ORD20191435-Burning Final
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1435
AN ORDINANCE TO AMEND CHAPTER 191, SECTION 191-24.,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Outdoor and Refuse Burning)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 191, Section 191-24., of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
§ 191-24. Burning leaves, brush, clean wood and other vegetative debris.
Open burning of leaves, weeds, brush, stumps, clean wood, and other vegetative debris
is allowed only in accordance with the following provisions:
A. All allowed open burning and campfires shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions are such as to minimize adverse
effects and not create a health hazard or a visibility hazard on roadways, railroads,
or airfields. Open burning shall be conducted in conformance with all local and
state fire protection regulations.
B. Except for barbecue, gas, and charcoal grills, no open burning shall be undertaken
during periods when either the Fire Chief or the Wisconsin Department of Natural
Resources has issued a burning ban applicable to the area.
C. Open burning of weeds or brush on agricultural lands is allowed if conducted in
accordance with other applicable provisions of this article.
D. Fires set for forest, prairie, or wildlife habitat management are allowed with the
approval of the Department of Natural Resources.
E. Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are
allowed provided that the fire is confined by a control device or structure such as a
barrel, fire ring, or fire pit. Bonfires are allowed only if approved by and in
accordance with provisions established by the Fire Chief.
F. Burning of trees, limbs, stumps, brush, or weeds for clearing or maintenance of
rights-of-way is allowed if approved by the Fire Chief and if in accordance with
other provisions of this article.
G. In emergency situations such as natural disasters burning that would otherwise be
prohibited is allowed if specifically approved by the Department of Natural
Resources.
H. Open burning under this section shall only be conducted at a location at least 15
feet from lot lines.
Ordinance #1435
I. Open burning shall be constantly attended and supervised by a competent person
of at least 18 years of age until the fire is extinguished and is cold. The person shall
have readily available for use such fire-extinguishing equipment as may be
necessary for the total control of the fire.
J. No materials may be burned upon any street, curb, gutter, or sidewalk or on the ice
of a lake, pond, stream, or water body.
K. Except for barbecue, gas, and charcoal grills, no burning shall be undertaken within
10 feet from any combustible material, combustible wall or partition, exterior
window opening, exit access or exit unless authorized by the Fire Chief. Gas fire
pits are exempt.
L. No open burning may be conducted on days when the Department of Natural
Resources has declared an air quality watch or air quality advisory for ozone or fine
particle pollution applicable to the City of Muskego.
M. Wind velocity shall not be more than 15 miles per hour as recorded by the U.S.
Weather Bureau, Milwaukee, Wisconsin.
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 24DAY OF SEPTEMBER, 2019.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
ATTEST: First reading: September 10, 2019
_________________________
Clerk-Treasurer
Ordinance Published: October 2, 2019
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