2023-860 ORDINANCE NO. 2023-860
Chapter 16, the Fire Code, and other applicable provisions in the Building Code, with penalties and
injunctive relief for violations thereof as set forth respectively in JGO Sections 16-31, 16-35, 16-68, 16-
127, 16-196, and 16-224, with other relief upon default in payment.
Chapter 16 - FIRE AND FIRE PREVENTION
ARTICLE I.-IN GENERAL
Secs. 16-1-16-18. -- Reserved.
ARTICLE II.—FIRE CODE
Sec. 16-19.—Adoption of statutes, code and regulations.
(a) All State of Wisconsin statutes, administrative codes, fire codes, fire regulations,fire provisions,
applicable building and construction codes, referenced codes, and standards, including, but not
limited to, Wisconsin Administrative Codes Chapters 302-305, 314, and 361-366, and all
amendments, modifications, additions and deletions thereto, are adopted by reference and
made a part of this article as if fully set forth herein.
(b) When used in this article, the term "Fire Code" shall include any statutes, codes, regulations,
provisions, and standards incorporated above by reference.
(c) Any act required to be performed and any act prohibited by the Fire Code is required or
prohibited by this article.
(d) This section adopts such other Wisconsin statutes, administrative codes, fire codes, fire
regulations, fire provisions, applicable building and construction codes, referenced codes, and
standards, as may supersede, supplant, or any way modify, change or add to the Fire Code as
adopted above.
(Code 1976, § 8.32.010; Ord. No. 82-301, § 3(part), 1982)
Sec. 16-20.—Enforcement-Authority Having Jurisdiction.
(a) The term "Authority Having Jurisdiction," as used in the Fire Code set forth in this Chapter shall
mean any member of the Janesville Fire Department authorized to enforce the Fire Code.
(b) In this article, unless otherwise specified and insomuch as it relates to enforcement of the Fire
Code and/or mitigation of hazardous conditions as detailed in Section 16-25, the term
"Authority Having Jurisdiction" may be substituted for"Fire Chief."
(Code 1976, § 8.32.030; Ord. No. 82-301, § 3(part), 1982
Sec. 16-21. - Enforcement—Authority; duties,generally.
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(a) It shall be the duty and responsibility of the Fire Chief, as created in Chapter 2, Article IV,
Division 7, to ensure the enforcement of the provisions of the Fire Code.
(b) When used in this article, the term Fire Code shall include any fire-related laws, codes, rules,
regulations, and provisions in this chapter.
(c) When the Fire Chief determines that there may be a violation of any provision of the Fire Code,
or a situation which affects the health or safety of the general public or the occupants of a
building, the Fire Chief shall proceed to take necessary action as provided for in this article.
(Code 1976, § 8.32.040; Ord. No. 82-301, § 3(part), 1982)
Sec. 16-22. - Enforcement—Authority; inspection duties.
(a) Inspections of premises and the issuing of orders in connection therewith, under the provisions
of the Fire Code, shall be the responsibility of the Fire Chief or his or her designee.
(b) In addition, the Fire Chief shall make or cause to be made those inspections that are required by
the Wisconsin Statutes.
(c) The Authority Having Jurisdiction (AHJ) is authorized to enter any building, structure,or
premises at any reasonable time for the purpose of performing his or her duties under the Fire
Code.The owner, operator or occupant of every building or structure or the person in charge
thereof, shall give the AHJ free access thereto, and to all parts thereof, and to the premises on
which it is located at all reasonable times for the purpose of such inspection.All of the
enforcement provisions of the Fire Code are subject to the constitutional laws of the United
States and the state, and all rights of individuals as defined therein.
(d) When the AHJ determines that there are reasonable grounds to believe that a violation of the
Fire Code may exist or that conditions exist which adversely affect the health, safety, and
welfare of the occupants or the public, he or she may make or cause to be made inspections to
determine the conditions of buildings or structures in order to safeguard the safety, health and
welfare of the public under the provisions of the Fire Code.
(e) Wherever, in the opinion of the AHJ, it is necessary or desirable to have inspections of any
conditions by any other department, he or she shall,to such extent as is reasonable, arrange for
this to be done in such manner that the owners or occupants of buildings shall not be subjected
to visits by numerous inspectors nor to multiple or conflicting orders.
(f) Frequency of fire inspections. Pursuant to and consistent with Wisconsin SPS 314.01(13)(b)3, as
from time to time amended or renumbered, all buildings, structures, and places of employment
subject to the Code shall be inspected not less than once each calendar year, provided that the
interval between inspections does not exceed 15 consecutive months.
(g) Fees for re-inspection. Any person who shall fail or neglect to comply with any lawful order
issued pursuant to the provisions of this article shall be assessed a fee in an amount as
established by the Common Council from time to time, and as set out in the fee schedule that
appears in this Code, per re-inspection in the event that such a compliance re-inspection occur.
Re-inspection fees that are not timely paid shall be entered upon the tax roll as a special charge
against the lot or parcel of land, pursuant to the provisions of Wis. Stats. § 66.0627, for
collection and settlement under Wis. Stats. Ch. 74.
(Code 1976, § 8.32.050; Ord. No. 82-301, § 3(part), 1982)
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Sec. 16-23. -Access by dwelling owner or operator.
Every occupant of a building or structure shall give the owner or operator thereof, or his or her agent or
employee, access to any part of such unit at reasonable times for the purpose of making such
inspections, maintenance, repairs, or alterations as are necessary to comply with the provisions of the
Fire Code.
(Code 1976, § 8.32.060; Ord. No. 82-301, § 3(part), 1982)
Sec. 16-24. -Enforcement; methods.
In enforcing the Fire Code, the Authority Having Jurisdiction may do so by vacation of building, issuance
of an order to correct violation(s), citation procedure, forfeiture action, injunctive relief, or any
combination of those remedies.
(Code 1976, §8.32.070; Ord. No. 82-301, § 3(part), 1982)
Sec. 16-25. - Emergency vacation of hazardous buildings; procedure.
(a) Whenever the Authority Having Jurisdiction (AHJ)finds that a Fire Code violation exists which
presents a situation so dangerous as to be an immediate hazard or threat of damage or injury to
any property or to any person's life, safety or health, the AHJ may order an immediate vacation
of the building, structure or premises which is so threatened.
