[HISTORY: Adopted by the Township Board of the Charter Township
of Huron 12-16-2009 by Ord. No.
09-03. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch.
271.
This chapter shall be known and cited as the "Open Burn Ordinance"
and is designed to protect the Charter Township of Huron from incurring
expenses from utilization of Township and others' resources to
respond to fires and is otherwise adopted in the interest of public
safety. It is designed to promote the general peace, health, safety,
and welfare of the Charter Township of Huron.
No person, partnership, firm, association, corporation, or any
other entity shall, within the Charter Township of Huron, set or cause
to be set any fire, burn or cause to be burned, at any time, any material
or combustibles on any lot, parcel, or ground unless conducted and
approved in accordance with this chapter.
Subject to the provisions of this section, any person, partnership,
firm, association, corporation, or any other entity may open burn
sticks, twigs, limbs, or other similar natural waste, on that property,
in a residential area subject to the following conditions:
A. An "Open Burning - Residential" permit is required for any residential
open burning. A residential burning permit will be in effect for three
days. Application for such permit shall only be presented by and issued
to the owner of the land upon which the fire is to be kindled.
B. Any and all open burnings must begin after 9:00 a.m. and be completely
extinguished by 9:00 p.m. on those days designated on the open burning
permit, as issued.
C. All such open burnings must be supervised at all times by a responsible
adult and never left unattended until completely extinguished. A minimum
of one portable fire extinguisher with a minimum 4-A rating or other
approved on-site fire extinguishing equipment, such as dirt, sand,
water barrel, garden hose, or water truck, shall be available for
immediate use.
D. Residential open burning shall be located no less than 100 feet from
any buildings and no less than 100 feet from the nearest property
line.
E. For the purpose of this section, the open burning of leaves, grass
clippings, garbage, animal carcasses, trash, rubbish, and building
or household materials, is strictly prohibited.
F. Open burning area of approved natural materials shall be no larger
than four feet square or four feet in diameter and no more than four
feet high when ignited.
G. An open burn of any combustibles which causes noxious smoke, toxic
odor, or smoke of a significant quantity or quality to be released
so as to inhibit the use and enjoyment of neighboring properties is
hereby declared a nuisance and is hereby prohibited. The property
owner and/or other adult who has control or right of control of the
property upon which such release of smoke occurs shall be liable to
the Township for any costs incurred in attempt to control and/or extinguish
the fire. Failure or refusal to pay this restitution shall give rise
to a civil infraction citation. Subsequent charges for violations
of this chapter may be charged as misdemeanors.
H. Failure to adhere to the above conditions may result in the revocation
of any previously issued open burning permit with no fees refunded.
I. The Fire Chief and/or his or her designee may prohibit any outdoor
fires when, in the Fire Chief or his or her designee's opinion,
atmospheric conditions or local, county, or state circumstances make
such fires hazardous.
J. The fee for an open burning permit as required shall be set forth
in the Fee Schedule established from time to time by the Township
Board and shall be paid to the Township Clerk at the time the application
is filed.
A "Domestic Fire - Contained" is any fire near a place of residence,
in which the material to be burned was generated from that property
and has been properly placed in a container constructed of metal or
masonry. No permit shall be required for the above-referenced fires.
A. Containers of the metal drum or masonry type shall not be located
less than 50 feet away from any building or less than 50 feet from
any adjoining property line. No permits shall be required for the
above-referenced fires.
B. These types of fires shall be supervised at all times by a responsible
adult and never left unattended until completely extinguished.
C. For the purpose of this section, the burning of leaves, grass clippings,
garbage, animal carcasses, trash, rubbish, and building or household
materials is strictly prohibited.
D. A contained burn of any combustibles which causes noxious smoke,
toxic odor, or smoke of a significant quantity or quality to be released
so as to inhibit the use and enjoyment of neighboring properties is
hereby declared a nuisance and is hereby prohibited. The property
owner and/or other adult who has control or right of control of the
property upon which such release of smoke occurs shall be liable to
the Township for any costs incurred in attempt to control and/or extinguish
the fire. Failure or refusal to pay this restitution shall give rise
to a civil infraction citation. Subsequent charges for violations
of this chapter may be charged as misdemeanors.
E. The Fire Chief and/or his or her designee may prohibit any outdoor
fires when, in the Fire Chief or his or her designee's opinion,
atmospheric conditions or local, county, or state circumstances make
such fires hazardous.
"Campfires," "bonfires," and "recreational fires" are those
fires of natural materials located within the immediate vicinity of
a camp or place of residence that are contained within or surrounded
by a metal or masonry-type material. No permits shall be required
for the above-referenced fires.
A. Campfires, bonfires, and recreational fires must be supervised at
all times by a responsible adult and never left unattended until completely
extinguished. A minimum of one portable fire extinguisher with a minimum
4-A rating or other approved on-site fire extinguishing equipment,
such as dirt, sand, water barrel, garden hose, or water truck, shall
be available for immediate use.
