FIRE AND TRASH BURNING ORDINANCE 

1. 1.01 General Prohibitions. 
2. (1) Except as provided in Section 1.02 of this ordinance, it shall be unlawful for any person to kindle, to cause to be kindled, or to permit the kindling of any fire upon, any land within the Town of Rutland. 

(2) No person shall kindle a fire during a burning ban issued by any of the three fire districts serving the Town of Rutland: Stoughton, Oregon and Brooklyn; or if the current fire conditions for Rutland and/or Dane County are in the DNR's High or Extreme Danger category. It is your responsibility to check the Fire Conditions map at 

https://apps.dnr.wi.gov/wisburn/#/FireDanger, or call 1-888-WIS-BURN (947-2876). This prohibition overrides the exemptions listed in section 1.02, including notifying your fire district. 

(3) No person shall handle burning material in a negligent manner. Burning material is handled in a negligent manner if, under the circumstances, the person knows or should know that his or her act or failure to act may cause damage to another's property. 

2. 1.02 Exceptions. 
3. (1) A fire may be kindled within the Town of Rutland notwithstanding the prohibition of Section 1.01 of this ordinance: 

1. (A) Where the sole purpose of the fire is to heat any building or to cook food and the fire is confined to a furnace, burner, stove or other enclosure to prevent its escape, and the appliance is approved by the Residential or Commercial Building or Mechanical code. 2. (B) Where the fire is confined to a metal barrel, trash can, incinerator, or other closed non-flammable container which has a heavy wire screen or cover attached to prevent the escape of any fire, sparks, embers or other material, and is under the control and care of the person who kindled it. 

3. (C) Where notification has been made to the Fire Department which services the area in which the fire is kindled of their intent to burn and the fire is under the constant control and attention of the person to whom the permit is issued until extinguished. A burning permit shall not exempt the holder from payment of any charges imposed by Section 1.03 of this ordinance if the services of any fire department are necessary to contain, suppress, or extinguish the fire. See map to find your fire district. 

(2) Neither this section nor any burning permit issued pursuant to this section shall be construed to allow any burning which is prohibited by any statute or administrative regulation. 

3. 1.03 Charges for Fire Suppression. 

The services rendered by any fire department to investigate, contain, suppress, or extinguish any fire which is kindled, controlled, or handled in violation of this ordinance may be charged to the property served at a rate of $350.00 (Aug. 2023) for the first hour or portion thereof with $250.00 (Aug. 2023) the charge for every succeeding hour portion thereof. Such special charge shall be due and payable within thirty (30) days of the date upon which the bill for services is sent to the property owner by regular U.S. mail. If it is not paid within such period, the delinquent charges shall become a lien on the property against which it is levied as of the date of such delinquency and shall automatically be extended upon the current or next tax roll as a delinquent tax. 

4. 1.04 Penalty. 

Any person who violates any provision of this ordinance shall be subject to a forfeiture of not less than $100.00 nor more than $1000.00 plus costs and any penalty assessment which may be applicable under Section 165.87, Wis. Stats. 

5. 1.05 Effective Date. 

This ordinance shall take effect on the day after it has been published or the day after proof of posting has been filed and recorded by the Town Clerk, whichever is earlier. 

This ordinance was adopted by the Town Board of the Town of Rutland at a regular meeting on the 6TH day of September, 2023.

Information received from: https://town.rutland.wi.us/wp-content/uploads/2020/02/Fire-Trash-Burning-Ordinance.pdf

We have no written ordinance restricting burning in the Town of Oregon. You must contact the Fire Department and advise them of a controlled burn if you feel someone may call it in as an emergency. You may NOT burn plastics, garbage, oil, tires, or other potentially toxic products. These rules are governed by the DNR, please contact them if you have concerns.

Information Received From: https://town.oregon.wi.us/frequently-asked-questions/

The Evansville Fire District’s policy states that a $500 response fee will be charged each time the fire trucks are dispatched. If you live in either the Evansville or Brooklyn Fire District and are planning a controlled burn, please call the Rock County nonemergency service number at 608-7572244 and notify them you are conducting a controlled burn. Residents of the Evansville Fire District should also call the Evansville Fire Department at 608882-9934 with the address, date and time of the burn, and materials being burned. Doing so will save you the cost of the $500 response fee in the event that someone reports your fire to the Fire Department. The response fee is charged whenever the trucks are dispatched, regardless of whether it is a controlled burn or not. If you are unsure which Fire District you live in, contact the Town Clerk. Many people report fires as they drive by using their cell phones, without knowing if the fire is controlled or not. The Fire Departments must respond to all calls.

