[Ord. No. 465,
passed 10-28-1991]
As used in this chapter:
(a)
COMBUSTIBLE WASTE MATTER — Means magazines, books, trimming
from trees, pasteboard boxes, paper, sawdust, paper packing material,
wood shavings, or boxes that are rapid burning and would not smolder.
(b)
FLAMMABLE MATERIAL — Means any material that will readily ignite
from common sources of heat or any material that will ignite at a
temperature of 600° F. or less.
(c)
INCINERATOR — Means an industrial or commercial structure or
portion thereof, container, device or other appliance designed, used
or intended to be used for the disposal of combustible waste material,
flammable material or rubbish by burning.
(d)
OPEN FIRE — Means a fire made from any combustible waste material,
flammable material or rubbish, which fire is kindled and maintained
in whole or in part in the open air.
(e)
RECREATIONAL FIRE — Means a noncommercial burning of materials
other than rubbish for pleasure, religious, ceremonial, cooking, or
similar purposes, in which the fuel burned is not contained in an
incinerator, a barbecue grill, or a barbecue pit, and the total fuel
area does not exceed three feet in diameter and two feet in height.
[Amended 6-24-2019 by Ord. No. 821]
(f)
REFUSE — As used herein shall be all manner of same including,
but not limited to, ashes, rags, discarded clothing, discarded furniture,
discarded appliances, tin cans, tin ware, bottles, broken glass, waste
paper, motor vehicles or automobiles or trucks which are unlicensed
and which are in an inoperable condition, or motor vehicles which
although licensed are abandoned, or motor vehicles which although
licensed are dismantled, partly dismantled and/or in an inoperable
condition and which remain in a dismantled, partly dismantled and/or
in an inoperable condition for 90 days or more. The word "refuse"
shall further include all types of automotive or motor vehicle parts
or components for which no storage in a building is provided. The
words refuse, trash, rubbish and debris shall be considered synonymous
terms for the purposes of this chapter.
[Ord. No. 465,
passed 10-28-1991]
Except as permitted in subsection (c) hereof, no person shall:
(a)
Public property. Kindle or maintain any open fire or authorize any
such open fire to be kindled or maintained on or in any public street,
alley, road or other public place.
(b)
Private property. Kindle or maintain any open fire or authorize any
such open fire to be kindled or maintained on any private property.
During construction or demolition of buildings or structures, no waste
materials or rubbish shall be disposed of by burning on the premises
or in the immediate vicinity thereof.
(c)
(1)
The burning of wood, charcoal, coke or other accepted fuel for
the preparation of food in any form, in an approved container or utensil
manufactured for food preparation, while being used in a safe and
sanitary manner;
(2)
The use of approved gaseous or liquid-fired salamanders commonly
employed in conjunction with building and construction operations,
when used in accordance with accepted safety standards;
(3)
Roofers, tinners, plumbers or other mechanics pursuing a business
requiring the use of fire, or fires for the purpose of boiling tar,
pitch or oil used in the regular course of an appropriate business
or trade, while being used in a safe and sanitary manner and conforming
to all other applicable codes;
(4)
Open burning that is specifically permitted in writing, by the
Fire Chief for Fire Department and civil defense purposes, after a
determination by the Fire Chief that such open burning will occur
under the following circumstances:
(5)
Fires deemed necessary in times of disaster or emergency pursuant
to the Fire Chief's emergency order;
[Ord. No. 465,
passed 10-28-1991]
(a)
The burning of leaves in the City is hereby prohibited, except as
follows:
(1)
During an emergency, the City Manager may request the City Council
to authorize the burning of leaves.
(2)
The City Council may establish a specific time period for the
burning of leaves. Notice of the time period and hours shall be published
in a newspaper of general circulation in the City and shall be posted
in the City Hall.
(b)
The following conditions, requirements and safeguards shall apply
to the burning of leaves:
(1)
Such burning is permitted on private property only with the
consent of the owner or person in charge of the property.
