§ 38-35. Miscellaneous use provisions.

(1)

Careless smoking prohibited.

(a)

No person shall smoke or carry a lighted cigar, cigarette, or pipe, or light a match or other flame-producing device in any retail mercantile establishment, except in areas approved for such purposes by the AHJ. It shall be the duty of the person in charge of such an establishment to enforce the regulations of this section.

(b)

Smoking shall be prohibited in all rooms or parts of buildings which contain flammable liquids in open containers or in which flammable liquids are used in any manufacturing process or where vapors from the flammable liquids are present or sold.

(c)

A plainly printed notice of the provisions of this subchapter [section] shall be posted in a conspicuous place in all occupancies. Such printed notice shall also be posted in any place of public assembly where smoking is prohibited.

(d)

No smoking or use of flame-producing devices in schools or public libraries.

1.

No person shall light a match or other flame-producing device, smoke, or carry a lighted cigar, cigarette, or pipe in any school building or public library except in areas approved for such purpose by the AHJ. It shall be the duty of the person(s) in charge of such buildings to post and maintain approved signs bearing the words "no smoking" in locations designated by the AHJ.

2.

W.S.A., §§ 101.025(1), 101.123, 101.123(8) a, b is hereby adopted by reference as if fully set forth herein.

(2)

Fire damaged buildings (securing). All dwellings and buildings within the municipality damaged from fire shall be secured within 24 hours of release of the property by the AHJ. The owner of the damaged property shall assume the liability for the protection of the public until the property is secured.

(3)

Fireworks.

(a)

Definition. The definition of "fireworks" shall be stated in W.S.A., § 167.10, and the items listed in W.S.A., §§ 167.10(1)(f) and (j)—(n). "Caps" and "sparklers" as defined in W.S.A., §§ 167.10(1)(e) and (i), are excluded from this definition.

(b)

Sales. Except as provided in W.S.A., §§ 167.10(2) and (4), no person shall sell or possess with the intent to sell fireworks.

(c)

Use. Except as provided in W.S.A., § 167.10(3), no person shall possess or use fireworks without a user's permit issued pursuant to section (d) below.

(d)

User permit. As provided in W.S.A., § 167.10(3), fireworks user's permits may be issued for festivals or celebrations after proper application to the municipality. The AHJ shall require a certificate of liability insurance or similar proof of coverage on an amount deemed appropriate.

(e)

Use of caps and sparklers. No unlicensed person may use fireworks, caps, sparklers in a municipal park or at a fireworks display for which a permit has been issued if the display is open to the public.

(f)

Pyrotechnics. Pyrotechnics are prohibited in public buildings and places of employment unless authorized by the AHJ and shall be used in accordance with NFPA 1123.

(4)

High-piled combustible storage.

(a)

High-piled combustible storage must comply with section 2301 of the International Fire Code.

(b)

Definitions as found in section 2302 of the International Fire Code will be used for high-piled combustible storage.

(c)

Commodities shall be classified in accordance with section 2303 of the International Fire Code.

(d)

High-piled combustible storage areas shall be designated in accordance to section 2304 of the International Fire Code.

(e)

Housekeeping and maintenance of high-piled combustible storage areas shall be in accordance with section 2305 of the International Fire Code.

(f)

General fire protection and life-safety features shall be in accordance with section 2306 of the International Fire Code. Exception: Compliance with section 2306.7 [of the International Fire Code] is not required by this code. Note: This section may be required by the State of Wisconsin.

(g)

Solid piled and shelf storage shall be in accordance with section 2307 of the International Fire Code.

(h)

Rack storage shall be in accordance with section 2308 of the International Fire Code.

(i)

Automated storage shall be in accordance with section 2309 of the International Fire Code.

(j)

Specialty storage shall be in accordance with section 2310 of the International Fire Code.

(5)

Open burning.

(a)

Burning of any kind is restricted. Open air burning of yard waste shall be allowed during the following times: Tuesdays and Thursdays - From 3:30 p.m. to one-half hour after sunset; Saturdays and Sundays - From 7:00 a.m. to one-half hour after sunset.

(b)

Yard waste means leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls or ornamental Christmas trees.

1.

No person shall light a fire nor burn leaves or other material on any street or alley in the village.

(c)

Permissible burning.

1.

Grills: For other than one and two family dwellings, no hibachi, gas-fired grills, charcoal grill or similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony or under any overhanging portion of a building. Grilling on ground level is permissible provided that the grill is at least ten feet away from any structure. Smoke must not be a nuisance to neighbors, or public roadways. Listed electrical ranges, grills or similar electrical apparatus shall be permitted.