(b) The order to vacate in an emergency situation may be given orally by the AHJ to those persons
present in the building, structure or premises.
(c) If such order is given orally, the AHJ shall post on each entrance to the vacated building a sign or
notice that the building has been ordered vacated or is unfit for occupancy.
(d) If the emergency situation terminates within three days, the AHJ shall prepare a report of the
emergency situation and vacation. Such report shall contain the following information:
1) A description of the premises sufficient for identification;
2) Specification of the condition requiring immediate vacation and the section of the Code
under which such emergency order was issued;
3) Date of issuance of the order to vacate;
4) Date of withdrawal of the order to vacate; and
5) The names of the person who were ordered to vacate the building, structure or
premises, and the date on which they were so ordered.
(e) If the emergency situation exists longer than three days, the AHJ shall, after three days, prepare
a written order which shall contain the following information:
1) A description of the premises sufficient for identification;
2) An order that the building, structure, or premises be vacated and remain vacated until
such order to vacate is withdrawn;
3) Specification of the condition requiring immediate vacation and the section of the Code
under which such emergency order is being issued;
4) The date the oral order to vacate was given;
5) A statement of the penalty for defacing or removal of the copy of the order;
6) The signature of the AHJ and a statement that the order was issued from the Fire
Department; and
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7) The date of posting of the written order.
(f) A copy of any written order shall be posted on the premises and shall be served on the owner as
provided in Section 16-133.
(g) When the AHJ is satisfied that the hazard or condition causing the emergency situation has been
corrected, he or she shall withdraw the order to vacate and remove any posted order or notice.
If a written order was posted, the AHJ shall notify the owner in writing of the withdrawal of the
order to vacate.
(h) It shall be the duty of the owner of a building to notify the occupants of any order to vacate and
of the withdrawal of such order. Any damage, loss or injury to either the owner or occupants of
the building ordered to be vacated shall not be the responsibility of the City, unless directly
caused by the City's negligence. Any damage, loss or injury to either the owner or occupants
shall be the responsibility of the person who caused the Fire Code violation or who allowed the
Fire Code violation to exist.
(i) The AHJ shall furnish a copy of all orders to vacate and notices of withdrawal thereof to any
other official concerned therewith.
(Code 1976, §8.32.080; Ord. No. 82-301, § 3(part), 1982)
Sec. 16-26. - Emergency authority of Fire Chief or Authority Having Jurisdiction.
In circumstances where, in the opinion of the Fire Chief or Authority Having Jurisdiction, the Fire Code
violation presents a situation so dangerous as to be an immediate threat of damage or injury to any
property or any person's life, safety or health, (s)he may cause the immediate abatement, removal or
correction of the violation.Any and all costs incurred by the municipality in the performance of the
abatement, removal or correction of such violation shall be charged to the owner, occupant, person in
control of or person responsible for such violation. In case of a failure to pay these costs, a statement of
such costs shall be filed with the City Clerk, and any and all costs thereof shall be charged against the
real estate upon which the violation was located, shall be a lien upon the real estate, and shall be
assessed and collected as a special tax.
(Code 1976, § 8.32.090; Ord. No. 82-301, § 3(part), 1982)
Sec. 16-27. -Order to correct violations—Requirements.
(a) Where a violation of the Fire Code exists which, in the opinion of the Authority Having
Jurisdiction, does not require vacation, (s)he may order the owner or occupant to correct the
violation.
(b) The order to correct shall be in writing and shall contain the following information:
1) A description of the premises sufficient for identification;
2) An order to correct the violation;
3) Specification of the condition requiring repair or correction, the City ordinance,
regulation or state law which is being violated, and the chapter and section of the Code
under which such order is being issued;
4) A reasonable time period in which the condition is to be corrected, normal at least 30
days, but correction of emergency conditions may be required to be performed
immediately;
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5) The name of the Authority Having Jurisdiction and a statement that the order was
issued from the Fire Department; and
6) The date of service of the order.
(c) A copy of the order shall be served as provided in this article on the owner or occupant being
ordered to correct the violation. For informational purposes, a copy of the order shall be sent by
regular mail to any owner not being ordered to correct and not being served.
(Code 1976, § 8.32.100; Ord. No. 82-301, § 3(part), 1982; Ord. No. 83-329, § 1, 1983)
Sec. 16-28. -Order to correct violations—Posting and serving procedures.
(a) An order required by this chapter to be posted shall be affixed in a conspicuous place on an
exterior wall of the building facing a street.
(b) Orders to correct violations shall be served upon the owner of record by first class mail at the
address listed on the most recent property tax bill or by delivering the order to the owner
personally. When the owner of record does not have an address listed with the Building Division
office,the order may be served:
1) By delivering the order to the owner personally;
2) By first class mail addressed to the owner at the last-known address as shown on the
most recent property tax bill for the property affected by the order; or
3) By posting the order in a conspicuous place on the exterior of the structure affected by
the order.
Code 1976, § 8.32.110; Ord. No. 82-301, §3(part), 1982)
Sec. 16-29. -Order to correct violations—Removal of posted copy.
No person shall deface or remove a posted copy of an order from any premises upon which it has been
placed under this article except by authority from the Fire Chief or Authority Having Jurisdiction.
Code 1976, § 8.32.120; Ord. No. 82-301, § 3(part), 1982)
Sec. 16-30. -Order to correct violations—Failure to do so.
In case any order is not promptly complied with,the Fire Chief or Authority Having Jurisdiction may
follow any, several, or all of the following procedures:
(a) Issue a citation to the owner, operator or other person responsible for the violating, pursuant to
the provisions of this Code;
(b) Request the City Attorney to institute an appropriate action or proceeding at law or an equity
against the owner, operator or other person responsible for the violation, ordering him or her
to:
1) Restrain, correct or remove the violation, or refrain from any further execution of work;
2) Restrain or correct the erection, installation, or alteration of such building in violation of
the Fire Code;
3) Remove work in violation;
4) Prevent the occupancy or use of the building, structure, or part thereof erected,
constructed, installed or altered in violation of, or not in compliance with, the provisions
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of the Fire Code, or in violation of a plan or specification under which an approval,
permit or certificate was issued; or
5) Pay a forfeiture pursuant to the penalty provisions of the Fire Code.
