[HISTORY: Adopted by the Common Council of the City of Manawa as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-18-1993 as Title 5, Ch. 2, of the 1989 Code of Ordinances]
A. 
Fire Department established. The Manawa Fire Department shall be responsible for the program of fire defense for the citizens and property within the City of Manawa.
B. 
Goals of the fire defense program.
(1) 
The primary objective of the fire defense program is to serve all citizens, without prejudice or favoritism, by safeguarding, collectively and individually, their lives against the effects of fires and explosions.
(2) 
The second objective of the fire defense program is to safeguard the general economy and welfare of the community by preventing major conflagrations and the destruction by fire of industries and businesses.
(3) 
The third objective of the fire defense program is to protect the property of all citizens against the effects of fire and explosions. All property deserves equal protection, regardless of location or monetary value.
C. 
Organization. The Manawa Fire Department is authorized and directed to adopt bylaws for the control, management, government and regulation of its business and proceedings, which bylaws, and amendments thereto, shall be adopted by a two-thirds vote of Department members and confirmed by the Common Council.
D. 
Membership. The Fire Department of the City of Manawa shall consist of the Fire Chief, Assistant Chief, a Captain for each company, a Secretary-Treasurer, one master mechanic and as many nozzle operators, hydrant operators, ladder operators, hose line operators, traffic operators, drivers and pumping station operators who live within the district served by the Manawa Rural Fire Department as may be appointed by the Chief and approved by the Common Council, provided that at no time shall the Department consist of fewer than 22 active members.
E. 
Applications. Application for membership in the Department shall be filed with the Department Secretary. Each applicant shall also file a certificate of physical fitness from such physician as the Chief may designate. The name of any applicant appointed by the Chief as provided in the bylaws shall be presented to the Common Council for confirmation.
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Manawa Fire Department along the streets or alleys of such city at the time of a fire or when the Fire Department of the city is using such streets or alleys in response to a fire alarm or for practice.
A. 
Police authority at fires.
(1) 
The Chief and assistants or officers in command at any fire are hereby vested with full and complete police authority at fires. Any officer of the Department may cause the arrest of any person failing to give the right-of-way to the Fire Department in responding to a fire.
(2) 
The Fire Chief may prescribe certain limits in the vicinity of any fire within which no persons, excepting fire fighters and police officers and those admitted by order of any officer of the Department, shall be permitted to come.
(3) 
The Chief shall have the power to cause the removal of any property whenever it shall become necessary for the preservation of such property from fire or to prevent the spreading of fire or to protect the adjoining property, and during the progress of any fire the Chief shall have the power to cause the removal of all wires or other facilities and the turning off of all electricity or other services where the same impedes the work of the Department during the progress of a fire.
B. 
Fire inspection duties.
(1) 
The Fire Chief shall be the Fire Inspector of the City of Manawa and shall have the power to appoint one or more Deputy Fire Inspectors and shall perform all duties required of Fire Inspectors by the laws of the state and rules of the Department of Commerce, particularly W.S.A. s. 101.14.
(2) 
While acting as Fire Inspector pursuant to W.S.A. s. 101.14(2), the Fire Chief, or any officer of the Fire Department designated by the Fire Chief, shall have the right and authority to enter any building or upon any premises in the City of Manawa at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this Code, he or she may deem necessary. Should the Fire Inspector find that any provisions of this Code relating to fire hazards and prevention of fires are being violated or that a fire hazard exists which should be eliminated, it shall be the Fire Inspector's duty to give such directions for the abatement of such conditions as he or she shall deem necessary and, if such directions are not complied with, to report such noncompliance to the Common Council for further action.
(3) 
The Chief of the Fire Department is required, by himself or herself or by officers or members of the Fire Department designated by the Chief as Fire Inspectors, to inspect all buildings, premises and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of any law or ordinance relating to fire hazard or to the prevention of fires. Such inspections shall be made at least once in six months in all of the territory served by the Fire Department and not less than once in three months in such territory as the Common Council has designated or thereafter designates as within the city or as a congested district subject to conflagration and oftener as the Chief of the Fire Department orders. Each six-month period shall begin on January 1 and July 1 and each three-month period on January 1, April 1, July 1 and October 1 of each year.
(4) 
Written reports of inspections shall be made and kept on file in the office of the Chief of the Fire Department in the manner and form required by the Department of Commerce. A copy of such reports shall be filed with the Fire Chief.
