[HISTORY: Adopted by the Common Council of the City of Markesan
as Ch. 9, Sec. 9.13, of the 1991 Municipal Code; amended by Ord. No. 212. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 400.
A.
It is the
intent of this chapter to create burning standards for residential
one- and two-family dwellings to insure the safety of life and property.
B.
No person shall burn or cause to be burned in the open the following:
(1)
Rubbish
or garbage, including, but not limited to, food wastes, food wraps,
packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, construction or demolition debris or other household
or business waste.
(2)
Waste oil or other oily wastes.
(3)
Asphalt and products containing asphalt.
(4)
Treated or painted wood, including, but not limited to, plywood,
composite wood products or other wood products that are painted, varnished
or treated with preservatives.
(5)
Any plastic material, including, but not limited to, nylon, PVC,
ABS, Polystyrene, or urethane foam, and synthetic fabrics, plastic
films and plastic containers.
(6)
Rubber, including tires and synthetic rubberlike products.
(7)
Newspaper, corrugated cardboard, container board, office paper and
other materials that must be recycled in accordance with the recycling
ordinances.
C.
No outdoor
wood burners shall be allowed for heating of any building.
[Added 4-14-2015 by Ord.
No. 233]
A.
Open burning is the process of burning any materials where the products
of combustion pass directly into the air without going through a chimney
or stack.
(2)
Fires that are permitted under Subsection C below are to be attended at all times by a responsible adult age 18 or older with immediate access to a garden hose attached to a functioning water supply and/or a fire extinguisher within the immediate vicinity.
(3)
The Fire Chief or his designee shall have the authority to prohibit
any or all fires when atmospheric conditions or local circumstances
make such fires extraordinarily hazardous. No burning shall be allowed
if wind conditions will cause smoke, embers, or other burning materials
to be carried towards any building or other combustible material.
B.
Outdoor burning permitted.
(1)
Gas and charcoal grills manufactured for the purpose of cooking food
are approved cooking devices. A "grill" is defined as a cooking utensil
on which food is exposed to red heat (as from charcoal or gas) between
bars. The operation of outdoor grills, fireplaces, and related cooking
equipment for food is permitted.
(2)
Only the burning of dry non-treated wood is acceptable.
(3)
Smoke from any fire shall not create a nuisance for neighboring property
owners. The fire shall be extinguished immediately upon the complaint
of the neighboring property owner of any smoke nuisance.
C.
Recreational fires. "Recreational fires" are defined as small campfires
on private property, small fires confined to pits, portable fire pits,
portable fireplaces, and chimneys. Requirements for having a recreational
fire that comply with this chapter regulating such fires are as follows:
(1)
All fireplaces/chimney units may only be used on concrete or other
noncombustible surfaces. The use of a unit on a wooden deck, porch,
patio or under an overhang is prohibited.
(2)
Material for recreational fires shall not include rubbish, garbage,
recyclable items, trash, any material made of or coated with rubber,
plastic, leather, or petroleum-based materials, and shall not contain
any flammable or combustible liquids. Only the burning of dry nontreated
wood is acceptable.
(3)
All recreational fires shall be attended at all times by at least
one responsible person of age 18 or older. The fire must be completely
extinguished before the fireplace is left unsupervised.
(4)
The renter/lessee of any rented/leased property shall provide signed
documentation from the legal property owner giving permission to have
a recreational fire on that property.
(5)
The property owner and/or person who has started any recreational
fire shall hold the City harmless from any and all such liability
for any damage caused by a recreational fire.
(6)
Any person who has started or maintains a recreational fire, as defined
herein, shall pay any and all costs incurred by the Fire Department
for any service-related call as a result of a recreational fire not
in compliance with the requirements of this section.
Upon receipt of a complaint, the Chief of Police shall contact
the Grand River District Chief if required or deemed necessary.
The penalty for violating this chapter shall be the general penalty provisions set forth in § 1-3 of the Code of the City of Markesan.