Code 1976, § 8.32.130; Ord. No. 82-301, § 3(part), 1982)
Sec. 16-31. -Violation; penalty.
Any person, firm or corporation, or any officer of any corporation, who violates or causes to be violated
any provision of the Fire Code or any order issued under the provisions of the Fire Code shall, upon
conviction thereof, forfeit and pay to the City a penalty in an amount of not less than $25.00 nor more
than $500.00, together with the costs of prosecution, and in default of payment thereof shall be subject
to the remedies provided by state law for non-payment of forfeitures in effect at the time of such
forfeiture payment default. It shall be the responsibility of the offender to abate the violation as
expeditiously as possible, and each day that such violation is permitted to continue constitutes a
separate offense.The City, in addition to the above forfeiture penalty, may institute, and the court may
grant and order, injunction, mandamus, abatement and/or any other appropriate remedy, action and/or
proceeding to prevent, enjoin, abate and/or remove the violation, and/or non-conformity. In addition
to, and not in lieu of the foregoing, the Common Council may revoke, suspend, not renew, and/or not
grant or issue any license or permit to the offender or to any entity with which the offender is affiliated.
If, in any action, a permit or license was issued, it shall not constitute a defense, nor shall any error,
oversight or dereliction of duty on the part of the Fire Chief or Authority Having Jurisdiction constitute a
defense.
(Code 1976, § 8.32.140; Ord. No. 82-301, § 3(part), 1982)
Sec. 16-32.—Smoke Detectors and Smoke Alarms-Adoption of state laws.
(a) Each and every Wisconsin and Federal statute, administrative code, rule, regulation, standard,
and other law governing smoke detectors and smoke alarms,their installation, maintenance,
testing, definition, and use and all future enactments, revisions, modifications, and amendments
pertaining thereto are hereby adopted and by reference made a part of and incorporated into
this article as if fully set forth herein, except as otherwise provided in this article. Any act
required to be performed or prohibited by any such adopted Wisconsin and Federal smoke
detector and smoke alarm statute, administrative code, rule, regulation, standard, and other
law is required or prohibited by this article.
(b) When used in this article, the term "smoke detector" shall mean any device required by law,
administrative code, rule, regulation, standard or other law governing smoke detectors and/or
smoke alarms.
(Code 1976, § 8.34.010)
Sec. 16-33.—Smoke Detectors and Smoke Alarms- Requirements.
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(a) Each and every owner, possessor and/or occupant of a structure and/or dwelling regulated by
this article shall install or have installed, and all structures and dwellings regulated by this article
shall at all times contain, approved and fully operable smoke detectors.
(b) Each and every person regulated by this article shall, at all times, fully comply with each and
every Wisconsin and Federal smoke detector statute, administrative code, rule, other law, and
provision of this article.
(Code 1976, § 8.34.020)
Sec. 16-34.—Smoke Detectors and Smoke Alarms- Inspection; enforcement; evidence; search
warrant.
(a) The provisions of this article may be enforced by any City Fire, Building Code, or Police official.
(b) Inspections shall be conducted as required or allowed by laws, codes, regulations, standards and
other laws adopted by this article for the purpose of determining compliance with this article.
(c) Evidence of violation of any provision of this article may be based upon eye witness observation
of such violation, including, but not limited to:
1) Any public safety response regardless of the requester;
2) A request for inspection or observation by the owner, possessor and/or occupant;
3) For all new occupancy; and/or
4) For all new construction, remodeling and/or alterations.
5) Special inspection warrants, pursuant to Wis. Stats. §§ 66.122 and 66.123, as from time
to time amended, may be obtained and used for the purpose of verifying compliance
with any provision of this article in the manner provided therein upon any refusal by any
owner, possessor, or other person in charge to consent to entry for inspection purposes.
(Code 1976, § 8.34.030)
Sec. 16-35.—Smoke Detectors and Smoke Alarms-Violation; penalty.
(a) Each and every person who violates any provision of this article shall forfeit and pay to the City a
penalty in an amount of not less than $50.00 nor more than $1,000.00 together with the costs
of prosecution, and in default of payment shall be subject to the remedies provided by state law
for non-payment of forfeitures in effect at the time of such forfeiture payment default.
(b) The City, in addition to the above forfeiture penalty, may institute, and the court may grant and
order, injunction, mandamus, abatement, and/or any other appropriate remedy, action, and/or
proceeding to prevent, enjoin, abate, and/or remove the violation and/or non-conformity.
(c) In addition to, and not in lieu of the foregoing, the Common Council may revoke, suspend, not
renew, and/or not grant or issue any license or permit to the offender or to any entity with
which the offender is affiliated. If, in any action, a permit or license were issued, it shall not
constitute a defense, nor shall any error, oversight, or dereliction of duty on the part of the Fire
Chief or Authority Having Jurisdiction constitute a defense.
(Code 1976, § 8.34.040)
Secs. 16-36-16-59. - Reserved.
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ARTICLE III. - OUTDOOR WOOD BURNING FURNACES PROHIBITED
Sec. 16-60. -Intent and purpose.
The City Council of the City of Janesville hereby find that:
(a) It is recognized and found that wood smoke is hazardous to an individual's health and may
affect the health of the general public when they are involuntarily exposed to the presence of
wood smoke.
(b) Reliable scientific studies, including studies conducted by the Environmental Protection Agency
(EPA), have shown that breathing wood smoke is a significant health hazard particularly to
children, elderly people, individuals with cardiovascular disease, and individuals with impaired
respiratory functions, including asthmatics and those with obstructive airway disease.
(c) This article is adopted for the purpose of protecting the public health, safety, comfort, and the
general welfare of the people of the City of Janesville; educating citizens affected by these
provisions; and assisting property owners and managers in maintaining compliance.
