The Town Board of the Town of Clyman,
Dodge County, Wisconsin, pursuant to section 60.555
of the Wisconsin Statutes, by this ordinance, adopted
by a majority of the town board on a roll call vote
with a quorum present and voting and proper notice
having been given, resolves and orders as follows:
I. OUTDOOR BURNING RESTRICTIONS
(1) Outdoor Burning Prohibited. No
person shall cause, allow or permit outdoor burning
of refuse, garbage, plant life or other combustible
material within the Town, except as permitted under
(2) Exceptions. A person shall be
permitted to perform outdoor burning within the
Town if any of the following apply:
(a) Outdoor burning in connection
with the preparation of food or recreational activities.
(b) Small outdoor flames for welding,
acetylene torches, safety flares, heating tar or
(c) Any outdoor burning which does
not exceed 12 feet in diameter.
(d) Any outdoor burning which exceeds
12 feet in diameter for which the person performing
the outdoor burning has contacted Dodge County Dodge
County Sheriff’s Office Dispatch non-emergency
line, currently 920-386-3726, in advance of the
(e) A fire set for the purpose of
training public or private firefighting personnel.
(f) A fire set or required by a public
officer for the abatement of nuisances and which
is necessary in carrying out public health functions.
(3) Placement. Any outdoor burning
must be located at least ten (10) feet from property
lines and at least ten (10) feet from any building
(4) Nuisance to be Extinguished.
Notwithstanding subsection (2), any fire deemed
to be a public health nuisance by the fire chief
or his or her designee shall be extinguished immediately.
(5) Emergency Provisions. Notwithstanding
any other provision to the contrary, the Fire Chief,
in times of extreme dryness or drought, deficiency
in the water supply or by reason of any other emergency
is authorized to prohibit the setting of any or
certain fires upon any lands within the Town by
providing published notice of the declared emergency
and the scope of the declaration on the date that
the emergency is declared to begin. Further, during
any response to a fire emergency, the Town of Clyman
Fire Department has the authority to order whatever
is necessary and expedient for the health, safety,
welfare, and good order of the Town of Clyman, including
restriction and removal of unnecessary traffic,
vehicular, or pedestrians.
(6) Modifications. The Fire Chief
shall have power to modify any of the provisions
contained in this ordinance upon application in
writing by the owner or the lessee, or his duly
authorized agent, when there are practical difficulties
in the way of carrying out the strict letter of
the ordinance, provided that public safety be secured
and substantial justice done. The particulars of
such modification when granted or allowed and the
decision of the Fire Chief thereon shall be entered
upon the records of the department and a signed
copy shall be furnished the applicant.
(7) Control of Outdoor Burning. No
person shall allow any outdoor burning to become
a public health nuisance.
(8) Penalty. Any person who shall
violate any of the provisions of this ordinance
or fail to comply therewith, or who shall violate
or fail to comply with any order made thereunder,
or who shall fail to comply with orders of the Fire
Chief shall be subject to a forfeiture of not less
than $200.00 and, in addition, for the actual costs
and expenses incurred by the Town in relation thereto,
including, but not limited to, the costs of prosecution.
(9) Severability. If any provision
of this ordinance is invalid or unconstitutional,
or if the application of this ordinance to any person
or circumstances is invalid or unconstitutional,
such invalidity or unconstitutionality shall not
affect the other provisions or applications of this
ordinance which can be given effect without the
invalid or unconstitutional provision or application.
The Town Clerk shall publish this
resolution under section 60.80 of the Wisconsin
Statutes in a local newspaper. This ordinance shall
become effective upon adoption by the Town Board
and the forfeiture penalties shall become effective