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Wayne adopts open-burning ordinance; resident warns language could outlaw most backyard fire pits
Summary
City Council adopted Ordinance 2025-02 adding an open-burning section to the fire code. A public commenter said the draft’s distance and definition provisions would effectively ban most residential recreational fire pits; the speaker’s concerns went unanswered on substance because the chair ended the comment after the allotted three minutes.
City Council voted to adopt Ordinance 2025-02, adding section 16.10.16 on open burning to Wayne’s fire prevention code, after a second reading on Tuesday.
The ordinance passed on a roll call vote with all members recorded as voting "yes." City staff said the change is intended to clarify and regulate open-burning activities; the city attorney told council the ordinance mirrors similar ordinances in other communities.
During public comment immediately after the ordinance vote, resident Devinson McFarland urged council to reconsider the language, saying the draft contains contradictory definitions and a 50-foot setback requirement that would effectively make backyard recreational fire pits impossible on typical lots. “By basic geometry, we can see, recreational fire pit shall be located a minimum of 50 feet from any structure or lot line,” McFarland said, adding the language would eliminate the vast majority of Wayne lots. Council chair ended the speaker’s time after three minutes and did not address the technical objections raised.
Council members recorded no amendments to the ordinance during the meeting. There was no further staff response on the record to McFarland’s constitutional and vagueness concerns. The ordinance will be codified as part of Chapter 16.10 (fire prevention) as presented to council.
At the meeting, the city attorney described the draft as comparable to ordinances elsewhere; the public comment highlighted a point of community concern that council may choose to revisit if residents submit written questions or requests for clarification.
