[Adopted 6-11-2007 by Ord. No. 2007-01]
[Amended 3-18-2016 by Ord. No. 2016-01]
No person shall kindle or maintain any open fire on any area
abutting Lake Michigan outside individual lots in the Village of Michiana
without having first obtained a written burning permit from the Village
Chief of Police or Village Clerk. Such permit shall be issued by the
Village Chief of Police or Village Clerk upon payment of a permit
fee established by the Village Council. Such permit shall state the
date of issuance, the length of time (not to exceed three days hereafter)
during which it shall be in effect, and the place where such burning
is to take effect. No permit shall be allowed for the burning of yard
waste. Even though a burning permit is obtained as aforesaid, no open
fire shall be kindled or maintained unless the same shall be located
more than 50 feet from any building and shall be constantly attended
until completely extinguished. The Chief of Police or any officer
of the Village of Michiana Police Department shall have the authority
to order extinguishment of any fire whenever in his/her judgment the
same shall constitute a hazard (because of high winds or other conditions)
or a nuisance.
[Amended 3-18-2016 by Ord. No. 2016-01]
No person shall kindle or maintain any bonfire on the public
beaches in the Village of Michiana without having first obtained a
written burning permit from the Village Chief of Police or Village
Clerk. Such permit shall be issued by the Michiana Police Department,
upon payment of a permit fee established by the Village Council, on
forms provided by the Michiana Police Department. Such permit shall
state the date of issuance, the length of time (not to exceed three
days hereafter) during which it shall be in effect, and the place
where such burning is to take effect. Even though a burning permit
is obtained aforesaid, no open fire shall be kindled or maintained
unless the same shall be located more than 50 feet from a building
and shall be constantly attended until completely extinguished. The
Village Chief of Police or any officer of the Michiana Police Department
shall have the authority to order extinguishment of any fire whenever
in his/her judgment the same shall constitute a hazard (because of
high winds or other conditions) or a nuisance.
Upon completion of use, any and all fires, coals and ashes must
be completely extinguished. Small remains of a fire shall be placed
in the nearest waste container or removed by the permittee. Large
pieces of wood or logs shall be removed in their entirety by the permittee.
[Amended 3-18-2016 by Ord. No. 2016-01]
This article requires a permit from the Chief of Police or the
Village Clerk prior to starting an open fire on areas abutting Lake
Michigan outside of platted lots.
A.
Beach fire permit: $100 deposit/permit, refundable upon Village verification
of cleanup.
[Amended 3-18-2016 by Ord. No. 2016-01]
A violation of any section of this article shall be punishable as a municipal civil infraction as set forth in Chapter 28, Municipal Civil Infractions, of this Code. In addition to the penalties provided by this section and Chapter 28 of this Code, the Berrien County Court shall have equitable jurisdiction to enforce any judgment, writ or order necessary to enforce any provision of this article, including but not limited to abatement of any violating condition or the granting of injunctive relief.
As used in this article, the following terms shall have the
meanings indicated:
The open burning of any flammable material on the beach areas
adjacent to Lake Michigan in the Village of Michiana, outside of platted
lots.
Includes natural persons, firms, partnerships and corporations,
and their agents, receivers, servants and trustees.