(Code 1976, § 8.26.010)
Sec. 16-61. - Definition.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Outdoor wood burning furnace means a furnace, or similar device, designed and intended, and/or used,
through the burning of wood, for the purpose of heating the principal structure or another accessory
structure on the premises.These types of furnaces are characterized by a short stack height.They are
typically located out-of-doors and are contained in freestanding structures, or enclosed within another
accessory structure, such as a garage or corral.This definition includes outside wood burning water
stoves.
(Code 1976, §8.26.020)
Sec. 16-62. -State law empowerment and incorporation; conflicts.
(a) This article is authorized by Wisconsin Law, including, but not limited to, Wis. Stats. §
101.123(2)(c), as from time to time are amended or renumbered.
(b) Wis. Stats. § 101.123, as from time to time amended or renumbered, is incorporated herein by
reference and made a part of this article as if fully set forth verbatim.
(c) Any action prohibited or required by state law so incorporated herein is prohibited or required,
as applicable, by this article.
(d) This article is consistent with the intent and goals of the provisions set forth in Wis. Stats. §
101.123, as from time to time amended or renumbered.This article also acts as a local
supplement to the provisions of the state statutes.
(e) ]In the event of any conflict between any word, term, definition, provision, section, or
requirement specifically set forth in this article and those set forth elsewhere in this article,
other ordinances, state statute or State Administrative Code, and/or the degree permitted by
law,the more restrictive shall govern.
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(f) In the event of any conflict between any word, term, definition, provision, section or
requirement specifically set forth in this article and those set forth in any state statute or state
administrative code incorporated into and made a part of this article by reference, the more
restrictive provision shall take precedence and govern at all times, to the extent provided by
law. In no event, however, shall a prohibition against the use of wood burning furnaces, or a
requirement mandated by state statute or state law be modified, waived, or amended by the
application of this article.
(Code 1976, § 8.26.030)
Sec. 16-63. - Prohibition of outdoor wood burning furnaces in the City of Janesville.
It shall be unlawful for any person to operate or use an outdoor wood burning furnace in the City of
Janesville.
(Code 1976, § 8.26.040)
Sec. 16-64. -Nonconforming use.
(a) Continuation of nonconforming uses. The lawful use of any existing outdoor wood burning
furnace existing at the time of the effective date of the ordinance from which this article is
derived may be continued, although such use does not conform to the provisions of this law as
hereinafter provided.
(b) Extension or enlargement. No nonconforming or pre-existing outdoor wood burning furnace
shall hereafter be extended, enlarged, or expanded.
(c) Abandonment and discontinuance. Any currently existing and used outdoor wood burning
furnace which is abandoned or not used for a period of 12 consecutive months shall not be
permitted to be re-established as a nonconforming use, cannot be used, and must be
immediately removed by the property owner from the subject premises. If the property owner
fails to remove the outdoor wood burning furnace by the end of said 12 months, the City of
Janesville Building Director shall give written notice by certified mail, personal service, or posting
to the property owner upon which the outdoor wood burning furnace is located. Such notice
shall provide that such person shall remove the same within 15 days of the notice. Should the
outdoor wood burning furnace not be removed in the time specified, the Building Director shall
arrange for the removal of the outdoor wood burning furnace.The cost of said removal shall be
charged to the owner of said premises. Said cost if not paid within 30 days shall be assessed and
collected in the same manner, by the same proceedings, at the same time, under the same
penalties, and having the same lien upon the property so assessed as the General City of
Janesville Tax and as a part thereof.
(d) Termination. At such time as the useful life of a nonconforming or pre-existing outdoor wood
burning furnace has elapsed or would need to be repaired to function properly, the unit cannot
be replaced and must be abandoned, not used, and removed from the property immediately.
(Code 1976, § 8.26.050)
Sec. 16-65. - Enforcement and inspection.
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The City of Janesville Building Division and the Department of Neighborhood and Community Services,
and affiliated officials shall have the power, whenever they deem it necessary, to enter upon the
premises/property to inspect and ascertain compliance with the requirements of this article.
(Code 1976, § 8.26.060)
Sec. 16-66. -Severability.
The provisions of this article are severable. If any provision or section is held to be invalid or
unconstitutional or if the application of any provision or section to any person or circumstance is held to
be invalid or unconstitutional, such holding shall not affect the other provisions, sections or applications
of this article which can be given effect without the invalid or unconstitutional provision, section, or
applications. It is hereby declared to be the intent of the City Council that this article would have been
adopted had any invalid or unconstitutional provision or application not been included herein.
(Code 1976, § 8.26.070)
Sec. 16-67. -Effective date.
This article shall be effective upon adoption by the City Council.
(Code 1976, § 8.26.080)
Sec. 16-68. -Violation; penalty; injunctive relief.
(a) Any owner, proprietor, manager, or other person in charge of or who uses a property in
violation of any provision of this article upon conviction shall be required to forfeit and pay not
less than$100.00 nor more than $2,00.00 plus the costs of prosecution. Each day of violation
shall constitute a separate offense for which a separate penalty may be imposed. Upon default
in payment of the forfeiture and costs of prosecution,the court may provide such other relief in
law and/or equity as it may deem necessary, proper, desirable, and appropriate.
(b) Injunctive relief. Consistent with Wis. Stats. § 101.123(9), as from time to time amended or
renumbered, notwithstanding Wis. Stats. § 165.60, the City, state, local officials, including, but
not limited to, sworn peace officers, Building/Code Inspectors, and any affected party may
institute an action in any court with jurisdiction to enjoin repeated violations of this section.The
City may also seek, and the court may grant, other related injunctive relief to abate or prevent
repeated violations and to seek compliance.
(Code 1976, § 8.26.090)
Secs. 16-69-16-94. - Reserved.
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ARTICLE IV. -FIRE DEPARTMENT EMERGENCY SERVICES RESPONSE FEES
Sec. 16-95. -Purpose.
In order to continue to provide quality emergency services responses while minimizing the cost to the
property taxpayer by recovering certain fees from the users of those rendered emergency services, and
cognizant that Janesville residents already pay for these services through property taxes, the Janesville
City Council hereby desire and create a fair and equitable procedure to collect user fees for emergency
services responses provided by the Janesville Fire Department.
(Code 1976, § 8.28.010)
Sec. 16-96. - Emergency services response;fee.
