9.11 BURNING REGULATED.

(1) DEFINITION. “COMBUSTIBLE MATERIAL” used in this section means any substance that is capable of burning.

(2) BURNING PROHIBITED. No person shall cause any combustible material, nauseous or offensive material, garbage, or petroleum based material to be ignited or knowingly allow to burn, except as otherwise herein provided.

(3) EXCEPTIONS. The following shall be excepted from Subs. (2) of this section:

(a) Burning in any incinerator or other device used for the burning of combustible materials, which shall be so maintained and operated that combustible materials placed therein cannot escape therefrom during the process of burning.

(b) Burning in a furnace, fireplace, stove or other similar device located within a dwelling house or structure.

(c) Outdoor cooking, when done in a suitable receptacle so as not to expose persons or property to danger of fire.

(d) The burning of small amounts of dry combustible and non-offensive yard debris,shall be excepted from September 16 through June 14 of each calendar year provided, however, this subsection shall not be interpreted to allow the burning of garbage, noxious materials, or offensive materials, or petroleum based materials at any time. It is further provided that the aforestated allowable burning shall be subject to the following limitations:

(i) There shall be on-site supervision of any burning by a person eighteen years of age or older.

(ii) No burning shall take place nearer than 25 feet from any building, structure or edifice.

(iii) Water or other flame retardant shall be immediately available to the site of burning.

(iv) No burning shall take place nearer than 50 feet from any lake or stream.

(v) No burning shall take place in or on any highway, as defined in Sec. 340.01(22), Wis. States.

(e) Any fire deemed to be a conflagration by the Fire Chief or his designee.

(4)EMERGENCY CONDITIONS. The exceptions set forth in (3) above, may be suspended by the Town Board at any time.

10.04 PUBLIC NUISANCES. The following acts, omissions, places, conditions, and things are specifically declared public nuisances; but such enumeration shall not be construed to exclude other nuisances.

(1)PUBLIC NUISANCES AFFETING HEALTH, WELFARE, AND ENJOYMENT OF PROPERTY.

(j) AIR POLLUTION.The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the Village in such quantities as to endanger the health of person(s)or other legal entities of ordinary sensibilities or threaten or cause substantial damage to property in the Village, except as otherwise authorized by the municipal code, specifically sec. 9.11 herein.