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July 27, 2010 Town Board Meeting
AGENDA
TOWN BOARD - TOWN OF JACKSONPORT
Tuesday, July 27, 2010 at 7 p.m. at the Town Hall / Fire Station
Prior to the start of the meeting Town invoices will be available for review.
1. Call to order.
2. Pledge of Allegiance
3. Roll call
4. Approve Agenda
5. Minutes of previous meeting
6. Treasurer's report
7. Committee reports
a. Fire Advisory Committee
- New Committee Members
- Accelerate Capital Expenditure: Air Pac and Turn Out Gear
b. Community Marketing Funds Committee - update on Jacksonport website and brochure
8. Payment of accounts / budget update
9. Public Comment (3 min. max.)
10. County Board Report – Kari Anderson
11. Pending business (Discussion/Action)
a. Town Roads (including but not limited to)
- Painting lines on State Highway 57 in the Town core area
- Crack-filling
- Purchase an inventory of road signs to have on hand for emergencies
- Culvert drainage at 5679 Clark Lake Drive
b. Locks for Town buildings
12. New business (Discussion/Action)
a. Use of Town property off premises
b. Town insurance policies
c. The Jacksonport Fire Department is seeking Town Board approval of a donation letter to go out to the community
d. Storage for maintenance
e. Invasive species
f. Permit for boat launch on Clark Lake Ct.
f. Request for a donation of $7.15 to $10 to help defray the cost of our WTA Wisconsin hospitality at the Washington DC convention
13. Door County Planning Dept. (Discussion/Action)
a. Application for Conditional Use Permit (Applicant: Episcopal Church) – Tax Parcel No. 016-00-22292711C [The proposal is to construct an addition for use as a fellowship hall, small kitchen area, restrooms and some storage. A Conditional Use permit is required for this type of church addition. 18 parking spaces are required. All standards have been met.]
b. Petition for Zoning Amendment - Map (Applicant: Thomas Shepherd) – Tax Parcel No. 016-00-22292741G1 & G2 [Petition to rezone two lots from SE (Small Estate) to MC (Mixed Use Commercial).]
14. Reminders:
- Town recycling will be held the second and fourth Saturday during April through October from 10:00 a.m. – 1:00 p.m. at the ball field
- Please review; 31.18 OUTDOOR AND REFUSE BURNING AND FIREWORKS ORDINANCE FOR THE COUNTY OF DOOR, WI (attached to this agenda via email or a copy is available from the town clerk)
15. Correspondence
16. Agenda items for next month.
17. Adjourn.
Posted: July 20, 2010 Chairperson: Jeanne Majeski;
Clerk: Eileen Phetteplace
____Jacksonport Town Hall / Fire Station
____Bley's Grocery
____Mike's Port Pub
____Mr G’s Supper Club
____http://www.jacksonport.org
31.18 OUTDOOR AND REFUSE BURNING AND FIREWORKS ORDINANCE FOR THE COUNTY OF DOOR, WI
SECTION 1: PURPOSE:
1.0 Purpose. This ordinance is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the County of Door due to the air pollution and fire hazards of open burning, outdoor burning and refuse burning.
SECTION 2: APPLICABILITY:
2.0 Applicability. This ordinance applies to all outdoor burning and refuse burning within the County of Door. This county ordinance does not apply to incorporated municipalities. If a provision in a town ordinance in this county covers a provision contained in this county ordinance, the town ordinance controls.
2.1 This ordinance does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances, or campfires.
2.2 This ordinance does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in Section 4 of this ordinance.
2.3 This ordinance does not apply to the use of propane, acetylene, natural gas, kerosene, gasoline or other petroleum derivative in a device intended for heating, construction or maintenance activities.
SECTION 3: SEVERABILITY:
3.0 Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance should not be affected.
SECTION 4: DEFINITIONS:
4.0 Definitions.
4.1 "Campfire" means a small outdoor fire intended for recreation or cooking not including a fire intended for disposal of waste wood or refuse.
4.2 "Clean Wood" means natural wood, which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
4.3 "Confidential papers" means printed material containing personal identification or financial information that the owner wishes to destroy.
4.4 "Fire Chief' means the Chief of the applicable municipality, or other person authorized or designated by the Fire Chief.
4.5 "Outdoor Burning" means open burning or burning in an outdoor wood fired furnace.
4.6 "Open Burning" means kindling or maintaining a fire where the produces of combustion are emitted directly into the ambient air without passing through a stack or a chimney.
4.7 "Outdoor Wood fired Furnace" means a wood fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.
4.8 "Refuse" means any waste material except clean wood.
SECTION 5: GENERAL PROHIBITION ON OPEN BURNING, OUTDOOR BURNING AND REFUSE BURNING:
5.0 General prohibitions on outdoor burning and refuse burning. Open burning, outdoor burning and refuse burning are prohibited in the County of Door unless the burning is specifically permitted by this ordinance.
SECTION 6: MATERIALS THAT MAY NOT BE BURNED:
6.0 Materials that may not be burned.
6.1 Unless a specific written approval has been obtained from the Department of Natural Resources, the following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device.