(a) The term "emergency services response" means any event in which the Janesville Fire
Department is required to and/or does respond and take action. Emergency services include,
but are not limited to, Fire Service and Emergency Medical Service.
(b) Every person, firm, corporation, and/or other entity who requires, receives, and/or is provided
an emergency services response by the Janesville Fire Department shall be responsible for
payment to the City for emergency services response fees which will be in amounts as
established by the City Council from time to time and set forth in the fee schedule that appears
in this Code.
(c) Notwithstanding and in addition to anything to the contrary, the City Fire Department may enter
into individual "transport only" agreements with commercial entities upon varying terms,fees,
and provisions, with approval of the City Council.
(Code 1976, § 8.28.020)
Sec. 16-97. - Lift assist response;fee.
(a) The term "lift assist response" means any event in which the Janesville Fire Department is
requested to and/or does respond and take action. Service includes assisting individuals that
have fallen and are not injured.
(b) Staffed nursing and health care facilities who requires, receives, and/or is provided a lift assist
response by the Janesville Fire Department shall be responsible for payment to the City for the
service response fee which will be in an amount as established by the City Council from time to
time and set forth in the fee schedule that appears in this Code.
(Code 1976, § 8.28.030)
Secs. 16-98-16-122. - Reserved.
ARTICLE V.—PLAN EXAMINATION, PERMITS, INSPECTION AND TESTING.
Sec. 16-123.—Fire protection systems; plan examination, permits, inspection and testing;general.
(a) The installation of, the alteration of, or the addition to a fire protection system in a public
building or a place of employment, or any building subject to plan examination by the City of
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Janesville Building Division, may not commence unless plans for the project have been
submitted to and approved by the proper fire protection system plan review authority.
(b) Fire protection system shall have the following meaning: Approved devices, equipment and
systems or combinations of systems used to detect a fire, activate an alarm, extinguish or
control a fire, control or manage smoke and products of a fire or any combination thereof.
Sec. 16-124.—Fire protection systems; plan examination; authority.
(a) Pursuant to Wisconsin Administrative Code, Section SPS 361.360, and as may from time to time
be renumbered, the City may assume the responsibilities of examining plans required for the
activities listed in Sec. 16-123.
(b) The City may waive its jurisdiction for the plan review of any and all projects, or a specific
project or types of projects, or components thereof, in which case plans and specifications shall
be submitted to the department for the State of Wisconsin responsible for review and approval,
herein referenced as the Department.
(c) The Department may waive its jurisdiction for the plan review of a specific project, where
agreed to by a certified municipality, in which case plans and specifications shall be submitted to
the City for review and approval.
Sec. 16-125.—Fire protection systems; plan examination; responsibilities.
The City shall assume the following responsibilities for the State of Wisconsin department which is
responsible for plan review and inspections, herein referenced as the Department:
(a) Department.
Sec. 16-126.—Fire protection systems; plan examination;submittals.
(a) Drawings, specifications, calculations and any supporting documentation required for complete
plan examination for all the types of activities, buildings and structures referenced in this article
shall be submitted.
(b) All types of activities, buildings and structures referenced in this article require plan submission,
which shall include but is not limited to, the following:
(1) Fire Suppression & Fire Alarm Plan Review Checklist,
(2) Fire Protection Work Application,
(3) Fees per municipal fee schedule,
(4) AND one of the following options:
i. (4) sets of plans, signed and sealed per Department requirements of SPS 361.31,
and as renumbered from time to time,
ii. (1) set of specifications,
iii. Component and system plans, and
iv. Calculations showing code compliance; OR:
v. (1) set of plans with (3) project cover sheets, signed and sealed per Department
requirements of SPS 361.31, and as renumbered from time to time,
vi. (1) set of specifications,
vii. Component and system plans, and
viii. Calculations showing code compliance; OR:
Page 12 of 23
ix. Submittal via electronic or digital media which includes the elements required
above.
1. If plans are approved electronically, 2 sets of hard copies bearing the
approval stamp of the reviewer are required to be submitted prior to
permit issuance.
Sec. 16-127. Permits, inspection and testing;general.
(a) Permits for all the types of activities referenced in this article shall be issued per all of the
following:
(1) Subsequent to plan examination and approval,
(2) Subsequent to payment of all permit and testing fees, and
(3) Prior to commencement of activities for which the permit is granted.
(b) Failure to obtain a permit prior to commencement of work will result in a penalty of$100.00 or
double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000.00.
Such penalty shall be paid in addition to the customary permit fee.
(c) Permit and testing fees shall be in amounts as established by the City Council from time to time.
(See Appendix A— FEE SCHEDULE)
(d) All inspections and the witnessing of acceptance tests as required by laws, codes, rules,
regulations and standards, and as adopted by this article and Article II of this chapter, shall be
completed by a person who is a certified commercial building inspector or who holds other
required certification(s) as defined by the Department.
(e) Re-inspection and after-hours inspection fees.
(1) At the inspector's discretion, a re-inspection fee shall be charged if the work for which
an inspection or test is requested is not complete so as to be ready for the scheduled
inspection or test, or if the work is complete but not in conformance with the applicable
requirements, and the work is still not in conformance with the applicable code
requirements upon re-inspection.
(2) An after-hours inspection fee shall be charged on projects when the inspection is
performed at a time outside of normal business hours of the business hours of the Fire
Department Inspection Division.
(3) The re-inspection and after-hours inspection fees shall be in amounts as established by
the City Council from time to time.
Sec. 16-128. -Blasting permits—Council approval.
All permits provided for by Section 12.3.a.(3) of the Fire Prevention Code adopted by Section 16-
123 shall be issued by the Clerk, but only if so authorized by the City Council. Once an application for a
permit pursuant to this section is received and the date it will first appear on the Council's agenda is
known, the Clerk shall cause notice of the application, describing the location of the proposed activity
and the date it will first appear on the Council's agenda, to be published at least three days prior to such
Council meeting.
(Code 1976, § 8.32.020; Ord. No. 82-301, § 3(part), 1982)
Page 13 of 23
Secs. 16-129-16-155. - Reserved.
