ORD1973268ORD I NANCE # 268
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AN ORDINANCE TO REPEAL AND RECREATE SECTION 9.22
OF THE MUN ICIPAI- CODE OF THE CITY OF MUSKEGO
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN,
DO ORDAIN AS FOLLOWS:
SECTION I: Chal2ter 9.22 of the Municipal Code is
hereby repealed and recre3ted to provide as follows:
9.22 (I) Burning of Garbage and Trash Prohibited:
No person shall burn garbage, paper, putreciie materials,
buildings or otler structures or materials from razed
buildings within the City limits.
(2) Location of Burning Prohibited: No person shall
burn any materials of any kind on lake shores and
drainage ditches or on or along other water courses.
(3) Outdoor burning regulated excepx as prohibited
by Sections I and 2 : Oitdoor burning
within the City shall be allowed as 'follows: "
(a) The burning of dry brush, dry leaves, dry
plant clippings and other dry wood is a1 lowed subject
to the following regulations:
(I) 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 30 feet from any building, utility
pole, overhead wires or any other combustible material.
(4) Sufficient fire fighting implemets and
onnel shall be available at the scene while burning
n progress to control the fire.
(b) Buildings or other fires set for practice
instructior of firemen , or testing of fire-fighting
pment shall be under the supervision of the Fire
Department.
(c) Outdoor fires for cooking, cermonies, or
recreation shall be allowed.
(d) SMalI open flames for welding, acetylene torches,
safety flares, heating tar, or similar application shall
be allowed.
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(4) Emer encie:;. Whenever, because of extreme dryness
or dr&Tayor shal I deem it necessary to prohibit
the setting of fires 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
partthereof and/or have broadcast on radio-or T.V. ,
such notice, and after publishing or broadcasting of
such notice, no person shall set any fire upon lands
in suchzea excspt for warming the person or cooking
food until the "xpiration of such emergency.
(5) PENALTIES: Any person who shall violate any
provision of Municipal Code 9.22 as amended shall be
subject to penalties as follows:
(I) 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) 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 Dollars ($200.00)
together with the costs of prosecution, and in default
in the County Jail, but not exceeding ninety (90) days.
SECTION 2: All ordinances or parts of ordinances
inconsistent with or contravening this ordinance are hereby
repea I ed.
of payment of such forfeiture and costs shall be imprbned
SECTION 3: This ordinance shall be in full for ce and
effect from and after its passage and publication.
PASSED AND APPkOVED TH IS 2 3 DAY OF fl~tel,~~ , 1973.
ATTEST:
Clerk