(2)
The burning of leaves is permitted on public rights of way,
except upon sidewalks, roadway traffic lanes, parking areas, paved
areas, streets or curbs and gutters.
(3)
No person shall burn leaves or authorize such burning on any
private or public property, unless the location of the burning is
more than 50 feet from any structure and adequate provisions are made
to prevent the fire from spreading to within 50 feet of any structure.
(4)
A fire resulting from the burning of leaves shall be constantly
attended by a competent adult of 18 years or older until such fire
is extinguished. Such person shall have a garden hose connected to
a water supply or other fire extinguishing equipment readily available
for use.
(5)
The burning of leaves is hereby prohibited when atmospheric
conditions make such fire hazardous or when the wind velocity is more
that 10 miles per hour as established by the National Weather Service.
[Ord. No. 465,
passed 10-28-1991]
No person shall install, alter, operate or construct a commercial
or industrial incinerator or any other refuse burning equipment for
commercial or industrial use (or allow the same to be done), without
first obtaining a permit therefor from the Department of Natural Resources,
Air Quality Division.
[Ord. No. 506,
passed 8-14-1995; amended 6-24-2019 by Ord. No. 821]
Recreational fires shall be permitted in accordance with 10.10.3 of the NFPA 1 as adopted by Chapter 1610 of these Codified Ordinances. Recreational fires shall include, without limitation, "campfires" and "bonfires." The fuel for a campfire shall be of a natural wood or charcoal. All other materials, including construction materials, shall be prohibited. A campfire shall be deemed to be in an approved container if it is kindled in a fireproof container or in or on the ground in such a fashion as to prevent the spread of such fire. The use of flammable or combustible liquids shall be prohibited. All recreational fires must be attended by a competent person until such fire is extinguished, and such person shall have a garden hose connected to the water supply or other fire-extinguishing equipment readily available for use until such fire is extinguished.
[Ord. No. 506,
passed 8-14-1995]
The burning of combustible waste matter shall be prohibited
in all Residential Districts of the City.
[Ord. No. 500,
passed 12-12-1994]
The Director of Police and Fire Services and his or her designated representative are hereby designated as the authorized City official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.
[Ord. No. 500,
passed 12-12-1994]
(a)
A person who violates any provision of this chapter is responsible
for a municipal civil infraction and shall be subject to the payment
of a civil fine of not less than $50, plus costs and other sanctions,
for each infraction. A second offense, within a period of 90 days,
shall be subject to a civil fine of not less than $100, plus costs
and other sanctions, for each infraction. Third and subsequent offenses,
within 90 days, shall be subject to a civil fine of $250, plus costs
and other sanctions, for each infraction.
(b)
In addition to or in lieu of the penalty provided in subsection (a) hereof, the offender shall reimburse the City for the reasonable costs of control, investigation and/or suppression of illegal fires.
(c)
The imposition of one penalty for a violation of or noncompliance
with any of the provisions of this chapter shall not excuse the violation
or noncompliance or permit it to continue, and whoever so violates
or fails to comply is required to correct or remedy the violation
or noncompliance within a reasonable time. When not otherwise specified,
a separate offense shall be deemed committed each day during or on
which a violation or noncompliance occurs or continues.
(d)
The Director of Police and Fire Services may collect a fee, based
on costs incurred by the City, when the Fire Department is called
upon to investigate or extinguish a fire which has been kindled or
maintained in violation of this chapter. The fee shall be charged
to the occupants of the premises where the violation occurs. The fee
shall be not less than $25, except that if a similar violation occurs
on the same premises within any ninety-day period, the minimum fee
to be charged for a second and any succeeding violation shall be $50.
Charges for Fire Department services under this subsection, which
remain unpaid for a period of 30 days or more, may be placed as a
lien on the premises where the violation occurred, provided, however,
that no lien shall be placed on the premises until the owner has been
served with a notice to show cause before the City Council as to why
a lien should not be placed on the premises. Following a show cause
hearing, the City Council may waive a lien if it appears that the
owner of the premises has cooperated with the City in the collection
of Fire Department fees.
