5.0218 OUTDOOR BURNING, RECREATIONAL AND COOKING FIRES
A. RECREATIONAL FIRES
Except as provided below, all outdoor burning is prohibited within the City of Marinette.
(1) "Recreational fires" are defined as any outdoor fire such as a camp fire or cooking fire located at a single or two family private residence, camp ground, marina, institutional or community
event for the purpose of recreation and personal enjoyment.
Recreational fires are allowed so long as such fires are started and tended in compliance with the following requirements:
a. Recreational fires shall follow the recommendations of the Marinette Fire Department information materials entitled "Recreational Fires."
b. Subject to all other provisions of this Ordinance, there are no prohibited hours of operation for a recreational fire.
c. No recreational fire shall be closer than 15 feet from any building, structure, shed, garage, tree, shrub, bush, fence, or any other combustible material.
d. The property owner and/or person who has started any recreational fire shall hold the City harmless from any and all such liability for any damage caused by a recreational fire. e. Failure to use a recreational fire in compliance with this ordinance and fire department recommendations shall be considered in violation of this ordinance.
f. Approved Training Fires. Approved training for fire protection purposes shall be exempt from this ordinance.
g. All recreational fires shall be in a below ground fire pit with a maximum depth of 2 feet and maximum diameter of 3 feet and the flames may not extend more than 3 feet above the top of the pit. The fire pit shall be surrounded on the outside, above ground, by a non-combustible material such as concrete block or rock. Recreational fires for institutional or community events may exceed the diameter and height requirements in the discretion of the Fire Chief or his designee.
h. Portable fire pits not exceeding 3 feet in diameter are allowed only on a non-combustible surface (dirt clear of any vegetation, brick, stone, concrete, etc.) with a diameter twice that of the largest diameter of the portable fire pit.
i. No recreational fire shall be started or allowed to continue burning when the wind direction or wind speed will cause smoke, embers, or other burning materials to be carried by the wind towards any building or other flammable materials. Smoke from any recreational fire shall not create a nuisance for neighboring property owners. The fire shall be extinguished upon the complaint of any neighboring property owner regarding nuisance smoke.
j. Untreated wood is the only material which may be burned in a recreational fire. By way of illustration but not limitation, the following materials shall not be burned in a recreational fire: rubbish, garage, recyclable items, yard waste, trash, any materials made of or coated with rubber, plastic, leather, or petroleum based materials, and flammable or combustible liquids.
k. Adequate fire suppression equipment, such as shovels, fire extinguishers, water hoses or other like equipment sufficient to extinguish the fire is necessary, shall be located within
10 feet of the recreational fire and be immediately available for use.
I. All recreational fires shall be attended at all times until the fire is completely extinguished by at least one responsible person of age 18 or older who may not be under the influence of an intoxicant.
m. The renter/lessee of any leased property must obtain written documentation from the property owner giving permission to have a recreational fire on that property and such proof shall be presented to the Fire Department prior to issuance of a permit. (Ordinance 2008-2126 adopted 5-6-2008)
(2) Seasonal Recreational Fire Permit Procedure
a. Recreational fire permits may be issued on an annual basis from May 1to the following Apri130.
b. An application for a recreational fire permit may be made through the Marinette Fire Department.
c. At the discretion of the Fire Department, or upon the applicants' request, a site inspection may be required prior to issuance of a permit (Ordinance 2008-2016 adopted 5-6-2008).
d. A copy of the permit shall be on the premises and readily accessible at the fire site.
e. Prior to starting a recreational fire, residents must call the Marinette Fire Department to hear a pre-recorded message on current burning conditions and must comply with the pre-recorded directive of whether a fire is permitted.
f. Seasonal recreational fire permits may also be issued for any institutional, community, or private marina events.
g. Recreational fires are allowed in the Marinette Park system without a permit in areas
designated, and under rules established, by the Director of Parks.
h. All burning restrictions that are issued by the Wisconsin DNR, which cover the part of Marinette County, in which the City is located, shall be observed. Failure to comply with burning bans and other regulations shall be a violation of this ordinance.
i. Any violations of this ordinance shall result in the revocation of the recreational fire permit without reimbursement of any fees paid.
j. Any party who has started or maintains a recreational fire shall pay any and all costs incurred by the Fire Department for any service related calls as a result of non-compliance with the requirements of this ordinance.
k. Penalties for a violation of this ordinance shall be governed by Marinette Municipal Code Section 1-1-7.
B. EMERGENCY POWER OF FIRE CHIEF. When the Fire Chief determines there are environmental conditions likely to produce a serious threat of fire to life or property, the Marinette Fire Chief or his designee may impose a burning ban and burning restrictions.