6.2 Rubbish or garbage including, but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.
6.3 Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to the restrictions in Chapter NR 590, Wisconsin Administrative Code.
6.4 Asphalt and products containing asphalt.
6.5 Treated or painted wood, including but not limited to, plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
6.6 Any plastic material including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
6.7 Rubber including tires and synthetic rubber like products.
6.8 Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with the recycling ordinance except as provided in Section 12 of this ordinance.
SECTION 7: OPEN BURNING OF LEAVES, BRUSH, CLEAN WOOD AND OTHER VEGETATIVE DEBRIS:
7.0 Burning leaves, brush, clean wood and other vegetable debris. Open burning of leaves, weeds, brush, stumps, clean wood and other vegetative debris, is allowed only in accordance with the following provisions:
7.1 All allowed open burning shall be conducted in a safe nuisance free manner, when wind and weather conditions are such as to minimize adverse effects and not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.
7.2 Except for the barbecue, gas and charcoal grills, no open burning shall be undertaken during periods when either the Director of Door County Emergency Services, Fire Chief or the Wisconsin Department of Natural Resources has issued a burning ban applicable to the area.
7.3 Open burning shall be conducted only on the property on which the materials were generated or at a facility approved by and in accordance with provisions established by the Department of Natural Resources and the Fire Chief.
7.4 Open burning of weeds or brush on agricultural lands is allowed if conducted in accordance with other applicable provisions of this ordinance.
7.5 Fires set for forest, prairie or wildlife habitat management are allowed with the approval of the Department of Natural Resources.
7.6 Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are allowed provided that the fire is confined by a control device or structure such as barrel, fire ring, or fire pit. Bonfires are allowed only if approved by and in accordance with provisions established by the Fire Chief.
7.7 Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance of rights of way is allowed if approved by the Fire Chief and if in accordance with the other provisions of this ordinance.
7.8 Open burning under this section shall be conducted only following issuance of and in accordance with a permit issued under Section 13 of this ordinance.
7.9 Open burning under this section shall only be conducted at a location at least 100 feet from the nearest building, which is not on the same property.
7.10 Open burning shall be constantly attended and supervised by a competent person of at least eighteen (18) years of age until the fire is extinguished and is cold. The person should have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
7.11 No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or waterbody.
7.12 Except for barbecue, gas and charcoal grills, no burning shall be undertaken within 25 feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.
7.13 No open burning may be conducted on days when the Department of Natural Resources has declared an ozone action day applicable to the County of Door.
SECTION 8: BURN BARRELS:
8.0 Burn barrels.
A burn barrel may be used in the County of Door only in accordance with the following provisions:
8.1 The burn barrel shall not be used to burn any of the prohibited materials listed in Section 6 of this ordinance and may only be used in accordance with the provisions of Section 7 of this ordinance.
8.2 The burn barrel shall be located at least 100 feet from the nearest building that is not on the same property as the burn barrel. The burn barrel shall have vent holes above the ash line for combustion air and shall be covered with a heavy wire screen.
8.3 Small businesses, commercial enterprises, and industries may not use burn barrels or engage in other kinds of open burning and may not be granted burning permits by municipalities. However, the prohibition on burn barrels does not apply to small businesses in which the owners reside at the same location and cannot separate their business waste from their household waste.
SECTION 9: OUTDOOR WOOD-FIRED FURNACES
9.1 The outdoor wood-fired furnace must be approved and employed for use as a furnace in accordance with the applicable and accepted codes, laws, regulations and rules.
9.2 The outdoor wood-fired furnace shall not be used to burn any of the prohibited materials listed in section 6 of this ordinance.
9.3 The outdoor wood-fired furnace shall be located at least 100 feet from the nearest building which is not on the same property as the outdoor wood-fired furnace.
9.4 The outdoor wood-fired furnace shall have a chimney that extends at least as high above the ground surface as the height of the roof of the building which it serves. A lesser height may be approved on a case-by-case basis, if necessary, to comply with manufacturer’s recommendations and if the smoke from the lower chimney height does not create a nuisance for neighbors.
9.5 The owner or occupant of the property shall obtain a one-time permit from the Fire Chief, Town Chairperson or designee before using the outdoor wood-fired furnace.
SECTION 10: FIRE DEPARTMENT PRACTICE BURNS:
10.0 Fire department practice burns.
Notwithstanding Sections 5 and 6 of this ordinance, the Fire Department may burn a standing building or other such substances as deemed appropriate by said department if necessary for fire fighting practice and if the practice burn complies with the requirements of the Department of Natural Resources.
SECTION 11: FIREWORKS:
11.0 It shall be unlawful for any person, organization, business or corporation to light or maintain any illegal fireworks, except fireworks for public display in compliance with state law shall be permitted after obtaining all state and local permits.
SECTION 12: EXEMPTION FOR BURNING CERTAIN PAPERS:
12.0 Exception for burning certain papers. Notwithstanding Subsection 6.17 of this ordinance, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this ordinance.
12.1 Small quantities of confidential papers from a residence may be burned, if necessary, to prevent the theft of financial records, identification or other confidential information.