A. 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the city, and no vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street, private driveway or other place to be used at any fire or alarm of fire without the consent of the Fire Department official in command.
B. 
Parking vehicles near hydrants. It shall be unlawful for any person to park any vehicle or leave any object within 10 feet of any fire hydrant at any time.
C. 
No parking near fire. It shall be unlawful for any person, in case of fire, to drive or park any vehicle within one block from the place of fire without the consent and authority of the Fire Chief or any police officer.
A. 
Entering adjacent property. It shall be lawful for any fire fighter, while acting under the direction of the Fire Chief or any other officer in command, to enter upon the premises adjacent to or in the vicinity of a building or other property then on fire for the purpose of extinguishing such fire, and in case any person shall hinder, resist or obstruct any fire fighter in the discharge of his or her duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting fire fighters in the discharge of their duty.
B. 
Destruction of property to prevent the spread of fire. During the progress of any fire, the Fire Chief or his or her assistant shall have the power to order the removal or destruction of any property necessary to prevent the further spread of fire, provided that it is inevitable that, unless such property is removed, other property is in danger of being destroyed by fire.
Every person who shall be present at a fire shall be subject to the orders of the Fire Chief or officer in command and may be required to render assistance in fighting the fire or in removing or guarding property. Such officer shall have the power to cause the arrest of any person or persons refusing to obey said orders.
Whenever there shall be a fire or fire alarm or the Fire Department shall be out for practice, every person driving or riding in a motorized or other vehicle shall move and remain to the side of the street until the fire engine and fire truck and other fire apparatus shall have passed.
No person shall occupy any portion of such streets or alleys with a motorized or other vehicle between such fire engine or fire truck or other fire apparatus and any hydrant to which a fire hose may be, or may be about to be, attached.
[Adopted 11-16-2020[1]]
[1]
Editor's Note: This ordinance also superseded former § 152-9, Open burning, as amended.
A. 
Introduction. Most communities in Wisconsin regulate outdoor burning and/or refuse burning in some fashion for the purpose of preventing wildfires, preventing air pollution problems or both. This article is intended to promote and protect the health, comfort, living conditions, safety, and wellbeing of the citizens of the City of Manawa through regulating the practices of outdoor burning and recreational burning. Outdoor burning and refuse burning are prohibited in the City of Manawa unless the burning is specifically permitted by this article.
B. 
Definitions. The following words, terms and phrases, whenever they occur in this article, shall have the meanings ascribed to them by this section:
BONFIRE
Any large, open fire kindled and maintained to mark a public, school, or religious event, celebration or similar occurrence which only uses large amounts of dry unpainted and untreated wood as burning material and which satisfies the conditions set forth in this article.
BURNING
To undergo a rapid combustion or to consume fuel in such a way as to give off heat, gases and usually light. Combustion is the scientific name for burning.
CAMPFIRE
A small outdoor fire intended for recreational or cooking, not including a fire intended for disposal of waste wood or refuse. Campfires, charcoal grills shall be no larger than three feet by three feet and with a flame no higher than four feet from the burning surface.
CLEAN WOOD
Natural wood, which has not been painted, varnished, or coated with similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or composite wood products.
CONFIDENTIAL PAPERS
Printed material containing personal identification or financial information that the owner wishes to destroy.
CURTILAGE
The area or space surrounding a structure. Curtilage legally defines boundaries. A term to describe legal levels of privacy.
DWELLING
Any building or structure, except temporary housing, which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary, and sleeping facilities.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with the responsibilities of administering this article, or his authorized representative.
ENVIRONMENTAL BURNING
Open burning to dispose of seasonal environmental materials such as dry leaves, branches, and other dry yard debris and satisfies the conditions set forth in this article.
FAMILY
One or more persons occupying a single dwelling unit, provided that, unless all members are related by blood, marriage, or adoption, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as family.
FIRE CHIEF
The Chief of the Manawa Rural Fire Department or other person authorized by the Fire Chief.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
GRILLING COOKING
Cooking, using charcoal, wood, propane, or natural gas in a cooking or grilling appliance.
HOTEL/MOTEL
A building containing five or more units wherein sleeping accommodations are offered for pay to transients. Rooming houses are not included within the intent of this definition.
LAW ENFORCEMENT OFFICER
An individual who is specifically designated by the City of Manawa otherwise charged with the responsibilities of administering this article.
LIABILITY
A person utilizing or maintaining an outdoor fire shall be responsible for all fire-suppression costs and any other liability resulting from damage caused by the fire.
