City of Milwaukee - File #: 120655

• File #: 120655
• Version: 1
• Type: Ordinance
• Status: Placed On File
• File created: 9/5/2012
• In control: COMMON COUNCIL
• Final action: 10/15/2013
• Title: A substitute ordinance relating to the regulation of fire pits.
• Sponsors: ALD. WITKOWSKI
• Indexes: FIRE PREVENTION, NUISANCES

Date	Ver.	Action By	Action	Result	Tally
10/15/2013	1	COMMON COUNCIL	PLACED ON FILE	Pass	15:0
10/3/2013	1	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	5:0
9/26/2013	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
5/31/2013	0	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Appearing: Richard Withers - LRB Don Schaewe - DNS Dan Lipski - Asst MFD Chief Terri Linder - Consumer Protection Health Department David Sivyer - Forestry Department	Pass	4:1
5/30/2013	1	CITY CLERK	DRAFT SUBMITTED
5/28/2013	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
5/28/2013	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
5/23/2013	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
9/5/2012	0	COMMON COUNCIL	ASSIGNED TO

Number
120655
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. WITKOWSKI
Title
A substitute ordinance relating to the regulation of fire pits.
Sections
80-6.3 cr
214-9-1-a am
214-9-1-b am
214-9-1-d cr
Analysis
This ordinance provides new regulations related to open burning and finds that open burning in violation of fire code restrictions constitutes a nuisance. The ordinance provides that, upon notice by a city official that open burning is in violation of the fire code, the open burning must be immediately extinguished by the party responsible for the fire or a by a party having control of the premises.

A citation for an open burning violation may be issued by an authorized city official with direct knowledge of the violation or upon the written complaint of a private party who has direct knowledge of the violation.

A violation may be cited under the building code as is currently provided or may be cited and fined as a nuisance under the new subsection. Class E penalties including a fine of not less than $50 nor more than $500 are provided for a first offense in a calendar year and Class O penalties including a fine of not less than $300 nor more than $1500 for a second or subsequent offense in a calendar year.

Furthermore, under this ordinance the minimum distance that open burning may be conducted from a flammable structure is increased from 15 to 50 feet.

The ordinance also clarifies that the exception for open flame cooking devices applies only to the operation of such devices for cooking with suitable cooking fuel.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 80-6.3 of the code is created to read:

80-6.3. Open Burning. 1. OPEN BURNING A NUISANCE. Open burning occurring or conducted in violation of s. 214-9 is found to be a nuisance.

2. NOTICE TO EXTINGUISH. Notwithstanding the notice requirements of s. 80-8, upon oral or written notice by the commissioner, or any inspector, police of...