Category: Legal Ordinances
Source: classifiedsMMC.com
Listed: Fri Feb 21st
TOWN OF LINCOLN ( One week 2/19/25 ) Ordinance No. 2025-01 An Ordinance to Prohibit Commercial Open Burning in the Town of Lincoln Section 1. Title This ordinance shall be known and may be cited as the "Commercial Open Burning Ban Ordinance." Section 2. Purpose The purpose of this ordinance is to protect public health, safety, and the environment by prohibiting commercial open burning within the Town of Lincoln, reducing air pollution, minimizing fire hazards, and promoting sustainable waste management practices. Section 3. Definitions For the purposes of this ordinance, the following definitions shall apply: (a) Commercial Open Burning: The burning of any material as part of a business, trade, industry, or any activity for financial gain, including but not limited to waste disposal, land clearing, and construction-related burning. (b) Town: The Town of Lincoln. (c) Person: Any individual, corporation, partnership, association, firm, governmental entity, or other legal entity. (d) Open Fire: Any fire that is not contained in an enclosed or approved device such as a furnace, incinerator, or other equipment designed for combustion. (e) Prohibited Materials: Any materials deemed illegal to burn under state or federal law, including but not limited to plastics, rubber, treated wood, garbage, chemicals, and hazardous materials. Section 4. Prohibition (a) No person shall engage in or permit commercial open burning within the Town of Lincoln. (b) The prohibition shall include the burning of construction debris, industrial waste, yard waste from commercial operations, and any other materials related to commercial activities. (c) This prohibition does not apply to residential open burning conducted in accordance with Town and state regulations. Section 5. Exceptions The following activities are exempt from the provisions of this ordinance: (a) Fires set by or under the supervision of a public official or fire department for the purpose of fire prevention training, firefighting instruction, or the mitigation of fire hazards. (b) Agricultural open burning, provided it complies with all applicable state and federal laws and regulations. (c) Burning for the purpose of energy production in facilities approved and regulated by the appropriate authorities. Section 6. Permits and Enforcement (a) No permits for commercial open burning shall be issued by the Town of Lincoln. (b) The Town's Code Enforcement Officer or other designated official shall enforce this ordinance. (c) Violators of this ordinance shall be subject to penalties as outlined in Section 7. Section 7. Penalties (a) Any person found in violation of this ordinance shall be subject to a fine of not less than $500 and not more than $5,000 for each offense. (b) Each day a violation occurs or continues shall constitute a separate offense. (c) In addition to fines, violators may be required to reimburse the Town for any costs incurred as a result of enforcement, including but not limited to the cost of fire suppression. Section 8. Appeals (a) Any person aggrieved by a decision made under this ordinance may appeal in writing to the Town Board within 30 days of the decision. (b) The Town Board shall hear and decide appeals within 60 days of receipt. Section 9. Severability If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section I0. Effective Date This ordinance shall take effect upon its passage and publication as provided by law. Adopted by the Town Board of the Town of Lincoln on February 11, 2025 Signed: Bill Hassey, Chairman Bruce Richter, Supervisor Ken Fox, Supervisor Kimberly Simac, Supervisor Bill Marshall, Supervisor Attest: Shelly Sauvola, Clerk 2740 WNAXLP
Source: classifiedsMMC.com
Listed: Fri Feb 21st
TOWN OF LINCOLN ( One week 2/19/25 ) Ordinance No. 2025-01 An Ordinance to Prohibit Commercial Open Burning in the Town of Lincoln Section 1. Title This ordinance shall be known and may be cited as the "Commercial Open Burning Ban Ordinance." Section 2. Purpose The purpose of this ordinance is to protect public health, safety, and the environment by prohibiting commercial open burning within the Town of Lincoln, reducing air pollution, minimizing fire hazards, and promoting sustainable waste management practices. Section 3. Definitions For the purposes of this ordinance, the following definitions shall apply: (a) Commercial Open Burning: The burning of any material as part of a business, trade, industry, or any activity for financial gain, including but not limited to waste disposal, land clearing, and construction-related burning. (b) Town: The Town of Lincoln. (c) Person: Any individual, corporation, partnership, association, firm, governmental entity, or other legal entity. (d) Open Fire: Any fire that is not contained in an enclosed or approved device such as a furnace, incinerator, or other equipment designed for combustion. (e) Prohibited Materials: Any materials deemed illegal to burn under state or federal law, including but not limited to plastics, rubber, treated wood, garbage, chemicals, and hazardous materials. Section 4. Prohibition (a) No person shall engage in or permit commercial open burning within the Town of Lincoln. (b) The prohibition shall include the burning of construction debris, industrial waste, yard waste from commercial operations, and any other materials related to commercial activities. (c) This prohibition does not apply to residential open burning conducted in accordance with Town and state regulations. Section 5. Exceptions The following activities are exempt from the provisions of this ordinance: (a) Fires set by or under the supervision of a public official or fire department for the purpose of fire prevention training, firefighting instruction, or the mitigation of fire hazards. (b) Agricultural open burning, provided it complies with all applicable state and federal laws and regulations. (c) Burning for the purpose of energy production in facilities approved and regulated by the appropriate authorities. Section 6. Permits and Enforcement (a) No permits for commercial open burning shall be issued by the Town of Lincoln. (b) The Town's Code Enforcement Officer or other designated official shall enforce this ordinance. (c) Violators of this ordinance shall be subject to penalties as outlined in Section 7. Section 7. Penalties (a) Any person found in violation of this ordinance shall be subject to a fine of not less than $500 and not more than $5,000 for each offense. (b) Each day a violation occurs or continues shall constitute a separate offense. (c) In addition to fines, violators may be required to reimburse the Town for any costs incurred as a result of enforcement, including but not limited to the cost of fire suppression. Section 8. Appeals (a) Any person aggrieved by a decision made under this ordinance may appeal in writing to the Town Board within 30 days of the decision. (b) The Town Board shall hear and decide appeals within 60 days of receipt. Section 9. Severability If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section I0. Effective Date This ordinance shall take effect upon its passage and publication as provided by law. Adopted by the Town Board of the Town of Lincoln on February 11, 2025 Signed: Bill Hassey, Chairman Bruce Richter, Supervisor Ken Fox, Supervisor Kimberly Simac, Supervisor Bill Marshall, Supervisor Attest: Shelly Sauvola, Clerk 2740 WNAXLP