ARTICLE VI. -RESERVED
Secs. 16-156-186. - Reserved
ARTICLE VII. - FIRE REGULATIONSE21
Footnotes:
--- (2) ---
Editor's note— For provisions regarding the control of electrical wiring, see Ch. 10 of the Janesville
Building Code on file in the City Clerk's Office.
Sec. 16-187. -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 of any wooden (in whole or in 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.
(Code 1976, § 8.36.020)
Sec. 16-188. - Burning regulations; restrictions; exception.
(a) No person shall burn rubbish, trash, leaves, or debris, except as permitted in Sec. 16-188(b-d)
anywhere within the City or in any cooking device or in any campfire pit.
(b) Leaves may be burned on public lands by City employees and upon cemetery property by City or
cemetery employees if the burning occurs not less than 200 feet from the nearest privately-
owned land, and then only if the express permission of the Chief of the Fire Department or his
or 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 or 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.
(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.
Page 14 of 23
(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
inspector inspection, Fire Marshal, or other Fire Department employee or officer determines a
nuisance is present.
(Code 1976, § 8.36.030)
Sec. 16-189. -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 Section 16-
189(d).
2) Wood-fired outdoor recreational fires are only allowed in above ground, 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 Section 16-189(d).
3) All outdoor cooking devices and campfire pits shall be used 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 Section 16-189(d).
5) Cooking devices, campfire pits and masonry fire pits shall only be used a minimum of 25
feet 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 20 miles per hour 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 must be at all times
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.
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 for the gas piping. Plumbing permits
may be obtained through the City's Building Services Division.
Page 15 of 23
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
with the City limits.
(d) Masonry fire pits shall be permitted if in existence on October 27, 2014 with a minimum of 24
inches of masonry encircling the fire pit.These structures do not require a screen. All other
masonry fire pits are prohibited.
(Code 1976, § 8.36.035)
Sec. 16-190. -Special outdoor fire permits.
(a) Bonfire or temporary burn permits may be granted for special events.
(b) To obtain a permit, a signed and dated letter must be submitted to the Fire Marshal.The letter
must include the following:
1) The date, specific time, and specific place of the bonfire or burn.
2) The nature of the event (reason for the request).
3) A brief description of the bonfire or burn and any precautions that will be taken.
4) The name and contact information for the person who will be in charge of the bonfire or
burn.
(c) Approval of requests for a bonfire or burn will be mailed to the applicant or can be picked up at
Fire Station Number One.
(d) Approved bonfires and burns are subject to the following additional regulations:
1) The person in charge of the bonfire or burn must call the non-emergency phone number
for the 911 Center prior to and after completing the bonfire or burn.
2) An adequate number of operable fire extinguishers shall be available at all times within
100 feet of the bonfire or burn.
3) The bonfire or burn shall not be closer than 50 feet from the nearest portion of any
building, lumber pile, wood pile, wooden fence, wooden deck, or other combustible
material.
4) The bonfire or burn cannot occur if winds or gusts reach 20 miles per hour or greater.
5) The bonfire or burn shall be constantly attended by an adequate number of responsible
adults until the fire is completely extinguished.
6) The bonfire or burn shall be contained in an area where it cannot spread.
7) The material to be burned shall not emit large flying embers, excessive smoke, or toxic
or harmful gasses inconsistent with combustion byproducts associated with untreated
burned wood and paper.
8) No accelerants may be used to start the bonfire or burn.
(e) Campfires may be allowed in City parks by requesting a permit from the City Recreation Division.
(f) Requests for prairie burns shall follow applicable City of Janesville General Ordinances, as from
time to time amended or renumbered.
(g) Failure to comply with the burning ordinance shall result in one or more of the following
Firefighter, Fire Marshal, Fire Chief, Police, Building Official, and/or City Attorney Office
enforcement actions, depending upon the severity and/or danger of the situation, potential or
actual harm, and/or nature of the violation:
Page 16 of 23
1) An oral or written warning.
2) Citation or other enforcement actions and/or the imposition of forfeitures and/or
injunctive relief as permitted by law for abatement and/or prevention.
3) The Janesville Fire Chief or his or her duly appointed representative has final discretion.
(Code 1976, § 8.36.040)
Sec. 16-191.—194—Reserved.
Sec. 16-195. -Storage tanks for flammable and/or combustible liquids; removal;fees.
(a) No person, firm, corporation or other entity may_installL remove or close in place any storage
tank that currently or previously contained flammable or combustible liquids regulated by state
statutes or the Fire Code, as from time to time amended or renumbered, without first, paying all
associated fees for, and obtaining a storage tank removal permit issued under this section by
the Janesville Fire Department.
(b) No storage tank removal permit may be issued until the prior happening of each and every one
of the following conditions:
1) The applicant submits with his or her application written plans for the removal of the
storage tank.
2) A Fire Inspector with the Janesville Fire Department approves such plan and the
issuance of such permit.
3) The applicant pays in full both the plan review fee and site inspection fee at the time of
application.
(c) The fees for storage tank installjremoval permits shall be in an amount as established by the
City Council from time to time and set forth in the fee schedule that appears in this Code.
(Code 1976, § 8.36.085)
Sec. 16-196. -Violation; penalty.
Any person who violates any of the provisions of this article shall be subject to the enforcement and
penalty provisions of Article II of this chapter.
(Code 1976, § 8.36.090; Ord. No. 82-301, § 2, 1982)
Secs. 16-197-16-215. -Reserved.
ARTICLE VIII. - FIREWORKS CODE
Sec. 16-216. -State code and administrative agency regulations adopted.
(a) All provisions relating to fireworks contained in the Wisconsin Statutes and the State of
Wisconsin Administrative Code, referenced codes, regulations and standards, and all
subsequent amendments thereto, are hereby adopted and incorporated into this article as if
fully set forth herein. All acts permitted and prohibited therein are permitted and prohibited by
this article except as expressly set forth herein.
Page 17 of 23
(b) Pursuant to Wisconsin Statutes and subject to all requirements in this Article, the following
items shall be regulated as "Consumer Fireworks":
1) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used
or possessed or sold for use in a device which prevents direct bodily contact with a cap
when it is in place for explosion.
2) A toy snake which contains no mercury.