12.2 A fire set for burning of a small quantity of confidential papers shall be subject to and comply with Subsections 7.1-7.3, 7.6, and 7.11-7.13 of this ordinance.
SECTION 13: BURNING PERMITS:
13.0 Burning permits.
No person shall start or maintain any open burning without a burning permit issued by the Fire Chief, Town Chairman, or a designee of said official. An outdoor campfire does not require a permit provided that the fire complies with all other applicable provisions of this ordinance.
13.1 Any person responsible for burning leaves, brush, clean wood or other vegetative debris under Section 7 of this ordinance shall obtain a one time burning permit before starting the fire.
13.2 When weather conditions warrant, the Director of Door County Emergency Services, Fire Chief or the Department of Natural Resources may declare a burning moratorium on all open burning and temporarily suspend previously issued burning permits for open burning.
13.3 A burning permit issued under this section shall require compliance with all applicable provisions of this ordinance and any additional special restrictions deemed necessary to protect public health and safety.
13.4 Any violation of the conditions of a burning permit shall be deemed a violation of this ordinance. Any violation of this ordinance or the burning permit shall void the permit.
SECTION 14: LIABILITY:
14.0 Liability. A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire, irrespective of whether a burning permit is issued.
SECTION 15: RIGHT OF ENTRY AND INSPECTION:
15.0 Right of entry and inspection. The Fire Chief or any authorized officer, agent, employee or representative of the County of Door who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance. If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with Sections 66.122 and 66.123, Wis. Stats.
SECTION 16: ENFORCEMENT AND PENALTIES:
16.0 Enforcement and penalties.
16.1 Penalties.
Any person violating this ordinance shall:
A. Forfeit not less than $25.00 nor more than $250.00 for each offense; and;
B. Institute those remedial measures, summarily and/or within a defined time period, necessary to correct any violation.
C. Be enjoined or restrained from further violation.
D. Pay the fees, costs and disbursements incurred by County associated with prosecution of the action.
E. Each day a violation exists or continues constitutes a separate offense.
16.2 Enforcement.
A. Issuance of a citation pursuant to and in accordance with Sec. 66.0113 Wis. Stats. and Chapter 35 Door County Code.
B. Adoption of this Ordinance does not preclude the Door County Board of Supervisors from adopting any other ordinance relating to the same or other matter. An issuance of a forfeiture hereunder, shall not preclude the County or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
16.3 Reference to Statutes. Reference to specific statutory sections, whenever used in this Ordinance, shall mean Wisconsin Statutes as amended, modified, repealed or otherwise altered by the Wisconsin State Legislature.
16.4 Effective Date. This Ordinance shall be effective upon adoption and publication by the Door County Board of Supervisors as provided by law.
(Ord. 19.88; 6/28/88) (Ord. 20-88; 7/26/88) (Ord. 9-89; 3/28/89) (Ord. 2005-09; 5/24/05)
Permit for Outdoor Wood fired Furnace
Door County Code, Ch. 31 Sec. 9
Municipality Permit #
County of Door Version 1
Per Ch. 31-18, Sec. 9 of Door County Code of Ordinances, the undersigned permittee hereby agrees to the following:
SECTION 9, OUTDOOR WOOD FIRED FURNACES
9.1 The outdoor wood-fired furnace must be approved and employed for use as a furnace in accordance with the applicable and accepted codes, laws, regulations and rules.
9.2 The outdoor wood-fired furnace shall not be used to burn any of the prohibited materials listed in section 6 of this ordinance.
9.3 The outdoor wood-fired furnace shall be located at least 100 feet from the nearest building which is not on the same property as the outdoor wood-fired furnace.
9.4 The outdoor wood-fired furnace shall have a chimney that extends at least as high above the ground surface as the height of the roof of the building which it serves. A lesser height may be approved on a case-by-case basis, if necessary, to comply with manufacturer’s recommendations and if the smoke from the lower chimney height does not create a nuisance for neighbors.
9.5 The owner or occupant of the property shall obtain a one-time permit from the Fire Chief, Town Chairperson or designee before using the outdoor wood-fired furnace.
Applicant:
Mailing Address:
(Fire #, Road, City, Town or Village)
Parcel #:
I, as owner of the above named parcel upon which an outdoor wood fired furnace will be installed, agree to adhere to the requirements as set forth in this permit and the Door County Outdoor and Refuse Burning and Fireworks Ordinance. I acknowledge that I have received a copy of said Ordinance. I understand that this permit may be revoked upon sufficient evidence that the provisions as set forth have been violated.
Signed this day of , 20
Applicant Signature
Fire Chief/Town Chair/Designee Date of Issuance
Archive:
September 7, 2010 Town Board Meeting
August 24, 2010 Town Board Meeting
August 2, 2010 Jacksonport Parks Committee
July 27, 2010 Town Board Meeting
July 12, 2010 Jacksonport Advisory Fire Committee Meeting
June 28, 2010 Jacksonport Community Marketing Funds Committee Meeting
June 22, 2010 Jacksonport Town Board Meeting
June 7, 2010 Jacksonport Parks Committee
May 25, 2010 Town Board Meeting
April 27, 2010 Jacksonport Town Board Meeting