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ORD1968115ORIiIlJANCE #115 PS AMENDED AN ORDINANCE TO REPEAL AND RECREATE SECTION 9.22 AND El.23 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0 RELATING TO OPEN FIRES THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOFJS : SECTION 1. Sections 9.22 and 9.23 of the Municipal Code of the City of Muskego are hereby repealed. SECTION 2. Section 9.22 and Section 9.23 of the Municipal Code of the Clty of Muskego are hereby rec1,eated to provide as follows: 9.22 OPEN FIRES RESTRICTED: (1) REGULATIONS FOR OPEN FIRES: All bon-fires or other fires shall be subject to the following regulations: a) The perimeter of an area of a grass or brush fire must be at least thirty (30) feet from any building, utility pole, overhead wires or any other combustible material. b) Wind direction ai: time of fire shall be away from buildings and other combustible materials or structures, and the wind velocity shall be not more than fifteen (15) miles Wisconsin. per hour as recorded by the U.S. Weather Bureau, Milwaukee, c) Fire fighting implements shall be available at the scene while burning is in progress. d) Sufficient personnel shall be present at the scene to control the fire. (2) REGULATIONS FOR BURH:[NG OF RAZED BUILDINGS: No materials from a razed building or :structure shall be burned, except as provided in Section 3 hereof, and, in addition, the following regulations shall be observed: a) The debris and materials from the building must be pushed in a pile located at least thirty (30) feet from any building, materials. fence, utility pole, overhead wires, or other combustible must be obtained from the Fire Department prior to burning. b) Inspection and a?proval of pile and materials to be burned e (3) SURI<Il\rG OF STANDING 3UILDINGS: PERMISSION REQUIRED: NO building or structure shall be burned in place, without permission of the building inspector and supervision of the burning by the Fire Department. (4) REGULATIONS FOR BURNING TRASH: a) Burning must be done in a trash burner container made of metal, masonry or concrete with a cover of fine metal screen. b) The trash burner nust be at least fifteen (15) feet from owner's property line, and burning shall be done at least thirty (30) feet from any building, fence, structure or other combustible material. c) Burning shall be done only when wind velocity does not Weather Bureau, Milwaukee, Wisconsin and when wi,nd direction exceed fifteen (15) miles per hour as recorded by the U.S. is such as will not carry smoke or soot into any adjoining building, unto laundry hanging outside of premises, or when it would be a source of annoyance by reason of smoke, fumes or odors to persons or property on or near the premises. .. 5 Ord. #115 Page 2 d) The burning of garbage or any other trash or materials not readily combustible is prohibited. the Mayor shall deem it necessary to prohibit the setting of fires (5) EMERGENCIES: Whenever, because of extreme dryness or drought, upon any land within the city, he shall by proclamation, declare an emergency and cause to be published in the official newspaper a notice forbidding the setting of fires within the city or any part thereof and or have broadcast on radio or T.V. such notice, and after publishing or broadcasting of such notice, no person * person or cooking food until the expiration of such emergency. shall set any fire upon lands in such area except for warming the 9.23 PENALTIES: Any person who shall violate any provision of this chapter shall be subject to penalties as follows: (1) Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Section 25.04 of this Code. (2) In addition to any penalty imposed for violation of Section 9.16 of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates Section 9.16 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with Section 895.035, Wis. Stats. (3) Any person who shall violate any provisions of this ordinance, which by reason thereof shall require the services of the Fire Department, shall upon conviction thereof pay a forfeiture of Two Hundred ($200.00) Dollars together with the costs of prosecution, and in default of payment of such forfeiture and costs are paid, but not exceeding ninety (90) days. SE:CTION 3. All ordinances or parts of ordinances inconsistent with or contravening this ordinance are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and after its publication and passage. Passed this 9 2 day of Approved this 9 day of Mayor I ATTEST: ORDINANCE if115 AN ORDINANCE TO REPEAL AND RECREATE OF THE CITY OF MUSKEG0 RELATING