5. Materials Permitted to be burned.
Materials, which may be burned with a permit, include charcoal, brush, wood,
non-treated lumber, unpainted lumber, paper, leaves and corrugated cardboard.
Materials not to be burned under any circumstances include wet or combustible
rubbish, garbage, oily substances, asphalt, plastic, rubber products and
treated or painted lumber.
§ 32-6. Duties of permit holder.
A. Notice to
B. When
a permit holder calls the
C. A
permit holder shall immediately report to emergency services any fire on
permitted premises in the Town of
D The
permit holder is responsible for management, containment and supervision of a
properly permitted fire at all times.
E. The
permit holder is responsible for adequate fire protection and fire prevention
activities at the requested or permitted burning location.
F. Install or maintain
adequate fire safety equipment during the requested or permitted use.
G. The permit holder shall
ignite and maintain only one fire at a time.
H. The permit holder shall not
leave any fire unattended.
I. While burning, the permit
holder must be able to answer the phone for the burn location using the phone
number provided to
§ 32-7.
Revocation of permit.
The Town Board or its designated representative may revoke a burning
permit at any time, and no person shall be reissued a burning permit in the
Town of
A. Abide by the § 32-5 Duties
of permit holder or any other provision of this chapter.
B. Prevent burning activities
not authorized by permit at the permitted burning location.
C. Prevent, at or near the
permitted burning location, the burning
in or of an area greater than three feet in diameter and
located within 15 feet of any property line without the express, advance
permission of the adjacent landowner.
D. Allow access to any
location for which a permit has been requested or issued by a member of the
Town Board, or designee for inspection purposes.
§ 32-8.
Violations and penalties.
A. Any person violating any
provision of this chapter or knowingly aiding or abetting another in the
violation thereof shall, upon conviction, pay a forfeiture as set by the Town
Board. The amount of forfeiture and costs shall be as set forth in Chapter 39,
Citations, of this Code. Each day in violation of this chapter constitutes a
separate offense. “Costs” shall include the actual costs of prosecution and the cost of any fire call not paid directly
to the fire department by the permit holder.
B. If a member of the Town
Board or designee finds any individual burning without a permit, the individual shall immediately
extinguish the fire until a permit has been
obtained, and it is a violation of this ordinance for such individual to
fail or refuse to do so after being so instructed by a representative of the
Town.
§ 32-9. Severability.
A judicial determination that any portion of this article is invalid
shall not invalidate the entire article but only the portion identified by the
court. Any such determination of invalidity shall not operate retroactively.
Revisions
approved by the Troy Town Board on March 13, 2008.
_____________________________________
Ray
Knapp, Town Chair date
Attest:
_____________________________________
Sharon
Provos, Town Clerk/Treasurer date
Published
in the