2014-582 City of Janesville, Ordinance 2014 -582
ORDINANCE NO. 2014 – 582
An ordinance updating Janesville's outdoor burning, cooking device, fire pit, and recreational burning
ordinances, with penalties for violations thereof as set forth in JGO 8.36.090 referencing the penalties
in JGO 8.32.140
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Sections 8.36.020, 8.36.030, and 8.36.040 of the Code of General Ordinances of the City
of Janesville are hereby amended and Section 8.36.035 of the Code of General Ordinances of the
City of Janesville is hereby created to read as follows:
"Sections:
8.36.020 Ashes — Disposition requirements.
8.36.030 Burning regulations— Restrictions — Exception.
8.36.035 Outdoor recreational fires.
8.36.040 Special outdoor fire permits.
8.36.020 Ashes — Disposition requirements. No person shall keep or deposit or allow to
be kept or deposited upon any property in which such person possesses any ownership or
possessory interest, any ashes in any wooden vessel within the limits of this City, nor shall any
person throw or deposit or permit to be thrown or deposited any ashes upon his, her, or its premises
or property within ten feet (10') of any wooden (in whole or part) building, structure, fence, other
wooden improvement, or tree, unless the ashes are deposited and kept in a secure stone, brick,
cement, or metallic receptacle or ash room. Any such receptacle shall not rest or stand upon any
wooden or other combustible surface or object(s).
8.36.030 Burning regulations— Exception -- Restrictions.
A. No person shall burn rubbish, trash, leaves, or debris anywhere within the City or in any
cooking device or in any Campfire Pit (see definition in JGO 8.36.035 A. 1 and 2, below).
B. Leaves may be burned on public lands by City employees and upon cemetery property
by City or cemetery employee(s) if the burning occurs not less than two hundred feet (200') from the
nearest privately owned land and then only if the express permission of the Chief of the Fire
Department or his /her designee is granted.
C. Incinerators may be allowed and used upon commercial properties provided that each
such incinerator is approved by the Chief of the Fire Department of the City or his /her designee. Such
incinerator shall be installed and operated solely in accordance with the manufacturer's
specifications, all applicable City of Janesville General Ordinances, Fire Ordinances, Building Codes,
State and federal Fire Codes, and other applicable life- safety codes, regulations, and laws.
City of Janesville, Ordinance 2014 -582
City of Janesville, Ordinance 2014 -582
D. Fires started by the fire department for training purposes or otherwise shall be allowed
within the city limits.
E. Prior to conducting any burning on a property by someone other than the property
owner, permission shall be obtained from the property owner.
F. Smoke, ash, and fire from any outdoor fire of any kind shall not create a nuisance for
neighboring properties, and fires shall be completely extinguished when any police officer, code
inspection, Fire Marshall, or other fire department employee or officer determines a nuisance is
present.
8.36.035 Outdoor cooking and recreational fires - Exceptions.
A. All wood -fired outdoor cooking and recreational fires are subject to the following rules:
1. Wood -fired outdoor cooking fires are only allowed in portable, commercially- manufactured
cooking devices intended for such use except as provided in JGO 8.36.035 D.
2. Wood -fired outdoor recreational fires are only allowed in aboveground, commercially -
manufactured, portable, campfire pits, herein referred to as "Campfire Pit ", that is
manufactured with a lid and screening around the burning area to prevent sparks from
escaping except as provided in JGO 8.36.035 D.
3. All outdoor cooking devices and Campfire Pits shall be used only as an entire unit.
4. Lids and screening shall be in place during use of the cooking device or Campfire Pit except as
provided in JGO 8.36.035 D.
5. Cooking devices, Campfire Pits and Masonry Fire Pits shall only be used a minimum of twenty -
five feet (25') from the nearest portion of any building, lumber pile, wood pile, wooden fence,
wooden deck, dry grass, or other combustible materials or vegetation.
6. Cooking devices, Campfire Pits and Masonry Fire Pits cannot be used if winds or gusts reach
twenty miles per hour (20 mph) or greater.
7. Cooking devices, Campfire Pits and Masonry Fire Pits must be constantly attended by a
responsible adult until the fire is completely extinguished and a garden hose connected to a
water supply or other acceptable fire - extinguishing equipment shall be at all times must be
readily available for use while the fire is kindled.
8. No combustible materials other than clean, dry natural wood and kindling may be burned
outdoors and then only in a manufacturer -made cooking device, Campfire Pit or Masonry Fire
Pit. No accelerants may be used to start a fire.