TO OPEN FIRES SECTION 9.22 and 9.230F THE MUNICIPAL CODE THE COMMON COUNCIL OF THE CITY 3F MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1. Sections 9.22 and 9.23 of the Municipal Code of the City of Muskego are hereby repealed. *SECTION 2. Section 9.22 and Section 9.23 of the Municipal Code of the City of Muskego are hereby recreated to provide as follows: 9.22 OPEN FIRES RESTRICTED: PERMIT REQUIRED any bon-fire or other exposed fire within the City, unless a permit (1) No person shall kindle, maintain or assist in maintaining therefor has been issued by the Chief, Assistant Chief, Captain, or Lieutenant of the Muskego Volunteer Fire Department or the Tess Corners Volunteer Fire Department. (2) APPLICATION FOR PERMIT: Application for a permit shall be made at the Department in the area in which the property on which the fire is to be started is located. The fee for such permit shall be in such amount as the Common Council shall from time to time determine. (3) KEGULATIONS FOR OPEN FIRES: All bon-fires or other fires shall be subject to the following regulations: (a) The perimeter of an area of a grass or brush fire must have bare vround within thirty (30) feet of any building, fence,tUtility pole, overhead wires or any other combustible material. (b) Wind Direction at ings and other combust wind velocity shall be hour. time of fire shall be away from build- ible materials or structures, and the not more than fifteen (15) miles per and garden hoses, shall be available at the scene while burn- (c) Fire fighting implements, including shovels, brooms ing is in progress. control the fire. (d) Sufficient personnel shall be present at the scene to e (4) REGULATIONS FOR BURNING OF RAZED BUILDINGS: No materials from a razed building or structure shall be burned, except as provided in Section 3 hereof, and, in addition, the following regulations shall be observed: in a pile located at least thirty (30) feet from any building, (a) The debris and materials from the building must be pushed fence, utility pole, overhead wires, or other combustible materials. (b) Inspection and approval of pile and materials to be burned must be obtained frorr. the Fire Department prior to burning. a (5) SURNI!\IG OF STANDING EUILDINGS: PERMIT REQUIRED: No building or structure shall be burned in place, except by permit issued in accord- ance with Section 1 and 2 herecf, and under the supervision of the Fire Department. (6) REGULATIONS FOR BURNING TRASH: e (a) Burning must be done in a fine metal screen in a covered trash burner made of metal, masonry or concrete. (b) The trash burner must be at least fifteen (15) feet from owner's property line, and burning shall be done at least thirty (30) fee-: from any building, fence, structure or other combustible material. exceed fifteen (15) m:iles per hour, and when wind direction (c) Burning shall be done only when wind velocity does not is such as will not carry smoke or soot into any adjoining building, unto 1aundr:q hanging outside of premises, or when it would be a source (of annoyance by reason of smoke, fumes or odors to persons o:r property on or near the premises. (d) The burning of gwbage or any other trash or materials not readily combustible is prohibited. vision of this chapter shall be subject to penalties as follows: 9.23 PENALTIES: Any pers3n who shall violate any provision pro- shall be subject to a penalty as provided in Section 25.04 of this Code. (1) Any person who shall violate any provision of this chapter (2) In addition to any penalty imposed for violation of Section destroy any public property shall be liable for the costs of replacing. 9.16 of this chapter, any person who shall cause physical damage to or or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates Section 9.16 may also be held liable for the cost of replacing or repairing such damaged or de- stroyed property in accordance with Section 895.035, Wis. Stats. e (3) Any person who shall violate any provision of this ordinance, which by reason thereof shall require the services of the Fire Depart- ment, shall upon conviction thereof pay a forfeiture of Two Hundred ($200.00) Dollars together with the costs of prosecution, and in default of payment of such forfeiture and costs are paid, but not exceeding ninety (90) days. SECTION 3. All ordinances or parts of ordinances inconsistent with or contravening this ordinance are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and after its publication and passa.ge. Passed this .day of > ,1968. " Approved this day of , 1968 -?9 i' > ATTEST : City Clerk