MULTIFAMILY DWELLING
A building containing three or more dwelling units or a structure containing one or more dwelling units in combination with a nonresidential use.
NUISANCE
An act that causes concern, discomfort or anxiety to the sense of another or any reasonable individual.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or chimney.
OPENABLE AREA
That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Any person who has charge, care, or control of a structure or premises which are let or offered for occupancy.
ORDINANCE
Compliance with all applicable provisions of this section and any special restrictions deemed necessary to protect public health and safety.
OUTDOOR SOLID-FUEL-FIRED HEATING DEVICES
Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or wastewater source.
OWNER
The owner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a building or premises, or their authorized agents.
PREMISES
A lot, plot, or parcel of land, including the buildings or structures thereon.
RECREATIONAL FIRES
Campfires, charcoal grills shall be no larger than three feet by three feet and with a flame no higher than four feet from the burning surface. Only clean, untreated, unpainted wood or charcoal shall be burned in a recreational fire. Burning of grass, leaves, or brush (to include pine branches) is prohibited and not considered a recreational fire. If the primary purpose of the fire is to dispose of the material being burned, it is not considered a recreational fire regardless of size. The fire shall not be left unattended. The fire shall be completely extinguished and cool to the touch before the area is vacated. Open burning for outdoor recreation and/or cooking purpose in an enclosure designed specifically for ember and flame containment, such as rocked pits, fireplaces, or barbecue grills which use only charcoal, propane gas, or dry, unpainted and untreated wood as the burning material and which satisfies the conditions set forth in this article.
REFUSE
Worthless or unwanted objects or materials; also known as "garbage," "rubbish" or "trash." Any waste material except clean wood.
RIGHT OF ENTRY AND INSPECTION
The Fire Chief, Fire Inspectors, any Law Enforcement Officers or their designees may inspect any property for the purpose of ascertaining compliance with the provisions of this section. Special Note: If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with § 66.122 and 66.123, Wis. Stats.
ROOMING HOUSE
Any building or any part thereof containing rooming units in which space is let by the owner or operator and having common bathroom facilities.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
RUBBER
Synthetic, rubber-like products. A durable elastic polymeric substance made from the latex of a tropical plant or synthetic material.
RUBBISH
Combustible and noncombustible waste materials, except garbage, and the term "rubbish" shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust, and other similar materials.
SINGLE-FAMILY DWELLING
A building containing a single family, or not more than five unrelated persons.
STRUCTURE
An object or building that is not movable by two or fewer adults and/or on a permanent foundation or concrete slab. A structure means an assembly of materials forming a construction for occupancy or use, including, among other things, buildings, stadiums, tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, trestles, piers, wharves, open sheds, coal bins, shelters, fences, and display signs.
TWO-FAMILY DWELLING, DUPLEX
A building comprising two single-family dwellings.
WEATHER CONDITIONS
Wisconsin Department of Natural Resources may declare a burning moratorium on any and all open burning and temporarily suspend previously issued burning permits.
YARD
An open unoccupied space on the same lot with a building extending along the entire length of a street or rear or interior lot line.
C. 
Enforcement; penalties. The Fire Chief, or his designee, and the City of Manawa law enforcement agents are authorized to enforce the provisions of this article. Any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in the penalty section of this code. Any violation of the conditions of a burning permit shall be deemed a violation of this section. Any violation of this section will force the burning permit to enter a null and void status. Chronic nuisance violators will be subject to suspensions of burning privileges for up to one year. Suspensions are at the sole discretion of the Fire and Police Chief or their designees.
A. 
Purpose. The purpose of this section is to prohibit or strictly control the burning of materials in the City of Manawa. The City recognizes that unregulated fires pose hazards which include air and water pollution that may result from such burning. This article is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the City of Manawa due to the air pollution and fire hazards of open burning, outdoor burning and refuse burning.
B. 
Prohibited acts; exemption.
(1) 
Prohibited acts. No person shall build or burn any bonfire or burn in the open any wood, grass, trash, rubbish or other material or permit the same to be done within the City of Manawa upon any public street, court or alley, or upon any premises. The use of outdoor portable incinerators, drums, barrels or other containers, or outdoor or inside fireplaces for the burning of leaves, trash, garbage or refuse is prohibited. Exemption may be made by written request to the Fire Chief and City Council.
