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 similar
(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 burning.
(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
(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 upon publication.