Title
Ordinance relative to repealing and recreating subsection 5.10(9) of the Revised Municipal Code relating to open burning.
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Subsection 5.10(9) of the Revised Municipal Code is repealed and recreated to read:
5.10 FIRE PREVENTION CODE.
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(9) Open Burning.
(a) Open burning is prohibited in the City of West Allis and no person, firm, corporation or other entity shall burn, cause to be burned, or suffer or allow to burn in the open air leaves, garden refuse, wood, refuse, or other combustible material.
(b) This subsection shall not apply to:
1. A charcoal or gas grill used in the cooking of food.
2. The smoking of tobacco products.
3. A device for the burning of wood that is equipped with a metal hood and screen that completely encloses the area where wood is burned so as to prevent embers or sparks from exiting the device.
(c) The exception allowed in subsection 5.10(9)(b)3 shall not apply during such times as the West Allis Fire Chief declares a ban on burning due to dry conditions. Notice of such ban shall be published in the official City newspaper. After publication or after direct notice, no person shall use such a devise until the West Allis Fire Chief declares that the ban is terminated.
(d) The burning permitted in subsection 5.10(9)(b)3 shall be subject to the following conditions:
1. Such devices shall not be used on porches or decks or within ten (10) feet of a dwelling, garage, or other accessory structure.
2. Such devices shall not be used between the hours of 11:00 p.m. and 8:00 a.m.
3. Such devices shall be tended by a competent person at all times combustion is occurring. To constitute being "tended," the device must be within the direct observation of the competent person taking care of the fire.
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby r...
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