3) A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to
produce audible or visible effects or to produce audible and visible effects.
4) A device designed to spray out paper confetti or streamers and which contains less than
one-quarter grain of explosive mixture.
5) A fuseless device that is designed to produce audible or visible effects or audible and
visible effects, and that contains less than one-quarter grain of explosive mixture.
6) A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a
controlled rate, and that produces audible or visible effects, or audible and visible
effects.
7) A cylindrical fountain that consists of one or more tubes and that is classified by the
federal department of transportation as a Division 1.4 explosive, as defined in 49 CFR
173.50.
8) A cone fountain that is classified by the federal department of transportation as a
Division 1.4 explosive, as defined in 49 CFR 173.50.
9) A novelty device that spins or moves on the ground.
(Code 1976, § 8.40.010)
Sec. 16-217. -Prohibition.
No person may possess, purchase, attempt to purchase, store, handle, use, expose or offer for sale, sell,
attempt to sell, display, discharge, ignite, attempt to ignite, explode or attempt to explode any firework,
firework devices, firecracker or other volatile item defined and prohibited by the State of Wisconsin or
any of its Administrative Agencies, except as allowed by and in a manner consistent with this article.
(Code 1976, § 8.40.020)
Sec. 16-218. - Exploding and smoke producing devices prohibited.
In addition to any other prohibitions set forth in this article, no person may possess, purchase, attempt
to purchase, store, handle, use, expose or offer for sale, sell, attempt to sell, display, discharge, ignite,
attempt to ignite, explode or attempt to explode any device which explodes or which is designed or
intended to explode or which produces large quantities of smoke or which is designed or intended to
explode or which produces large quantities of smoke.
(Code 1976, § 8.40.030)
Sec. 16-219. -Certain public display permitted;fireworks permit required.
(a) Fireworks and other devices otherwise prohibited under this article may be used, displayed and
discharged by public authorities or private persons or organizations only for public display, only
Page 18 of 23
in the manner allowed by this subsection and only by those to whom the City Manager or his or
her designee has issued a nontransferable fireworks display permit.
(b) The City Manager or his or her designee is hereby vested with and shall have the sole and final
authority to grant or deny the issuance of a fireworks display permit to any public or private
person or organization for pyrotechnic displays for any reason, including, but not limited to,
considerations of public health, welfare, safety, peace and tranquility, operator experience,
display location or traffic congestion.
(c) Any public or private person or organization which desires a fireworks display permit shall apply
for such permit not less than 30 days prior to the first day of the intended display.
(d) A fireworks display permit shall not be issued unless the applicant:
1) In writing fully indemnifies and holds harmless the City of Janesville from any and all
liability of whatever kind and nature arising from the purchase, transport, handling,
storage, use, display, and discharge of fireworks and other devices allowed under this
section;
2) Provides to the City certificate of liability insurance in an amount not less than
$1,000,000.00 for payment of any and all claims which may arise by reason of injury to
person or property directly or indirectly arising from the purchase,transport, handling,
storage, use, display, and discharge of fireworks and other devices allowed under this
Subsection (d). The City shall be named as an additional or co-insured and the certificate
of liability insurance shall be in such form as required by the City Manager;
3) In writing indemnifies and holds harmless the City from any and all loss and injury of
whatever kind or nature directly and indirectly arising from the revocation of the
fireworks display permit;
4) In writing permits the City to confiscate any and all fireworks and other devices at any
time in the manner and for the reasons set forth in this article;
5) In writing fully indemnifies and holds harmless the City from any and all loss and injury
of whatever kind or nature directly and indirectly arising from such confiscation;
6) Provides to the City evidence that all pyrotechnic operators used shall be at least 21
years old; and
7) Provides to the City evidence that all pyrotechnic operators have actual experience as
an operator or assistant as part of demonstrating competency to the Janesville Fire
Chief or his or her designee.
8) Submits to the City a plan which includes, but is not limited to the following:
i. A site plan designating the launch area and required separation distance to the
audience.
ii. A list of all fireworks devices and the sizes of all such devices which will be used
in the display.
iii. Safety measures for the storage, transportation, set up, firing and clean-up of all
devices to be used in the display.
(e) The fireworks display permit shall be granted for a period not to exceed six days.
(f) The fireworks display permit shall be nonrefundable and shall not be waived.The permit shall be
in an amount as established by the City Council from time to time and set forth in the fee
schedule that appears in this Code.
Page 19 of 23
(g) The public use and display shall be subject to all statutes, Administrative Codes, referenced
codes, and standards.
(h) No public or private person or organization shall engage in any fireworks display or activity
otherwise prohibited by this article without having been issued a fireworks display permit.
(i) The City and each of its employees and authorized representatives may demand inspection of
the fireworks display permit any time.The permittee shall immediately produce and display the
fireworks display permit upon such demand.
(j) The City Manager, the Chief of Police and the Chief of the Fire Department,jointly and severally,
are hereby vested with and shall have the authority to, at any time, revoke the fireworks display
permit, terminate and prohibit any display or other fireworks activity, and confiscate any and all
fireworks and other firework devices when, in the opinion of any one of them, the proposed or
continued display or other fireworks activity presents or tends to present a danger to any
person or property.
(k) The fireworks display permit is a privilege and not a right. Nothing in this article shall be
construed as bestowing or in any manner creating or vesting a right in any person.
(I) The storage and transportation of fireworks and other devices shall be in accordance with all
applicable statutes, codes, standards and regulations adopted herein and as from time to time
amended. (Code 1976, § 8.40.040; Ord. No. 2018-742, §VIII, 11-26-2018 )
Sec. 16-220.—Consumer firework stands; license; regulation.
(a) The term "consumer firework stand," herein referred to as firework stand, means any and all
outdoor and indoor merchandise displays and sales of any and all consumer fireworks as
defined in Sec. 16-216 and in any manner regulated or addressed by this article, except as
exempted as follows:
1) Stores in which retail sales of consumer fireworks are conducted shall not require a
consumer fireworks stand permit provided both of the following conditions exist:
i. The area of the retail sales floor occupied by the retail sales of consumer
fireworks does not exceed 25 percent of the area of the retail sales floor or 600
square feet, whichever is less, and
ii. The consumer fireworks are displayed and sold in a manner approved by the
Fire Chief or the Fire Chief's designee, and comply with the applicable provisions
of this article, federal and state law.
