Sec. 3-2-10 Open Burning.
(a) Open Burning Prohibited. No person, firm or corporation shall build anyoutdoor fire within the corporate limits of the City of Elroy except as set forth in subsection b of this Section.
None of the exceptions listed below shall allow the burning of garbage, trash, leaves, woods with a chemical treatment (ex. railroad ties) or other materials to create a noxious or annoying smoke discharge, all of which are not allowed. All of the exceptions listed below are subject to the requirement that they shall be supervised by an adult 18 years or older. Upon complaint of two or more persons to the police department that the patio fireplace or recreational fire (as defined in paragraph 2 and 3 below) is causing annoyance, the person responsible for the fire shall immediately discontinue the use.
1. Outdoor cooking over a fire contained in a device or structure designed for such use;
2. Patio Fireplace. Patio Fireplaces are permitted in the City of Elroy as long as they are commercially purchased units that enclose the entire fire area within the patio fireplace. The chimney area and viewable area of the patio fireplace must be screened with a spark reduction device at all times the patio fireplace is in operation. The patio fireplace shall only burn a readily combustible fuel source that consists of wood, charcoal, or manufactured fireplace logs.
3. Recreational Fires. All recreational fires shall be in a below ground fire pit with a minimum depth of four (4) inches and a maximum diameter of four (4) feet; or in a portable (Weber-type) device that is placed upon a non- combustible surface and secured. The fire may not extend more than four (4) feet above the ground at any time. Burning materials must be contained within the fire pit enclosure at all times. All below ground fire pits shall be surrounded on the outside, above ground, by a non-combustible material such as concrete block, rock or metal. All recreational fires shall be at least 10 feet from any building.
4. Recreational fires at designated areas in the Emil O. and Ethel Hale SchultzPark.
5. Recreational or other fires as specifically authorized by the Common Council and the Fire Chief.
6. Fires authorized by the Fire Chief for purposes of training the Fire Department.
(c) Penalty. The penalties for violation of this Section shall be as set forth in Section 1-1-7 of the Code of Ordinances of the City of Elroy.
(d) Burning on Streets. No materials may be burned upon any street, curb, gutter or sidewalk.
(e) Liability. Persons utilizing and maintaining outdoor fires shall be responsiblefor any liability resulting from damage caused by his/her fire.