Township of Three Oaks, MI
Berrien County
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[HISTORY: Adopted by the Township Board of the Township of Three Oaks 3-2-1981 by Ord. No. 11. Amendments noted where applicable.]
This chapter is adopted in the interest of public safety, and is designed to promote the general peace, health, safety and welfare of the Township of Three Oaks.
This chapter provides for the control of fires, burning of trash and rubbish, obtaining of permit, hours to set fires and the prevention of foul odors caused by burning.
No person, partnership, firm, association or corporation shall, within the limits of the Township of Three Oaks, set or cause to be set, burn or cause to be burned at any time any old building, debris from building torn down, brush, limbs or trees on any lot or parcel of ground within the Township of Three Oaks unless such person shall first obtain from the Chief of the Fire Department or a duly authorized representative a permit for such fire or fires. (See § 111-7, Domestic fires.)
Any person, partnership, firm, association or corporation deciding to set or start a fire must obtain a permit from the Fire Chief which states the name and address of the applicant, the location of the land and premises where such fire is to be set, and the time contemplated for setting such fire.
No person shall burn garbage, animal carcasses, refuse, trash, rubbish, or like material giving off foul odors at any time. This section applies to domestic, commercial and industrial fires.
A. 
No person, partnership, firm, business, association or corporation shall set or cause to be set, burn or cause to be burned any paper, trash, rubbish, leaves, cut grass or weeds, unless confined within a fireproof container constructed of metal or masonry with an approved spark arrestor with openings no larger than 3/4 inch. Burners of the metal drum or portable type shall not be located less than 15 feet from any building or less than five feet from the adjoining property line.
B. 
Masonry or heavy metal constructed burners or incinerators shall be constructed to withstand the heat of 1,200° F. and shall be located not less than three feet from a combustible building or property line.
C. 
Masonry or heavy metal burners or incinerators shall be constructed with or attached to a suitable stack, the top of the stack to be at least three feet above the eave line of adjoining building if such building is less than 15 feet from the stack. All stacks are to be properly capped with approved spark arrestors. No permit shall be required for burning which complies with this section.
A "domestic fire" is any fire around the home within the curtilage of the dwelling where the material to be burned has been properly placed in a debris burner constructed of metal or masonry with an approved spark arrestor with openings no larger than 3/4 inch. Burners of the metal drum or portable type shall not be located less than 15 feet from any building or less than five feet from the adjoining property line. No permit shall be required for domestic fires.
Hours of burning, for all types of burning, shall be from sunrise to sunset.
[Amended 9-11-1995 by Ord. No. 25; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any person or persons, partnership or corporation who shall violate any of the provisions of this chapter is responsible for a municipal civil infraction and shall be punishable by the civil fines set forth in Chapter 29, Municipal Civil Infractions, of the Code of the Township of Three Oaks. Repeat offenses shall be subject to an increased civil fine, as set forth in said Chapter 29, Municipal Civil Infractions.
B. 
Each day on which any violation of this chapter continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.