[Ord. No. 144, 2-5-2007]
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:
Putrescible animal, poultry, fish, fruit and vegetable wastes
resulting from handling, preparation, cooking or consumption of foods,
including animal, poultry, and fish carcasses or parts thereof.
A fire from which the products of combustion are emitted
directly into the open air without passing through a stack or chimney.
Any thin, flexible material in sheets or leaves made from
rags, wood pulp, or other fibrous material, commonly used to write
or print on, or as wrapping or decoration.
Any nonmetallic compound synthetically produced from organic
compounds, which can be molded in various forms and hardened for commercial
use.
Any article, thing, or object which is effused or rejected
as useless or worthless.
Any product produced from the milky sap (latex) of tropical
plants, or any synthetic product or material resembling rubber.
Nonputrescible solid waste, consisting of both combustible
and noncombustible waste, including metal containers, glass, cloth,
bedding, crockery, scrap lumber or rejected wood products, or materials
from demolished buildings.
[Ord. No. 144, 2-5-2007]
(a)
The open burning of materials identified in this article is declared
and determined to be detrimental to the public health and to constitute
a nuisance per se.
(b)
No person shall kindle, cause, or allow the open burning of garbage,
rubber, plastic, rubbish, or refuse materials, leaves, paper and paper
products, lawn clippings, dead wood and trimmings from trees or shrubs,
garden plants, or other like vegetation.
[Ord. No. 144, 2-5-2007; Ord. No. 150, 5-7-2007]
(a)
The following are not prohibited under the provisions of this article:
(1)
An open fire of charcoal, coal, coke, wood, and non-ash-producing
fuels when used in a pit or grill designed for such fuels in the exclusive
preparation of food for human consumption, and/or recreational burning
which shall include, for description and not limitation, campfires
and related types; provided that:
(2)
Highway safety flares.
(3)
An open fire for occupational needs (building and construction
projects), but in no instance shall materials from building and construction
be disposed of through burning.
(4)
The on-site burning of combustible building and construction
materials during the period of a valid building permit for on-site
construction.
(5)
An open fire in the course of making repairs to objects or structures;
provided, however, open burning required in the course of making repairs
to objects and structures may be allowed only upon issuance of a permit
by the Fire Chief upon demonstration that the material to be burned
does not contain hazardous materials regulated by the state department
of environmental quality (MDEQ), verification of which must be provided
by an independent environmental consultant acceptable to the Village
Council and Village attorney.
(b)
Open burning may be permitted by special permit issued by the Fire
Chief (which shall be a final determination) after a determination
by the Fire Chief that such open burning will occur under the following
circumstances:
[Ord. No. 144, 2-5-2007]
A person who engages in open burning shall be responsible for
all fire suppression costs and any other liability resulting from
damage caused by the fire.
[Ord. No. 144, 2-5-2007]
(a)
The chief of the Fire Department shall have the responsibility of
enforcement of this article. Enforcement assistance may be obtained
from members of the Police Department when so directed by the Village
Administrator or Fire Chief.
(b)
The chief and members of the Fire Department shall have the authority
of police officers when enforcing the provisions of this article,
including the authority to issue citations in the name of the Village
for violations of this article, but shall not have the power to make
arrests. The authority of the chief and Fire Department personnel
shall include the authority to extinguish any fire which is in violation
of this article, or the authority to extinguish any fire which the
chief or the member of the Fire Department has probable cause to believe
is in violation.
(c)
Whenever the chief or member of the Fire Department has probable
cause to believe that a violation exists of the provisions of this
article, such person shall have the authority to enter upon the outdoor
portions of residential premises in order to conduct an inspection.
If such premises are occupied, the enforcement officer shall first
identify himself to the owner or occupant by presentation of proper
credentials and demand entry; if the dwelling or premises are unoccupied,
the officer shall first make a reasonable effort to locate the owner
or occupant having charge or control of the premises and demand entry.
If entry is refused, such refusal shall constitute prima facie evidence
that a violation of this article has occurred. If entry is refused,
recourse may be had to any remedy provided by law to secure entry.
[Ord. No. 144, 2-5-2007]
Any person violating this article shall be responsible for a
municipal civil infraction.
