[HISTORY: Adopted by the Township Board of the Charter Township
of Oakland 10-22-1983 by Ord. No. 28 (Ch. 8, Art. III, of the
2007 Code of Ordinances). Amendments noted where applicable.]
A.
No person shall kindle, set or maintain any fire or authorize any
open fire in which rubbish or waste materials would be burned on any
privately owned land or on any public land, road, street or alley
within the Township without first having secured a permit therefor
from the Chief of the Fire Department, or his representative, servicing
the area in which such fire is to be set.
B.
No person shall start, or maintain any fire within the Township to
burn leaves, grass, rubbish or waste materials unless such person
shall have secured a permit as heretofore provided, and then in such
event no such fire shall be closer than 15 feet from any wood or frame
structure, fence, tree, hedge or property line and adequate provision
is made to prevent such fire from spreading. Any person setting or
maintaining such a fire shall remain at such fire until the same is
completely extinguished and shall do whatever is necessary to prevent
such fire from spreading to other lands.
C.
No person shall start or maintain without a permit any fire on land
owned by another without written permission from such owner or his
authorized agent.
D.
The Fire Chief or his representative may make reasonable conditions
in any permit to burn as provided herein to prevent the spreading
of such fires, and he may prohibit any burning of leaves, grass or
rubbish when atmospheric conditions or local circumstances may make
such fire hazardous.
E.
Any person owning or operating a place of business within the Township
may burn paper and other wastes which accumulate as an incident to
the operation of such business, providing the burning is in an approved
burner, but no such person may burn any waste materials which accumulate
on other premises or are brought to the place of business for disposal.
F.
No person shall burn or dispose of waste materials in such a manner
as to cause or permit the smoke, dust, cinders or ashes to escape
and settle upon or permeate the air above any adjoining or nearby
premises in such a manner as to become a nuisance or a danger to health.
G.
Any person, real or corporate, who starts or permits any other person
to start, without a permit, a fire on their property; or neglectfully
or carelessly permits a fire within the Township to spread or go out
of control shall be liable to the Township for the actual costs of
extinguishing such fire, and shall be liable to other persons damaged
thereby.
H.
In order to more fully comply with the requirements as set out in
Part 55 of Public Act No. 451 of 1994 (MCLA § 324.5501 et
seq.), it is hereby provided that the following guidelines shall be
adhered to by the Fire Chief, or his representative, in the administration
of this chapter and the issuance of burning permits:
(1)
The burning of refuse shall be allowed without permit in incinerators
that comply with the air pollution control laws cited above and the
rules and regulations of the state Fire Marshal.
(2)
The open burning of refuse from a multiple dwelling is prohibited.
(3)
The open burning of refuse at commercial and industrial sites is
prohibited.
(4)
The open burning of building demolition material is prohibited.
(5)
The open burning of automobile bodies is prohibited.
(6)
The burning of trees, logs, brush and stumps at land-clearing operations
may be permitted in rural areas unless it creates a nuisance or hazard
to health. Trees, plastics, and similar materials are not to be used
in such fires.
(7)
The burning of trees, logs, brush and stumps may be permitted at
a licensed disposal site on an intermittent basis under a schedule
approved by the local health department. Tires, plastics and similar
materials are not to be used in such fires.
(8)
The burning of highly flammable, toxic, or explosive materials is
prohibited without special approval.
(9)
The plans and construction of all refuse incinerators, except for
household use, must be reviewed and approved by the Air Pollution
Control Section of the State Department of Environmental Quality.
Permit application forms are available on request.
(10)
Special or unusual burning problems not covered in the above
listing should be reviewed with local health department representatives
or representatives of the state department of environmental quality,
and the Fire Chief, or his representative.
(11)
A controlled fire permit fee as currently established or hereafter
adopted by resolution of the Township Board from time to time shall
be paid to the Fire Chief, or his representative, upon application
for such a permit, which fee shall be deposited to the general fund
of the Township.
[Amended 6-8-1999 by Ord. No. 81[1]]
Any person who shall violate any of the provisions of this chapter, or who shall fail to comply therewith shall be responsible for a municipal civil infraction, and upon a determination of responsibility shall be subject to a civil fine as set forth in Chapter 1, Article I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this chapter. Each day that a violation is permitted to exist shall constitute a separate violation.