Information Received From: www.tn.union.wi.gov/government/ordinances/?filter=ordinances

Open fires and open flame.

(A) Prohibitions; definitions. The term "open burning," as used herein, shall mean burning done outside of a building. Open burning is prohibited in the village without first obtaining a "fire pit" permit, with the following exceptions:
(1) Small outdoor fires used for cooking, provided they are contained within a grill designed for cooking or an outdoor fireplace with a screen to contain any embers produced by burning. The burning material should not contain yard waste or rubbish.
(2) Small open fires for welding, acetylene torches, safety flares, heating tar, or similar applications.
(3) No burning shall be allowed on or immediately adjacent to the surface of any blacktop street.
(4) All leaf burning is prohibited.
(B) Substances which may be burned. The following open burning may be conducted providing a burning pit permit is first obtained:
(1) Fires set for practice and instruction of firefighters, or the testing of firefighting equipment.
(2) The burning of small amounts of dry combustible rubbish not to include: wet combustible rubbish, garbage, oily substances, asphalt, plastic, or rubber products.
(3) The burning of trees, wood, limbs, stumps, brush, or leaves; provided, however, that such materials may be burned only in those areas zoned "agricultural" or by permission of the fire chief or designee.
Open burning procedures "fire pit."
(A) General. A campfire style fire may be made as long as the site has been preapproved by the fire chief or designee and a "fire pit" permit has been issued to the owner, operator, or agent from the fire chief or designee authorized to issue such permits.
(B) Requirements. The following are the requirements for construction of a "fire pit":
(1) Not nearer than ten feet to any building, in a substantial burner built of metal, concrete or brick, as approved by the fire chief or designee.
(2) The site should be ringed with stones of sufficient size and quantity to contain the fire.
(3) The site may not be located under any overhead wires.
(4) May not be more than four feet in diameter.
(5) At no point closer than ten feet from a building. At his discretion the fire chief or designee may require greater distances.
(6) Only wood may be burned, and may be stacked in a pile no larger than three feet high.
(C) Application for "fire pit" permit; procedure for issuance of fire pit permit. Application for a "fire pit" permit shall be made in writing upon a form furnished by the fire chief or designee authorized to issue such permits may also establish from time to time special rules or restrictions relating to open burning. Such rules may govern conditions, including, but not necessarily limited to, the following:
(1) Hours when burning is allowed.
(2) Material which may or may not be burned.
(3) What constitutes an approved burning device or incinerator.
(4) Supervision required for burning, including minimum age of supervisors and type of fire extinguishing equipment which must be present at the burn site.
(5) The manner in which ashes created by the burning under the permit are to be disposed of.
(6) Any such restrictions hereafter adopted by the fire chief which are not specifically ordained in this section shall, provided they are printed on the face of the burning permit or attached thereto, be binding upon permit applicants; any violation of such restriction shall be punishable as violations of this section.
(D) Issuance of permit. If the fire chief or designee authorized to issue such fire pit permits, finds that the proposed burning complies with all village ordinances and the regulations of the department of natural resources as set forth in the Wisconsin Administrative Code and Resgister, he shall officially approve the application, and a fire pit burning permit shall be subsequently issued to the applicant. A copy of any fire pit burning permit, and the application therefore, shall be kept on file with the fire chief and village clerk. If state approval is required, no local permit shall be issued until state approval is granted.
(1) Notice to permittee. Each permit issued shall provide notice of materials that may be burned and those which may not be burned and further notice to the permittee of possible civil and criminal penalties for violation of this section and of state regulations.
(2) Any ashes created by burning such material as is lawful under this section are to be disposed of in a manner authorized by law.
(3) Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until such fire is extinguished. This person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire while burning and/or extinguishing such fire.
(E) Outdoor fireplaces/chimeras units regulated.
(1) All outdoor fireplaces must be used according to manufacturer's recommended requirements.
(2) All fireplaces/chimeras must be equipped with screens or containment systems to prevent the release of embers or sparks. They must be equipped with supports to protect surfaces from heat generated by the units.
(3) All fireplaces/chimera units may only be used on concrete or other noncombustible surfaces. The use of a unit on a wooden deck, porch, patio, or under an overhang is prohibited.
(4) Only the burning of dry, non-treated wood is acceptable. No lawn clippings, construction materials, garbage, brush, or other yard waste is permitted.

Information Received From: https://library.municode.com/wi/brooklyn/codes/code_of_ordinances?nodeId=PTICOOR_CH12FIPR