Unregulated open burning creates a risk to the health, safety
and welfare of the residents of Cannon Township. Open burning is a
fire risk which may create hazardous by-products that can irritate
eyes and lungs, obscure visibility, create odors and pose other health
threats. Open burning may substantially increase the discomfort of
residents who suffer from asthma, chronic bronchitis or other respiratory
ailments. This chapter is intended to reduce the adverse effects of
unregulated open burning throughout the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
OPEN BURNING
The burning of any flammable material that is not done within
a structure or building. Open burning shall not include use of internal
combustion engines, or the use of properly installed and maintained
smokeless, odorless incinerators.
OPEN BURNING PERMIT
Permission to burn, issued orally or in writing by the Cannon
Township Fire Chief or other authorized officer of the Cannon Township
Fire Department.
YARD CLIPPINGS
Leaves, grass clippings, vegetable or other garden debris,
shrubbery, brush, wood, twigs or tree trimmings less than four feet
in length and two inches in diameter.
Open burning within the Township of any material is hereby prohibited
except as follows:
A. Open burning of yard clippings may be conducted within Cannon Township, provided the provisions of §
142-4 of this chapter are satisfied.
B. The provisions of this chapter shall not apply to fires approved
by the Fire Chief for the purpose of training firefighters.
C. The provisions of this chapter shall not apply to burning barrels used for the burning of residential waste so long as the barrel is constructed of metal or masonry and has a metal cover with holes no larger than 3/4 inch wide and so long as the burning complies with §
142-4F of this chapter.
D. The provisions of this chapter shall not apply to agricultural burning,
including the burning of brush, trees and crop fields, on farms when
performed in accordance with generally accepted agricultural and management
practices (GAAMPS). Similarly, this chapter shall not apply to the
open burning of beekeeping equipment and products, when burned for
bee disease control.
E. Open fires used solely for cooking for immediate human consumption,
or for recreation or ceremonial purposes, shall not be prohibited
if the following conditions are satisfied:
(1) Any fire in excess of three feet across shall require an open burning
permit;
(2) Such open fire shall not be composed in whole or substantial part
of leaves or grass clippings; and
(3) Such open fire shall use nonprocessed wood and shall not burn garbage or any material described in §
142-4F of this chapter.
The open burning of yard clippings may be conducted within Cannon
Township, provided all of the following conditions are satisfied:
A. An open burning permit is obtained from the Cannon Township Fire
Department (the "Fire Department");
B. The open burning is conducted in accordance with all applicable state
laws, including the Air Pollution Control Act (Act 348 of the Public
Acts of 1965), the Forest Fire Act (Act 329 of 1969), and the Solid Waste Management Act (Act 641 of 1978; Act
267 of 1990);
C. The open burning is performed under the constant supervision of a
responsible person, who must be 18 years of age or older;
D. Open burning shall be permitted only during daylight hours;
E. Open burning shall not be permitted within 35 feet of any building or other structure or within 25 feet of any right-of-way line or property line, except the joint property line of adjacent properties jointly conducting burning operations under Subsection
G below. Open burning is prohibited on any public roads or private roads;
F. The burning of tires, plastics or any other materials that may result
in noxious odors or other seriously offensive conditions is prohibited.
It shall be a violation of this chapter to burn any substance which
emits, in substantial concentration, smoke or gas which is toxic to
plant or animal life, noxious or offensive in odor, or creates a lasting
condition of thick smoke;
G. Open burning shall be permitted only on the premises from which the
yard clippings originated; provided, however, owners of adjacent lands
may jointly conduct burning operations; and
H. Open burning of leaves and grass clippings shall be permitted only
on Thursdays, Fridays and Saturdays, and only from October 18 through
November 14; provided, however, that the Township Board, by resolution
or motion, may provide that, for any particular year, such open burning
shall also be permitted on any additional Thursdays, Fridays and Saturdays.
The Fire Department may impose reasonable conditions prior to
granting approval for an open burning permit, including conditions
relating to the time, location, duration, manner of burning, the type
of material to be burned and the quantity of material to be burned.
Before issuing a permit, the Fire Department shall take into consideration
the physical characteristics of the land on which the fire is to be
located, the weather conditions on the date of burning, the extent
of possible air pollution, the number of permits already issued, the
proximity of the proposed fire to any structure, and other factors
which may affect the health, safety and welfare of the people of Cannon
Township. The Fire Department may withdraw approval of a permit if
open burning would be unsafe due to the particular circumstances of
a request, including, but not limited to, unfavorable weather conditions.
Violation of any provision of this chapter is a municipal civil
infraction for which the fine shall be not less than $100 nor more
than $500 for the first offense and not less than $200 nor more than
$2,500 for subsequent offenses, in the discretion of the court, and
in addition to all of costs, damages and expenses provided by law.
For purposes of this chapter "subsequent offenses" means a violation
of this chapter committed with respect to a separate incident by the
same person within 12 months of a previous violation of the chapter
for which said person admitted responsibility or was adjudicated to
be responsible. Each day that a violation occurs shall constitute
a separate offense. In this regard, when the Fire Department or other
agencies of the Township take action in connection with open burning
conducted in violation of this chapter or in violation of an open
burning permit issued pursuant to this chapter, whether in response
to a call for assistance or otherwise, the actual costs incurred by
the Township in taking such action and all actual costs relating thereto
or arising therefrom shall be imposed upon the responsible parties,
whether jointly or severally. Those costs may be invoiced to the responsible
parties who shall pay within 30 days of receipt of the invoice. Any
additional costs and expenses that become known to the Fire Chief
following the transmittal of the invoice shall be billed in the manner
upon subsequent invoices to the responsible party.