2.

Open fires, fire pits, and recreational fires shall comply with the requirements of NFPA 1 and the following requirements:

a.

Portable fire pits and open fires:

1)

Portable fire pits shall not be used or kindled on any balcony or under any overhanging portion or within ten feet of any structure.

2)

Portable fire pits must be placed on a non-combustible surface.

3)

Portable fire pits shall be listed by a nationally recognized testing organization or acceptable to the AHJ.

4)

Burning of yard waste or other refuse is prohibited; only clean, dry wood can be used.

5)

Flammable or combustible liquids shall not be used to ignite the fire.

6)

Smoke shall be limited and shall not become a nuisance to neighbors or public roads.

b.

Recreational fires (lined in-ground pit):

1)

Shall not be located within 25 feet of a structure or combustible material unless contained in an approved manner.

2)

The total fuel area shall not exceed three feet in diameter and two feet in height.

3)

Only clean, dry wood can be burned.

4)

Flammable or combustible liquids shall not be used to ignite the fire.

5)

Smoke shall be limited and shall not become a nuisance to neighbors or public roads.

c.

Open fires:

1)

Permitted open fires shall be located not less than 50 feet from any structure.

2)

Only clean, dry wood can be burned.

3)

Flammable or combustible liquids shall not be used to ignite the fire.

4)

Smoke shall be limited and shall not become a nuisance to neighbors or public roads.

d.

Bonfires:

1)

A permit must be obtained from the police department and are good only on the day they were issued.

2)

Wind must be less than nine miles per hour at time fire is to be set.

3)

Permit must be issued to landowner.

4)

It is illegal to burn tires, tire tubes, shingles or tar paper.

5)

Burn pile shall be located not less than 50 feet from any structure.

6)

The bonfire pile and area must be inspected by the fire and police chief or designee prior to issuing the permit.

7)

The flames of the bonfire must not exceed five feet in height above the approved burn pile.

8)

Bonfire must be out by midnight.

3.

All fires must be supervised at all times by an adult and have the proper means available to extinguish the fire. No fire shall be left unattended.

(6)

Possession of ignition devices.

(a)

Defined. Ignition device, for the purpose of this section shall be defined as:

1.

Matches.

2.

Lighters.

3.

Any other materials when used for the purpose of ignition.

4.

Minor: Any child under 18 years of age. (Cr. 06/18/96, 1646)

(b)

Possession prohibited. No minor may possess any ignition device, unless under the direct supervision of, or with direct permission of, a parent or legal guardian.

(c)

Delivery prohibited. No person may sell, give, deliver or make accessible (as determined by the AHJ), any ignition device to a minor without the permission of the minors parent or legal guardian.

(d)

Confiscation. Any ignition device possessed by a minor may be confiscated by any peace officer, fire chief or authorized designee of the fire chief. Once confiscated, these ignition devices shall become the property of the confiscating authority and shall be processed accordingly as evidence in the commission of a crime or made inoperable and disposed of properly.

(e)

Penalty.

1.

Any person who shall violate any of the provisions of this section shall for each and every violation, be punishable by forfeiture, plus any costs or surcharges as required by law.

2.

In addition to any other penalties provided for in this code, the judge of any court of any competent jurisdiction may order any person found guilty of violating this ordinance to any educational program as the court deem appropriate and include as part of the penalty therein that such person pay the costs of such educational program.

(7)

Christmas tree sales. For the purpose of this paragraph, the following minimum standards shall apply to the storage, handling, and display of live Christmas trees and foliage.

(a)

Trees and foliage shall be stacked not closer than ten feet from any gasoline pump or other device for the transfer of petroleum products.

(b)

Aisles or clear spaces of not less than three feet shall be maintained at all times.

(c)

A fire extinguisher with a 2A-10BC rating or greater shall be provided by the merchant for each 75 feet of travel display and/or storage area.

(d)

All storage and sales of live Christmas trees and foliage shall be held outside of buildings.

(e)

It shall be unlawful to light a match or any flame-producing device, or to smoke or carry a lighted cigar, cigarette, or pipe in areas where live Christmas trees or foliage is displayed, sold, or stored. The person in charge of the Christmas tree sales shall post a "no smoking" sign in locations designed to give persons entering the area a notice of this regulation.

(Ord. No. 829, § 1, 7-20-10; Ord. No. 861, § II, 7-17-12; Ord. No. 896, § I, 4-21-15; Ord. No. 939, § I, 10-17-17)