[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.]
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:
Grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
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.
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.
- CLEAN WOOD
- 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.
- CONSTRUCTION AND DEMOLITION WASTE
- 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.
- FIRE CHIEF
- The Chief of the Central Cass Fire Department or other person designated by the Fire Chief.
- A county, township, city, or village.
- OPEN BURNING
- 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.
- OUTDOOR BURNING
- 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.
Open burning of trees, logs, brush, stumps, leaves, and grass clippings is prohibited.
Open burning of logs, brush, stumps, is allowed only in accordance with all of the following provisions:
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.
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.
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.
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.
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.
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.
No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or water body.
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.
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.
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.
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.
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.
A campfire does not require a permit provided that the fire complies with all other applicable provisions of this chapter.
When weather conditions warrant, the Fire Chief may temporarily suspend issuing burning permits and may temporarily suspend previously issued burning permits for open burning.
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.
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.
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.
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:
First offense within a three-year period: minimum fine of $75, maximum of $500.
Second offense within a three-year period: minimum fine of $150, maximum of $500.
Third offense within a three-year period: minimum fine of $325, maximum of $500.
Fourth offense within a three-year period: minimum fine of $500, maximum of $500.