6.11 Outdoor Burning
(1) Definitions
“Open Burning” means any fire from which the products of combustion are emitted directly into the open air without passing through a chimney or stack. Open burning includes fires contained within metal burn barrels, but does not include the combustion occurring at a properly operated air curtain destructor.
(2) Prohibitions; exceptions
AAll open burning is prohibited in the Town of Norway except:
1Outdoor fires for cooking, ceremonies or recreation. Such fires shall not burn rubbish, garbage, trash, plastic, rubber, leather, asphalt, oily substances, petroleum-based materials, or any material that will create dense smoke or cause a nuisance, and shall not exceed a pit diameter of 6 feet.
2Backfires to control forest fires or fires set for forest or wildfire habitat management with approval of the Department of Natural Resources and Town where no reasonable alternative is available.
3Burning of trees, wood, brush or demolition materials excluding asphaltic or rubber material, using methods approved by the Department of Natural Resources (such as-air curtain destructors).
4Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance of rights-of-way outside of the Southeastern Wisconsin Intrastate AQCR.
5Fires burning clean, dry, combustible materials used to thaw the ground for street, sewer or underground repairs.
6Small open flames for welding, acetylene torches, safety flare, heating tar or similar applications.
7Fires set for practice and instruction of fire fighters, or testing of fighting equipment.
8Burning of brush or weeds on land located within the Town that is zoned farming or agricultural, including fires for cropland management, insect and rodent control, provided dense smoke is not created and no nuisance occurs.
9Burning of small amounts of dry leaves and dry plant clippings.
10Burning of explosive or dangerous material for which there is no other safe means of disposal.
11Burning at rural or isolated solid waste disposal sites outside of the Southeastern Wisconsin Intrastate AQCR which have been granted a written exemption under s. NR 506.04, or burning of special waste where permits are obtained from the Department of Natural Resources and Town.
12Burning of gaseous or liquid waste in a manner approved by the Department of Natural Resources and the Town.
BUnless subsections (2) A5 or (2) A6 are applicable, open burning on land within the Town that is zoned business or commercial is prohibited.
CRegardless of the applicability of any of the exceptions set forth in subsection (2)A open burning is prohibited in ditches draining into lakes or on frozen lakes. Open burning is also prohibited within 25 feet of any lakeshore.
DFuel for fires shall consist of dry material only and shall not be ignited with flammable or combustible liquids.
ENo person under the age of 16 years is allowed to ignite any fire without the supervision of an adult 21 years of age or older.
(3) Permits and Time Restrictions
AExceptions 1, 2, 3, 4, 5 and 6 contained in subsection (2) A have no time limit and do not require the approval of the Town.
BExceptions 7 and 8 contained in subsection (2) a have no time limit but require prior approval of the Town.
CException 9 contained in subsection (2) A is permitted only between the hours of 12:00noon and 7:00 p.m. prevailing time.
DExceptions 10, 11 and 12 contained in subsection (2) A require a written permit from the Town, the time for burning to be specified in said permit.
EExcept as noted below, an individual desiring to obtain a permit for open burning must first contact the Town Clerk’s Office. If personnel are not available to consider the request, the individual may then contact the Town Fire Department. Any individual seeking to schedule an agriculture burn should first contact the Town Police Department via the CountyDispatcher.
All requests for a written permit must be made to the Town Clerk who shall forward the request to the proper personnel. Any permit may impose conditions for the protection of life and property. A permit is only valid for the day specified, and may be revoked at any time upon good cause shown.
FOn such days when atmospheric conditions are unacceptable for burning, the Department of Natural Resources will issue an air pollution advisory. When such advisory has been issued, permission to burn under exceptions 7, 8, 9, 10, 11 and 12 shall not be granted. In addition, the Fire Chief shall have the authority to order that permission for any open burning not be granted when wind or weather conditions so dictate or other safety-related reasons exist for so ordering.
Wind conditions are subject to sudden change. When winds or wind gusts exceed 15 mph, as reported by the National Weather Service, no person shall ignite a fire regardless of whether permission was previously granted. All persons are responsible for checking wind conditions with the National Weather Service before igniting a fire and shall extinguish any fire already ignited when such wind conditions arise. ORD 2011-005 08/08/2011
ORD 99-5 4/28/99
GAny fire department or law enforcement officer may order any fire extinguished which is in violation of the outdoor burning ordinance, or when, in the opinion of the fire department or law enforcement officer, extinguishment is required for safety-related reasons.
(4) Liability
AAny person who kindles or starts a fire, whether or not a permit is required and issued pursuant to the provisions of this ordinance shall assume full responsibility for controlling, monitoring, and extinguishing the fire, and for any resulting damage or destruction to any property.
BThe Town of Norway or the Wind Lake Volunteer Fire Department shall not be responsible or liable by reason of issuance or revocation of any permit required by this ordinance nor for any costs, charges or damages resulting from any fire.