ORD20121348-Chapter9-Open Fires
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1348
AN ORDINANCE TO AMEND CHAPTER 9
SECTION 9.14 (3)
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Open Fires Restricted)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 9, Section 9.14 (3), of the Municipal Code of the City of Muskego
is hereby amended to read as follows:
9.14 OPEN FIRES RESTRICTED
(3) Outdoor burning regulated except as prohibited by Sections (1) and (2): Outdoor
burning within the City shall be allowed as follows:
(a) The burning of dry brush, dry leaves, dry plant clippings, dry limbs, dry branches,
dry logs or “bon” fires containing similar materials is allowed subject to the
following regulations:
(1) Wind velocity shall not be more than 15 miles per hour as recorded by the
U.S. Weather Bureau, Milwaukee, Wisconsin.
(2) Wind direction at time of fire shall be away from buildings, or other
combustible materials and structures and shall not carry smoke or soot
into any adjoining buildings, onto laundry hanging outdoors, or be the
source of annoyance by reason of smoke, fumes, or odors to persons or
property.
(3) The perimeter of an area of a grass or brush fire must be at least 50 feet
from any building, utility pole, overhead wires, or any other combustible
material.
(4) Sufficient firefighting implements and personnel shall be available at the
scene while burning is in progress to control the fire.
(b) Buildings or other fires set for practice and instruction of firemen, or testing of
fire-fighting equipment shall be under the supervision of the Fire Department.
(c) Small outdoor fires for cooking, ceremonies, or recreational campfires shall be
allowed. This shall include portable fire pits, which are certified by a nationally
recognized testing organization.
(1) The size of material burned shall not exceed 4 feet x 4 feet x 3 feet high.
(2) Shall not be located within 25 feet of a structure or combustible material.
(d) For other than one and two family dwellings, no hibachi, grill, or other similar
devices used for cooking, heating, or any other purpose shall be used or kindled on any
balcony, under any overhanging portion, or within 10 feet of any structure.
Ord. #1348 Page 2
(e) Small open flames for welding, acetylene torches, safety flares, heating tar, or
similar application shall be allowed.
SECTION 2: The several sections of this Ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other Ordinance whose terms are in conflict with the
provisions of this Ordinance is hereby repealed as to those terms that conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage
and publication.
TH
PASSED AND APPROVED THIS 28 DAY OF FEBRUARY , 2012.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
ATTEST: First reading: 12/13/2011
Deferred: 1/10/2012
_________________________
Clerk-Treasurer
12/11jmb
Notice of Newly Enacted Ordinance Published: March 8, 2012