6.120 Lighting Fires.

(1) Definitions.

Combustible refuse shall be taken to mean discarded, relatively dry, miscellaneous materials comprising chiefly wood, paper, rags, excelsior, straw, leather, rubber, boxes and similar discarded articles of combustible nature.

Patron. The word patron as used herein shall mean any person, firm or corporation producing any type of waste material covered by this section. In case of a firm or corporation, the word patron will be construed to mean the principal agent, officer or employee responsible for said firm or corporation.

(2)  Bonfires. It shall be unlawful for any patron or person to light and burn trash, treated lumber, leaves, straw, or any other combustible refuse outdoors at any time within the City limits. Before any acreage grass is to be burned permission must first be received from the Fire Rescue Department and the fire must be attended at all times and must not be closer than 30 feet to any buildings.

(3) Permissible Fires.

(a) This section shall not restrict the use of electric, charcoal, wood or gas portable or permanent cooking grills sized for normal residential use, or built in-ground or portable fire pits, with the following conditions:

1. Built in-ground fire pits shall be located at least 25 feet from a structure, 10 feet from a fence or overhang, six feet from a lot line, have a metal ring not to exceed three feet in diameter, and must be surrounded on the outer diameter by noncombustible material, such as stone or concrete.

2. Portable fire pits shall be located at least 10 feet from a structure, 10 feet from a fence or overhang, six feet from a lot line, and shall follow the manufacturer’s recommendations, which may include, but are not limited to, a spark arrester screen cover.

3. Fires in built in-ground or portable fire pits must be no larger than three feet in diameter and extend no more than two feet above the pit.

4. Smoke from cooking grills, built in-ground, or portable fire pits shall not create a nuisance for neighboring property owners. Law enforcement officers and Fire Rescue Department officials have the authority to order fires extinguished if a nuisance is being created.

5. Open fires shall be constantly attended by a competent person until such fire is extinguished. In the case of built in-ground or portable fire pits, the person shall have a garden hose connected to a water supply or other fire extinguishing equipment readily available for use.

6. In the case of multiple-family dwelling premises (three or more), premises used for commercial or industrial purposes, or premises used for commercial or industrial purposes with apartments in the structure:

A. No charcoal burners shall be kindled or maintained on balconies or within 10 feet of any structure, exterior window, or exit.

B. Electric grills are permitted for use on balconies above the first floor. Charcoal and propane grills are prohibited on balconies.

7. The Fire Chief may prohibit any or all open fires when atmospheric conditions or local circumstances make such fires hazardous. The Fire Chief may also permit cooking grills, built in-ground fire pits, or portable fire pits that do not comply with the specific requirements set forth upon individual application; provided, that adequate safeguards are maintained. The Chief can revoke said permission at any time. A variance granted by the Fire Chief will be for a term not to exceed one year. All variances must be renewed every year.

(b) At any civic event held under the supervision of the Fire Rescue Department, all burning shall be under the supervision of an adult in attendance. The Fire Rescue Department official at the event will determine if conditions are safe for the fire. If conditions are deemed to be unsafe, an alternate date may be chosen by the organizers of the event.

(c) Commercial burning may be had in the I-2 heavy industry zone if the area is approved by the Fire Chief and the Director of Building Inspection according to MMC 16.320.

(d) Industrial burning may be had in the I-2 heavy industry zone of the City of Manitowoc when the same is done in a substantial burner built of brick or of boiler iron not less than one-quarter of one inch in thickness and when the same is well covered or screened to prevent the escape of sparks and burning embers. No industrial fire, however, shall be built within 30 feet of any building, lumber, wood piles or wooden fence, nor within any side yard or rear yard requirement of the Building Code.

(4) Penalty. Any person found guilty of the violation of any of the provisions of this section shall be fined not less than $100.00 nor more than $1,000.

[Ord. 23-864 § 1, 2023; Ord. 11-711 §§ 1, 2, 2011; Ord. 09-555 §§ 12, 13, 14, 2009. Prior code § 6.12. Formerly 6.13]