City of Janesville, Ordinance 2014 -582
City of Janesville, Ordinance 2014 -582
9. Cooking devices and Campfire Pits shall be maintained in good repair and in a safe condition
at all times.
B. Gas -fed outdoor cooking and recreation fires are subject to the following rules:
1. All burners, appliances, devices, and associated equipment shall be tested and listed by an
accepted agency such as Underwriters Laboratories.
2. All burners, appliances, devices, and associated equipment shall be installed, operated, and
maintained in accordance with the manufacturer's specifications at all times.
3. All outdoor cooking and recreational fires must be constantly attended by a responsible adult
while kindled.
4. No solid combustible materials may be burned in any gas -fed appliance or device.
5. Natural gas -fed burners, appliances, devices, and associated equipment require a plumbing
permit prior to installation and inspection(s) for the gas piping. Plumbing permits may be
obtained through the city's Building Services Division.
6. Where the outdoor cooking or recreational fire burner, appliance, device, or associated
equipment is incorporated into a structure, building, or other improvement, the Uniform
Dwelling Code shall also apply.
C. The use of sky lanterns or similar devices which carry an open flame into the air is
prohibited within the City limits.
D. Masonry Fire Pits shall be permitted if in existence on October 27, 2014 with a minimum
of 24" of masonry encircling the fire pit. These structures do not require a screen. All other Masonry
Fire Pits are prohibited.
8.36.040 Special outdoor fire permits.
A. Bonfire or temporary burn permits may be granted for special events.
1. To obtain a permit, a signed and dated letter must be submitted to the Fire Marshal.
The letter must include the following:
a. The date, specific time, and specific place of the bonfire or burn.
b. The nature of the event (reason for the request.)
c. A brief description of the bonfire or burn and any precautions that will be taken.
d. The name and contact information for the person(s) who will be in charge of
the bonfire or burn.
City of Janesville, Ordinance 2014 -582
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City of Janesville, Ordinance 2014 -582
2. Approval of requests for a bonfire or burn will be mailed to the applicant or can be
picked up at Fire Station Number One.
3. Approved bonfires and burns are subject to the following additional regulations:
a. The person in charge of the bonfire or burn must call the non - emergency
phone number for the 911 Center at (608)757 -2244 prior to and after completing the bonfire or
burn.
b. An adequate number of operable fire extinguisher(s) shall be available at all
times within one hundred feet (100') of the bonfire or burn.
c. The bonfire or burn shall not be closer than fifty feet (50') from the nearest
portion of any building, lumber pile, wood pile, wooden fence, wooden deck, or other combustible
material(s).
d. The bonfire or burn cannot occur if winds or gusts reach twenty miles per hour
(20 mph) or greater.
e. The bonfire or burn shall be constantly attended by an adequate number of
responsible adults until the fire is completely extinguished.
f. The bonfire or burn shall be contained in an area where it cannot spread.
g. The material to be burned shall not emit large flying embers, excessive smoke,
or toxic or harmful gasses other than that produced by untreated burned wood and paper.
h. No accelerants may be used to start the bonfire or burn.
B. Campfires may be allowed in City parks by requesting a permit from the City Recreation
Division.
C. Requests for prairie burns shall follow applicable City of Janesville General Ordinances
including, but not limited to, JGO 8.56.030.D. 5., as from time to time amended or renumbered.
D. Failure to comply with the burning ordinance shall result in one or more of the following
Firefighter, Fire Marshall, Fire Chief, police, building official, and /or City Attorney Office enforcement
action(s), depending upon the severity and /or danger of the situation, potential or actual harm, and /or
nature of the violation(s):
1. First contact may result in an oral or written warning.
2. Subsequent contacts may result in enforcement actions and /or the imposition of
forfeitures and /or injunctive relief for abatement and /or prevention.
3. The Janesville Fire Chief has final discretion."
City of Janesville, Ordinance 2014 -582
City of Janesville, Ordinance 2014 -582
ADOPTED: October 27, 2014 Motion by: Farrell
Second by: Bobzien
APPROVED: Councilmember Aye Nay Pass Absent
p _ Bobzien X
Farrell X
Mark . Freitag, City Manager Fitzgerald X
ATTEST: Kealy X
Liebert X
Marklein X
"7 (.41 &CAI Severson X
J Ann Wulf, City Clerk -Trea rer
APPROVED AS TO FORM:
.C./
Wald Klimczyk, C i Attorney
Proposed by: Fire Marshall and Fire Chief
Prepared by: City Attorney
City of Janesville, Ordinance 2014 -582