ORD20011051COMMON COUNCIL- CITY OF MUSKEGO
ORDINANCE #lo51
0 AN ORDINANCE TO AMEND CHAPTER 9,SECTIONS 9.14(2),9.14(3)(a)aod
9.14 (3)(c)
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Open Fires Restricted)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1 : Chapter 9, Section 9.14 (2) of the Municipal Code of the City of Muskego,
Wisconsin is hereby amended to read as follows:
(2) LOCATION OF BURNING PROHIBITED: No person shall bum any materials of
any kind within 20 feet of the water edge, in drainage ditches, or on or along water courses. The
burning of cattails, prairies, canary grass, exotic weed species, brush or similar materials on, in or
near a lake, stream, or wetland is allowed with notice to the Muskego Police Department in
advance of a burn. Above burning is subject to provisions of Section (3).
SECTION 2: Chapter 9, Section 9.14 (3)(a) of the Municipal Code of the City of Muskego,
Wisconsin is hereby amended to read as follows:
(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
US. 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 cany 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 implements and personnel shall be available at the
scene while burning is in progress to control the fire.
0 SECTION 3: Chapter 9, Section 9.14 (3)(c) of the Municipal Code of the City of Muskego,
Wisconsin is hereby amended to read as follows:
(c) Small outdoor fires for cooking, ceremonies, or recreational camp fires shall be
allowed.
SECTION 4: 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 are
hereby repealed as to those terms that conflict.
SECTION 5: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 9th DAY OF January ,2001
David L. De Angelis, Mayor
ATTEST:
First Reading: 12/12/00
Published on the 18th day of
January, 2001
12/00jmb
L MUSKEG0 POLICE DEPARTMENT MEMORANDUM
TO: Mayor David De Angelis
Public Services Committee
FROM: Chief John Johnson
DATE: November 16,2000
RE: Revised Burning Ordinance - 9.14
Pursuant to your request from the Public Services meeting ofNovember, attached is the
suggested revisions of Chapter 9.14 Open Fires Restricted also known as the Burning Ordinance.
My definition of 20 feet from the “water edge” in my opinion will provide objective, specific
enforcement while protecting the lakes from pollution. I also took the opportunity to do some
“housecleaning” with the ordinance to clarify several other sections.
a 1 will further explain the suggested revisions at the December committee meeting
L 9.14 OPEN FIRES RESTRICTED
(2) LOCATION OF BURNING PROHIBITED: No person shall burn any materials of any
kind on lake shores and drainage ditches or on or along water courses. The burning of
cattails, prairies, canary grass, exotic weed species, brush or similar materials on, in or near
a lake, stream or wetland is allowed if they first obtain a burning permit from the
Wisconsin Department of Natural Resources and any other applicable governmental
agency and notify the Muskego Police Department at least 24 hours in advance ofa burn.
The applicant for said Wisconsin Department ofNatural Resources permit must follow all
Wisconsin Department ofNatural Resources guidelines and those of any other applicable
governmental agency and/or other City regulations included those stated in item 3 below:
Revised To:
(2) No person shall burn any materials of any kind within 20 feet of the water edge, in
drainage ditches, or on or along wafer courses. The burning of cattails, prairies,
canary grass, exotic weed species, brush or similar materials on, in or near a lake,
stream, or wetland is allowed with notice to the Muskego Police Department at
least 24 hours in advance of a burn. Above burning is subject to provisions of
Section (3).
(3) Outdoor burning regulated except as prohibited by Sections 1 and 2: Outdoor burning
within the City shall be allowed ass follows:
a. The burning of dry brush, dry leaves, dry plant clippings, dry limbs, dry
branches, dry logs or "boo" fires containing similar materials is allowed
subject to the following regulations (Ordinance #755 6-18-92)
c. Small outdoor fires for cooking, ceremonies, or recreational camp fires shall
be allowed.
STATE OF WSCONSmJ
Milwaukee County )
Official Notice .
) ss.
COMMON d Cl3 OF MLISKECO
ORDINANCE #I051 AN ORDINANCE TO MlEND CHAFTER 9,
OF THE MUNICIPAL CODE OF THE CITY
SECTIONS 9.14 lZl,9.l4l3lla~ and 9.14 fsllc)
OF MUSKEGO
(Open Fires Restricted)
MUSKEGO. WAUKESHA COUNTY. WISCONSIN, THE COMhiON COUNCIL OF THE CITY OF
DO ORDAIN AS FOLLOWS:
Municipal Code of the City of Muskego, Wibconsm
SECTION 1: Chapter 9. Section 9.14 I21 of the
IS hereby amended to read as followa:
(21 LOCATION OF BURNlNG PROHIBITED.
No person shall burn any materials of any kind
eh. or on or along water CDU~B~B. The burning oreat.
within 20 feet of the water edge. io drainage diteh-
brush or similar materlal~ on, in or near a lake.
toils. prair/es. canary grass. exotic weed species.
stream. or wetland ia ‘allowed with notice to the
Muskego Palice Department in advance of a burn.
Suzanne Sobczyk being duly sworn, doth depose and
say that she is an authorized representative of The
MUSKEGO SUN, a newspaper
published at MUSKEGO,
Wisconsin and that an advertisement of which the annexed
is a true copy, taken from the said paper, was published
therein on
.
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