Section 2.09. REGULATIONS FOR SETTING FIRES TO GRASS, ETC.
(1) Public Policy. The Village Board of the Village of River Hills does hereby declare that it is necessary in the interests of public safety, public welfare, the protection of property and the reduction of unnecessary expense in fighting grass fires, to regulate the matter of setting or starting fires for the burning of grass, hay, weeds, brush or other similar materials within the Village of River Hills.
(2) Responsibility. The word “person” as used herein shall include all persons, both real and corporate, and shall be deemed to hold responsible, under the terms of this section, all corporations, co-partnerships, associations, societies or other organizations of similar character. Such organizations shall be deemed responsible for the conduct of any or all of their officers, agents, servants or employees with respect to the matters referred to in this section.
(3) Permits Required; Application for Permit. No person shall undertake to burn or set fire to grass, hay, weeds, brush or other similar materials upon any premises within the Village of River Hills, without first making application for and obtaining a permit to burn or set fire to such materials.
[a] Permits for burning a pile of brush, grass, hay, weeds or other similar materials that are no larger than four feet (4’) in height and six feet (6’) in diameter shall be issued by the Chief of River Hills Police Department or his designee on forms provided by the village.
[b] Permits for burning brush, grass, hay, weeds or other similar materials in a pile that is larger than subsection [a] above, shall be issued by the Chief of the North Shore Fire Department on forms provided by the Department.
(4) Conditions for Issuance of Permit.
[a] Permits shall be issued only to the owner or occupant of the premises, or to a duly authorized agent thereof. The permit shall state the name of the applicant and the location of the premises upon which such fire is to be set, together with such directions and regulations as may be specified by the Chief of the Department issuing the permit. There shall be attached to such permit, or printed thereon, as may be determined to be most feasible, a copy of the general regulations for control and management of such fires.
[b] No permit shall be issued for the starting, burning or setting of any such fire at any location in the Village of River Hills which may be within a distance of 100 feet of any building or structure, or in any location or at any time where it is reasonable to anticipate that there is danger of the fire spreading in such manner as to endanger any land or buildings within the Village, whether such building or land be owned by the person starting the fire or otherwise.
[c] Any fire which may be started, pursuant to authority granted by such permit, shall be regulated and controlled in such manner as may be directed by the said Chief of the Department issuing the permit. Any failure to follow such regulations or directions shall be construed to be a violation of this section.
[d] Only one such permit for burning covered under the provisions of Section 2.09(3)[a] shall be issued for one day per premises per calendar week.
[e] Notwithstanding the provisions of 2.09(4)[d] above, a permit may be issued on a daily basis for burning of leaves only during the months of October and November.
[f] Notwithstanding the provisions of 2.09(4)(d) above, a permit may be issued on a daily basis to the holder of a special use permit issued under the Village of River Hills Zoning Ordinance for burning on a parcel that consists of at least thirty (30) contiguous acres in area during the months of November, February and March of any year. (Ord. 481, 4/15/03)
(5) Costs and Damages Incurred; Penalty.
[a] In addition to the penalty provided herein, any person convicted of violating the provisions of this section shall be required to pay all costs incurred by or on behalf of the Village and the North Shore Fire Department in extinguishing or attempting to extinguish such fire with its fire equipment or otherwise; and also, to reimburse any other owner of property for any loss or damage which may be sustained by such owner because of such misconduct.
[b] In addition to the requirements above set forth, any person found guilty of a violation of this ordinance, shall be subject to a forfeiture of not less than Ten ($10.00) Dollars nor more than Five Hundred ($500.00) Dollars, and the costs of the action; and in default of payment thereof, shall be subject to imprisonment in the County Jail or the House of Correction of Milwaukee County until such forfeiture and costs, together with any subsequent costs, have been paid, but in any event not to exceed thirty (30) days. (Rep. & Rec. Ord. 552, 3/9/22)