(b) No person may erect, possess, own, operate, maintain or sell from any firework stand for any
purpose except as allowed by this article and only in conformity with all state laws,
administrative codes, regulations, and other City ordinances.
(c) No person may erect, possess, own, operate, maintain or sell from any firework stand for any
purpose without a firework stand permit, which permit shall be nontransferable.
(d) Application for a firework stand permit shall be made to the City Clerk on a form and in the
manner required by the Chief of the Fire Department, which form shall include a provision
which empowers the Chief of the Fire Department, Chief of the Police Department, and/or the
Code Administration Director and any and all other persons acting on their behalf, to inspect the
firework stand, inventory, merchandise, related structures, and surrounding area, at any time,
without notice.
Page 20 of 23
(e) Application for the nontransferable fireworks stand permit shall be accompanied with a non-
refundable application fee, which fee shall be applied to help defray the City's actual inspection
and administrative review costs.The permit shall be in an amount as established by the City
Council from time to time and set forth in the fee schedule that appears in this Code.
(f) The firework stand permit shall be, at all times, conspicuously posted upon the firework stand.
(g) The firework stand permit may be revoked at any time the Chief of the Fire Department,The
Chief of the Police Department, or the Code Administration Director or his or her representative
finds any violation of this article or any other law, and any time the Chief of the Fire
Department, the Chief of the Police Department, or the Code Administration Director or his or
her representative believes the firework stand, in any manner, poses any risk or potential risk to
human or property safety.
(h) The Chief of the Fire Department, the Chief of the Police Department, and/or the Code
Administration Director or their representative may require, as a condition to not revoking an
issued firework stand permit, compliance with any and all health and safety requirements as
they or their representatives, may from time to time, deem in the best interest of human or
property well-being or safety. Any and all requirements of the Chief of Fire,the Chief of Police,
and/or the Code Administration Director or their representative shall be construed, for all
purposes, as required by this article.
(i) The firework stand permit shall be for a term not to exceed 30 days.
(j) No firework stand permit may be issued for any firework stand erected or proposed to be
erected in an area not properly zoned for such stand or activity.
(k) No firework stand permit may be issued unless the applicant first applies for, pays for and
obtains from the City a temporary sign permit and all other permits and licenses required for
such stand and activities.
(I) The Chief of the Fire Department, Chief of the Police Department, and/or the Building Director
and all other persons acting on their behalf, will issue correction notices for any violations of
federal law, state law, and/or local ordinances. Any violations shall be corrected forthwith.
(m)The Chief of the Fire Department, Chief of the Police Department, and/or the Building Director
and all other persons acting on their behalf will have the responsibility upon their finding of a
violation to issue citations for the amount of$500.00 per violation.
(n) No license or permit required under this article may be issued by the City Clerk to any person or
other entity who has previously violated any provision of this article or any similar law
anywhere.
(Code 1976, § 8.40.050; Ord. No. 2017-705, §VII, 11-27-2017 ; Ord. No. 2018-742, § VIII, 11-26-2018 )
Sec. 16-221. -Confiscation of non-permitted fireworks and fireworks devices.
The Chief of the Fire Department, Chief of the Police Department, and/or the Building Director and all
other persons acting on their behalf may confiscate and remove any and all fireworks and other firework
devices for which no fireworks display permit or firework stand permit has been issued which, in the
opinion of the City Manager, the Chief of the Fire Department or the Chief of Police, and all other
persons acting on their behalf, present or tend to present risk or potential risk to any person or
property.
(Code 1976, § 8.40.060)
Page 21 of 23
Sec. 16-222. - Exemption for certain uses.
This article does not apply to devices and articles used by the construction industry in the normal course
of its business nor to high explosives used for blasting or similar purposes when used solely for the
necessary conduct of business or industry nor to the necessary conduct of the affairs of the Armed
Forces.
(Code 1976, § 8.40.070)
Sec. 16-223. -Permit and inspection for firework display and stand.
(a) No person may display for sale, offer for sale, or attempt to sell any firework or firework device,
including those permitted by state law, or own, possess, operate or in any manner work at any
firework display or firework stand without first obtaining a nontransferable firework display
permit or firework stand permit from the City Clerk.
(b) Every firework stand and firework display for which no firework display permit or firework stand
permit has been issued may be ordered closed by the City Manager,the Chief of the Police
Department, the Chief of the Fire Department, or someone acting on their behalf and all
fireworks and firework devices may be confiscated.
(c) Every firework display and every firework stand, including those for which no permit has been
issued, is subject to inspection in the manner set forth in this article.
(d) The City Manager, the Chief of the Police Department,the Chief of the Fire Department, and
anyone acting on their behalf, may take one or more samples of any firework and/or firework
devices offered for sale regardless of where located in the City for the purpose of testing for
compliance with this article and/or state law.
(Code 1976, §8.40.080)
Sec. 16-224. -Violation; penalty.
Any person who violates any of the provisions of this article shall forfeit and pay to the City a penalty not
less than $200.00 nor more than $2,000.00 for each offense together with the costs of prosecution,and
in default of the payment of such penalty shall be subject to the relief allowed by law and/or equity as
the court may deem necessary, appropriate, desirable, and/or proper. Each day's continuance of any
violation transported, possessed, used, stored, contained, handled, offered for sale, sold, displayed or
discharged shall constitute a separate offense.
(Code 1976, § 8.40.090)
Page 22 of 23
ADOPTED: January 23, 2023 Motion by: Marshick
Second by: Williams
'ROV r\ Councilmember Aye Nay Pass Absent
Benson X
Jackson X
David Moo - Ac ' City Manager Johnson X
Marklein X
ATTEST: Marshick X
MillerX
WilliamsWs X
Lorena Rae Stottler, City Clerk-Treasurer
APPROVED AS TO FORM:
/g-1,47/W
Wald Klimczyk ,City Attorney
Proposed by: Fire Marshall and Fire Chief
Prepared by: Fire Marshall and City Attorney
Page 23 of 23