B. These types of fires shall not be located less than 100 feet from
any building or less than 100 feet from any adjourning property line.
C. These types of fires shall be no larger than four feet square or
four feet in diameter and no more than four feet high when ignited.
D. For the purpose of this section, the burning of leaves, grass clippings,
garbage, animal carcasses, trash, rubbish, and building or household
materials is strictly prohibited.
E. A campfire, bonfire, or recreational fire of any combustibles which
causes noxious smoke, toxic odor, or smoke of a significant quantity
or quality to be released so as to inhibit the use and enjoyment of
neighboring properties is hereby declared a nuisance and is hereby
prohibited. The property owner and/or other adult who has control
or right of control of the property upon which such release of smoke
occurs shall be liable to the Township for any costs incurred in attempt
to control and/or extinguish the fire. Failure or refusal to pay this
restitution shall give rise to a civil infraction citation. Subsequent
charges for violations of this chapter may be charged as misdemeanors.
F. The Fire Chief and/or his or her designee may prohibit any outdoor
fires when, in the Fire Chief or his or her designee's opinion,
atmospheric conditions or local, county, or state circumstances make
such fires hazardous.
"Special event fires" are those fires that are normally incidental
to commemorative or celebratory events that are sponsored by schools,
municipalities, and other not-for-profit organizations. Any person,
partnership, firm, association, corporation, or other entity seeking
to ignite or otherwise host a special event fire must make application
to and obtain from Huron Township a permit for such fire. A formal
written request for the permit must be made to the Charter Township
of Huron Fire Department in care of the Clerk of Huron Township at
least 30 days in advance of any special event fire.
A. Special event fires shall be no larger than 10 feet square or 10
feet in diameter and no more than 10 feet high when ignited.
B. These types of fires shall be located no less than 250 feet from
any building and no less than 250 feet from any property line.
C. Special event fires must be supervised at all times by a responsible
adult and never left unattended until completely extinguished. A minimum
of one portable fire extinguisher with a minimum 4-A rating or other
approved on-site fire extinguishing equipment, such as dirt, sand,
water barrel, garden hose, or water truck, shall be available for
immediate use.
D. For the purpose of this section, the burning of leaves, grass clippings,
garbage, animal carcasses, trash, rubbish, and building or household
materials is strictly prohibited.
E. A special event fire of any combustibles which causes noxious smoke,
toxic odor, or smoke of a significant quantity or quality to be released
so as to inhibit the use and enjoyment of neighboring properties is
hereby declared a nuisance and is hereby prohibited. The property
owner and/or other adult who has control or right of control of the
property upon which such release of smoke occurs shall be liable to
the Township for any costs incurred in attempt to control and/or extinguish
the fire. Failure or refusal to pay this restitution shall give rise
to a civil infraction citation. Subsequent charges for violations
of this chapter may be charged as misdemeanors.
F. Failure to adhere to the above conditions may result in the revocation
of any previously issued open burning permit with no fees refunded.
G. The Fire Chief and/or his or her designee may prohibit any outdoor
fires when, in the Fire Chief or his or her designee's opinion,
atmospheric conditions or local, county, or state circumstances make
such fires hazardous.
H. The fee for a special event fire permit as required shall be set
forth in the Fee Schedule established from time to time by the Township
Board and shall be paid to the Township Clerk at the time the application
is filed.
Subject to the provisions of this section, any person, partnership,
firm, association, corporation, or any other entity may open burn
sticks, twigs, limbs, logs, trees, or other similar natural waste
materials that are generated as a result of the operation of a licensed
commercial business in Huron Township upon the commercial site from
which it is generated. Commercial businesses licensed by Huron Township
that generate natural waste material are defined as farmers, grower
of produce, greenhouses, sod farms, tree farms, nurseries, cemeteries,
etc., and are subject to the following open burn conditions:
A. An "Open Burning - Commercial" permit shall be obtained from the
Huron Township Fire Department prior to kindling a commercial open
burn in Huron Township. A commercial open burning permit shall only
be issued to businesses registered and licensed by Huron Township
for recognized agricultural, range or wildlife management practices,
prevention or control of disease or pests. A commercial open burning
permit shall only allow for the burning of natural waste materials
generated from the permit holder's commercial business as defined
above. Application for such permit shall only be presented by and
permits shall only be issued to the owner of the land upon which the
licensed commercial business is located and the fire is to be kindled.
A commercial open burning permit shall be in effect for one calendar
year (the first of January through the 31st of December of the same
year).
B. Any and all open burnings must begin after 9:00 a.m. and be completely
extinguished by 9:00 p.m. The holder of a commercial open burning
permit must notify and request approval of the Huron Township Fire
Department at least 24 hours prior to kindling any open fire.
