[1]
State law references: Air pollution, MCL 324.5501 et seq.;
open burning, MCL 324.11522.
[Code 1974, § 38-1]
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:
The open burning of any cut trees, vegetation, or lumber.
The burning of a bonfire, rubbish fire, or other fire in
an outdoor location where fuel being burned is not contained in an
incinerator, outdoor fireplace, barbecue grill, or barbecue pit.
The burning of materials others than rubbish where fuel being
burned is not contained in an incinerator, outdoor fireplace, barbecue
grill, or barbecue pit and the total fuel area of three feet (914
mm) or less in diameter and two feet (610 mm) or less in height for
pleasure, religious, ceremonial, cooking or similar purposes.
Waste material including, but not limited to, garbage, waste
paper, and debris from construction or demolition.
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Cross reference: Definitions generally, § 1-2.
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[Code 1974, § 38-2]
(a)
It shall be unlawful for any person to open burn or permit the open burning within the Township of any garbage, food containers, rubbish, or other waste material, including, by way of description but not by way of limitation, any leaves, brush, tree trimmings, grass, magazines, boxes, paper, straw, saw dust, paper packing materials, wood shavings, wood chips, or any other wood products; except as may be permitted under §§ 26-53 and 26-54.
[Code 1974, § 38-3]
Provided there is compliance with the provisions of the fire code in force in the Township, § 26-52 shall not apply to:
(1)
The preparation of food in conventional charcoal, wood, or gas grills
specifically designed for that purpose.
(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 for the purpose of boiling tar, pitch
or oil used in the course of an appropriate business or trade and
while being used in a safe and sanitary manner.
[Code 1974, § 38-4; Ord. No. 2009-06, 8-16-2009]
(a)
Open burning may be conducted upon obtaining a written permit from
the Fire Chief or his designee for the following purposes:
(1)
Fires set for Fire Department training purposes or similar Fire
Department activities.
(2)
For occasional special events, such as high school rallies,
block parties, yule logs, and religious gatherings, and for recreational
fires.
(3)
Rural residential open burning limited to open burning of materials
that grow on the lot shall be allowed on lots of one acre or more
in areas zoned rural residential. The pile is limited to 4 feet x
4 feet x 4 feet.
(4)
Prescribed burns, with a written plan in regards to the initiation,
control and extinguishing of the burn, to maintain natural habitat.
(b)
No permit shall be issued under this section until:
(1)
A written request is made for the open burning permit and signed
by the party that will be responsible for meeting all conditions and
requirements of the permit.
(2)
The area has been inspected by the Fire Chief or his designee
as to suitability for open burning, and as to any additional requirements
for the prevention of spread of fire and the protection of citizens.
(c)
Any permit issued under this section may be limited by imposition
of conditions to prevent or limit the creation of smoke and/or protect
property and health, safety and comfort of persons from the effects
of the burning. No permit shall be issued under this section for the
open burning of building demolition or excess construction materials;
the open burning of refuse or the open burning of yard waste, such
as leaves, brush, tree trimmings and grass, except as allowed in rural
residential open burning. Any permit issued under this section may
be revoked or canceled by the Fire Chief or his designee.