(2) 
Exemption. The Manawa School District will be exempt from this article and may hold a bonfire once a year for the annual school district Homecoming celebration. The bonfire must take place on school district property, monitored by the Fire Department and last no more than four hours. Both the Fire Chief and Police Chief will have authority to bring the bonfire and the gathering to a closure in the event of adverse mitigating circumstances. There will not be a need for the Manawa School District to apply for a permit every year being that this is a reoccurring event. A formal permit application process has been waived by the Manawa City Council and is approved on a yearly basis as long as compliance is met with all guidelines and procedures. However, a written advisory notice will be sent to the Fire Chief, Police Chief, City Clerk and the Mayor. The correspondence shall include the date and time of such event and the emergency contact individual. The advisory notice will be made one month prior to the event.
C. 
Applicability; exemptions.
(1) 
Applicability. This article applies to all outdoor burning and refuse burning within the City of Manawa, Waupaca County, Wisconsin.
(2) 
Exemptions.
(a) 
This article does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
(b) 
This article does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in § 152-9 of this article.
(c) 
This article does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
D. 
Severability. Should any portion of this article be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected.
E. 
General prohibition on open burning, outdoor burning and refuse burning. Open burning, outdoor burning and refuse burning are prohibited in the City of Manawa unless the burning is specifically permitted by this article.
F. 
Materials that may not be burned.
(1) 
State administrative rules prohibit indoor or outdoor burning of the materials listed in § 152-10B with certain limited exceptions that require air pollution controls and a written approval obtained from the City of Manawa and/or the Manawa Rural Fire Department. A municipality does not have the discretion to allow burning of materials prohibited by state law.
(2) 
Unless a specific written approval has been obtained from the Department of Natural Resources, the following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device. The City of Manawa will not issue a permit for burning any of the following materials without air pollution control devices and written consent of an approval from the City of Manawa and/or Manawa Rural Fire Department.
(a) 
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 wastes.
(b) 
Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to the restrictions in Chapter NR 590, Wisconsin Administrative Code.
(c) 
Asphalt and products containing asphalt.
(d) 
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.
(e) 
Any plastic material, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(f) 
Rubber, including tires and synthetic, rubber-like products.
(g) 
Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with recycling ordinances.
G. 
Open burning of leaves, brush, clean wood and other vegetative debris.
(1) 
Burning leaves, brush, clean wood, tree stumps, and other vegetative debris.
(a) 
Open burning of leaves, weeds, brush, stumps, clean wood, trees, and other vegetative debris is prohibited during the following time periods:
[1] 
January 1 to March 31.
[2] 
June 1 to September 30.
[3] 
December 1 to December 31.
(b) 
Open burning of leaves, weeds, brush, stumps, clean wood and other vegetative debris is allowed only in accordance with the following time periods:
[1] 
April 1 to May 31.
[2] 
October 1 to November 30.
(c) 
Hours of burning within permitted time frames will be allowed from 6:00 p.m. to 10:00 p.m. in accordance with City ordinance.
(2) 
All allowed open burning 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, a nuisance or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.
(3) 
Except for barbecue, gas and charcoal grills, no open burning shall be undertaken during periods when either the Fire Chief, his designee or the City of Manawa has issued a burning ban applicable to the area.
(4) 
Open burning shall be conducted only on the property on which the materials were generated or at a facility approved by and in accordance with provisions established by the Fire Chief, his designee or the City of Manawa.
(5) 
Unless explicitly allowed elsewhere in this article, a commercial enterprise other than an agricultural or silvicultural operation may open burn only at a facility approved by and in accordance with provisions established by the Fire Chief, his designee or the City of Manawa.
(6) 
Open burning of weeds or brush on agricultural lands is allowed if conducted in accordance with other applicable provisions of this article.
(7) 
All burning shall be done with neighborly considerations constantly in mind. Amounts or plumes of smoke which contain unpleasant aromas and toxic compounds and which often include dioxins, furans, and carcinogens blowing and gravitating in the direction of the nearby residence is considered unneighborly. If the Fire Chief, Police Chief, or their designees, determine the existence of unhealthy conditions they may order the termination of the source of the smoke. It is the duty of the enforcement official to bring the situation to a level that ensures public safety, and a healthy and peaceful environment.
(8) 
Fires set for forest, prairie or wildlife habitat management are allowed with the approval of the Fire Chief, his designee and the City of Manawa.
(9) 
Outdoor campfires and bonfires for cooking recreation are allowed, provided that the fire is confined by a structure such as a barrel, fire ring, or fire pit.
(10) 
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.