C. All such open burnings must be supervised at all times by a responsible
adult and never left unattended until completely extinguished. A minimum
of one portable fire extinguisher with a minimum 4-A rating or other
approved on-site fire-extinguishing equipment, such as dirt, sand,
water barrel, garden hose, or water truck, shall be available for
immediate use.
D. Commercial open burnings shall be located no less than 250 feet from
any building and no less than 250 feet from any property line.
E. For the purpose of this section, the burning of leaves, grass clippings,
garbage, animal carcasses, trash, rubbish, and building or household
materials is strictly prohibited.
F. Commercial open burning of approved natural materials shall be no
larger than 10 feet square or 10 feet in diameter and no more than
10 feet high when ignited.
G. A commercial open burn of any combustibles which causes noxious smoke,
toxic odor, or smoke of a significant quantity or quality to be released
so as to inhibit the use and enjoyment of neighboring properties is
hereby declared a nuisance and is hereby prohibited. The property
owner and/or other adult who has control or right of control of the
property upon which such release of smoke occurs shall be liable to
the Township for any costs incurred in attempt to control and/or extinguish
the fire. Failure or refusal to pay this restitution shall give rise
to a civil infraction citation. Subsequent charges for violations
of this chapter may be charged as misdemeanors.
H. Failure to adhere to the above conditions may result in the revocation
of any previously issued open burning permit with no fees refunded.
I. The Fire Chief and/or his or her designee may prohibit any outdoor
fires when, in the Fire Chief or his or her designee's opinion,
atmospheric conditions or local, county, or state circumstances make
such fires hazardous.
J. The fee for an "Open Burning - Commercial" permit as required shall
be set forth in the Fee Schedule established from time to time by
the Township Board and shall be paid to the Township Clerk at the
time the application is filed.
A. Any burning that will be offensive or objectionable due to smoke
or foul odor emissions or when atmospheric conditions or local, county,
or state circumstances make such fires hazardous shall be prohibited.
The Fire Chief, his or her designee, a police officer, or ordinance
enforcement official is authorized to order the extinguishment of
any fire that creates or adds to a hazardous or objectionable condition.
B. Open burning or contained fires consisting of twigs, branches, limbs,
logs, trees, and other natural materials that resulted from the clearing
of land for commercial building purposes is strictly prohibited.
C. Open burning is prohibited within 1,400 feet of an incorporated city
or village limit.
D. Open burning of construction and/or demolition materials is strictly
prohibited.
Any person, partnership, firm, association, corporation, or
other entity who sets or starts a fire in violation of this chapter
or any property owner and/or other adult who has control or right
of control of the property upon which a fire in violation of this
chapter occurs shall be liable to the Township for any costs incurred
in attempt to control and/or extinguish the fire. Failure or refusal
to pay this restitution shall give rise to a civil infraction citation
or criminal complaint, at the discretion of the Township. A finding
of responsibility for a civil infraction, or finding of guilt for
a misdemeanor complaint, as issued under this chapter shall result
in a court order to pay restitution to Huron Township in addition
to any fine in the amount of $100. For violations of this chapter
which are charged as misdemeanors, upon conviction thereof, violators
shall be subject to a fine or penalty of not less than $100 nor more
than $500, imprisonment for a period not to exceed 90 days, or both
such fine and imprisonment.
A. For any fire to which the Huron Township Fire Department or Police
Department respond, any person, partnership, firm, association, corporation,
or other entity who set or started such fire in violation of this
chapter or any property owner and/or other adult who had control or
right of control of the property upon which such fire occurred shall
reimburse to the Township of Huron any and all costs and charges incurred
by the Township by reason of such fire or emergency response. The
minimum charge for any on-site fire response shall be $500. The minimum
charge for administrative fees for such response shall be $100. Therefore,
the minimum total amount due to the Township shall be $600.
B. All of the foregoing charges and expenses shall be due and payable
within 30 days of the date the invoice is prepared and mailed with
first class standard postage or otherwise hand delivered to any person,
partnership, firm, association, corporation, or other entity who is
deemed responsible for any fire in violation of this chapter, or the
property owner of the site upon which such fire occurred.
C. The dollar amount of the foregoing charges remaining unpaid 30 days
following the mailing or hand delivery of the notice of such charges
may be added to the tax roll of the property owner.
D. In any court of competent jurisdiction, the Township may pursue any
and all civil damages incurred and may recover any and all costs,
expenses, and attorney fees incurred in the process of the recovery
of such costs, including costs incurred prior to filing suit.
The civil and criminal provisions of this chapter shall be enforced
by those persons or agencies designated by the municipal authority.
The Huron Township Fire Chief, his or her designee, Huron Township
police officers, and the ordinance enforcement officer are at all
times granted authority to enforce this chapter.
A. Nothing in this chapter shall be construed to affect any suit or
proceeding pending in any court, rights acquired, liability incurred,
or any cause or causes of action acquired or existing under any ordinance
repealed by this chapter.
B. No just or legal right or remedy of any character shall be lost,
impaired, or affected by this chapter.