[HISTORY: Adopted by the Village Council of the Village of
Cassopolis 3-29-1993 by Ord. No. 177 (Ch. 18, Art. II, of the 2003 Code
of Ordinances); amended in its entirety at time of adoption of Code
(see Ch. 1, General Provisions, Art. II). Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 370.
This chapter is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the Village of Cassopolis by
regulating the air pollution and fire hazards of outdoor burning.
This chapter applies to all outdoor burning within the Village
of Cassopolis except:
A.
Grilling or cooking food using charcoal, wood, propane or natural
gas in cooking or grilling appliances.
B.
For the purpose of generating heat in a stove, furnace, fireplace,
or other heating device within a building used for human habitation,
so long as the entire heating device is located within said building.
C.
The use of propane, acetylene, natural gas, gasoline or kerosene
in a device intended for heating, construction or maintenance activities.
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:
A small outdoor fire intended for recreation or cooking but
not including a fire intended for disposal of waste wood or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure-treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging, and rubble that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
The Chief of the Central Cass Fire Department or other person
designated by the Fire Chief.
A county, township, city, or village.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney. This includes burning in a burn barrel.
Open burning; burning in a patio wood-burning unit; or burning
in an outdoor furnace that burns wood, charcoal, pellets, corn husks,
trash, or a similar fuel.
Any waste material except trees, logs, brush, stumps, leaves,
grass clippings, and other vegetative matter.
Open burning is prohibited in the Village of Cassopolis unless
the burning is specifically permitted by this chapter.
Open burning of refuse is prohibited.
A.
Open burning of trees, logs, brush, stumps, leaves, and grass clippings
is prohibited.
B.
Open burning of logs, brush, stumps, is allowed only in accordance
with all of the following provisions:
(1)
Except for campfires, a permit issued in accordance with § 138-8 of this chapter must be obtained prior to open burning under this section when the ground is not snow-covered.
(2)
Except for barbecue, gas, and charcoal grills, no open burning shall
be undertaken during periods when the Governor of Michigan has issued
a burning ban applicable to the area.
(3)
All allowed open burning shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions minimize adverse effects
and do not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in conformance
with all local and state fire protection regulations.
(4)
Campfires and small bonfires for cooking, ceremonies, or recreation
are allowed provided they do not cause a nuisance and are not in excess
of 36 inches in diameter.
(5)
Open burning under this section shall only be conducted at a location
at least 15 feet from any structure and 25 feet from any adjoining
property.
(6)
Open burning shall be constantly attended and supervised by a competent
person of at least 18 years of age until the fire is extinguished
and is cold. The person shall have readily available for use such
fire extinguishing equipment as may be necessary for the total control
of the fire.
(7)
No materials may be burned upon any street, curb, gutter or sidewalk
or on the ice of a lake, pond, stream or water body.
(8)
Except for barbecue, gas, and charcoal grills, no burning shall be
undertaken within 25 feet from any combustible material, combustible
wall or partition, exterior window opening, exit access or exit unless
authorized by the Fire Chief.
(9)
No open burning may be conducted on days when the Department of Natural
Resources and Environment has declared an "air quality action day"
applicable to the Village of Cassopolis.
C.
Except
as provided in this section, outdoor burning that involves the use
of an outdoor furnace that burns wood, charcoal, pellets, corn husks,
trash, or a similar fuel is prohibited.
A.
No person shall start or maintain any open burning covered under
this section without a burning permit issued by the Fire Chief or
other duly authorized representative of the Village of Cassopolis.
B.
Any person responsible for burning leaves, brush, clean wood or other vegetative debris under § 138-8 of this chapter shall obtain a one-time burning permit before starting the fire. The fee for each one-time burning permit shall be $10 made payable to the Village of Cassopolis.
C.
A campfire does not require a permit provided that the fire complies
with all other applicable provisions of this chapter.
D.
When weather conditions warrant, the Fire Chief may temporarily suspend
issuing burning permits and may temporarily suspend previously issued
burning permits for open burning.
E.
A burning permit issued under this section shall require compliance
with all applicable provisions of this chapter and any additional
special restrictions deemed necessary to protect public health and
safety.
F.
Any violation of the conditions of a burning permit shall be deemed
a violation of this chapter. Any violation of this chapter or the
burning permit shall void the permit.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire suppression costs and any other liability resulting from
damage caused by the fire.
The Fire Chief or any authorized officer, agent, employee or
representative of the Village of Cassopolis who presents credentials
may inspect any property for the purpose of ascertaining compliance
with the provisions of this chapter.
A.
The Fire Chief or any authorized officer, agent, employee or representative
as are permitted by the Village of Cassopolis Council are authorized
to enforce the provisions of this chapter.
B.
Any person, firm, association, partnership, corporation, or governmental
entity who violates any of the provisions of this chapter or fails
to comply with a duly authorized order issued pursuant to this chapter
shall be deemed to be responsible for a municipal civil infraction
as defined by Michigan Statute which shall be punishable by civil
fine determined in accordance with the following schedule:
(1)
First offense within a three-year period: minimum fine of $75, maximum
of $500.
(2)
Second offense within a three-year period: minimum fine of $150,
maximum of $500.
(3)
Third offense within a three-year period: minimum fine of $325, maximum
of $500.
(4)
Fourth offense within a three-year period: minimum fine of $500,
maximum of $500.