(11) 
In emergency situations such as natural disasters, burning that would otherwise be prohibited is allowed if specifically approved by the Fire Chief, his designee or the City of Manawa.
(12) 
Open burning under this section shall only be conducted at a location at least 20 feet from the nearest building, dwelling or structure which is not on the same property.
(13) 
Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished per set hours and is cool to the human touch. The person shall have a continual supply of water readily available to reach the source of the fire. There shall be an adequate supply of garden hose readily available to reach the source of the fire. Fire extinguishers and other fire-retardant apparatus may supplement the source of your adequate water supply.
(14) 
No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or water body.
(15) 
Except for barbecue, gas and charcoal grills, no burning shall be undertaken within 20 feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.
H. 
(Reserved)
I. 
Fire Department practice burns.
(1) 
Fire Department practice burns shall adhere to all state administrative rules and regulations governing Fire Department practice burns. See § NR 502.11(2)(c), Wis. Adm. Code, for compliance measures. City of Manawa Fire Department practice burn ordinances will be as stringent as state rules and regulations. The Fire Department will follow NFPA 1403: Standards on Live Fire Training Evolutions.
(2) 
The Manawa Rural Fire Department may burn a standing building or structures, if necessary, for firefighting practice and if the practice burn complies with the requirements of the Department of Natural Resources and City of Manawa ordinances and provisions.
(a) 
Fire Department practice burns may be conducted on existing unwanted buildings in the City of Manawa, County of Waupaca. A building which is no longer standing may not be used for a practice burn.
(b) 
An existing building may be burned only by the Manawa Rural Fire Department and only if the Fire Chief determines that the burning is necessary for practice and instruction of firefighters or firefighting equipment.
(c) 
Asphalt shingles and asphalt or plastic siding shall be removed prior to the practice burn unless the Fire Chief determines that they are necessary for the fire practice.
(d) 
A demolition notification shall be submitted to the Department of Natural Resources and all asbestos removed prior to the practice burn.
(e) 
All ash shall be disposed of in an approved landfill or at an alternative location approved by the Department of Natural Resources.
(f) 
At least two weeks or 14 days before a planned practice burn, the Fire Chief or designee shall notify residents within 1,000 feet of the site of the proposed burn. The Fire Chief or his designee shall make all efforts in contacting each and every person within 1,000 feet of the practice burn. The Police Department and Sheriff's Department will be notified of such burn in written form, whether written in electronic-mail form or formal letter.
J. 
Liability. A person utilizing or maintaining an outdoor fire shall be responsible for all fire-suppression costs and any other liability resulting from damage caused by the fire.
K. 
Right of entry and inspection. The Fire Chief or his designee, or the Police Chief or his designee, or City employee or representative may inspect any property within the City for the purpose of ascertaining compliance with the provisions of this article. If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with §§ 66.122 and 66.123, Wis. Stats.
L. 
Enforcement and penalties.
(1) 
The Fire Chief or Police Chief or their designees are authorized to enforce the provisions of this article.
(2) 
The penalty for violation of any portion of this article shall be a forfeiture of not less than $200 or not more than $600 plus the cost of prosecution. Penalties are doubled for second and subsequent offenses. Violators shall be subject to restitution figures and police and fire administrative service fees.
(3) 
Chronic nuisance violators will be subject to fines and forfeitures and a formal letter of reprimand from the Fire Chief or Police Chief, or their designees. Your burning privileges may be subject to a suspension for up to one year. This will be determined by the Fire Chief or Police Chief, Mayor or City Council or their designees.
(4) 
The Fire Chief or Police Chief will be authorized to enforce the following penalties:
(a) 
The main purpose of such article is to first educate, and secondly to enforce the laws that protect our citizens. Failure to comply with such orders from the Fire Chief or Police Chief will result in the following penalties:
[1] 
First offense: $200.
[2] 
Second offense: $400; loss of burning privileges for one year may be imposed.
[3] 
Third offense: $600; mandatory loss of burning privileges for one year.
(b) 
The Fire Chief, Police Chief, or their designee, have the authority to deem infractions to be unneighborly, having a lack of neighborly consideration, potential health risks, and a hazard to public safety and wellbeing of neighbors and citizens. The Fire Chief, Police Chief or their designees are vested with authority to determine the existence of unhealthy conditions. They may immediately order the termination of the source of the smoke. It is the duty of the enforcement official to bring the situation to closure and to a level that ensures public safety, neighborly contentment and to maintain a healthy and peaceful environment.