[HISTORY: Adopted by the Township Board of the Township of Cannon by Ord. No. 95-22; amended by Ord. No. 97-15; 2-27-2006 by Ord. No. 2006-3. Subsequent amendments noted where applicable.]
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),[1] the Forest Fire Act (Act 329 of 1969),[2] and the Solid Waste Management Act (Act 641 of 1978; Act 267 of 1990);[3]
[1]
Editor's Note: See now MCL 324.5501 et seq.
[2]
Editor's Note: See now MCL 324.51501 et seq.
[3]
Editor's Note: See now MCL 324.11501 et seq.
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.
A. 
The Township Board finds that a number of responses of the Township Fire Department involve persons who fail to burn in accordance with the conditions of an approved open burning permit or who fail to obtain an open burning permit as required by law. These violations pose a substantial likelihood of personal or property damage and place a financial and operational burden on the Township's Fire Department. Accordingly, any person who burns without a valid open burning permit or who burns in violation of conditions of approval of a valid open burning permit shall be liable for all emergency response expenses if such person's activities cause an incident resulting in an emergency response. Liability for these expenses will also apply to a property owner who permits or consents to another's burning without a valid permit or in violation of conditions of approval of a valid open burning permit on that owner's premises.
B. 
The expense of an emergency response shall be a charge against the person or property owner liable for the expense under this chapter. The charge shall constitute a lien against the property as well as a debt of that person and is collectible by the Township in the same manner in which general property taxes may be collected, or, alternatively, in the same manner as in the case of an obligation under a contract.
C. 
The expense of an emergency response shall include, though shall not be limited to, the amounts calculated as follows:
(1) 
$125 or such other fees which may be established by resolution of the Township Board per hour, or fraction thereof, for each pumper required, in the opinion of the officer in command, to be used in responding to the emergency.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
$125 or such other fees which may be established by resolution of the Township Board per hour, or fraction thereof, for each water tender required, in the opinion of the officer in command, to be used in responding to the emergency.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
$125 or such other fees which may be established by resolution of the Township Board per hour, or fraction thereof, for any other Township-owned Fire Department vehicle or other emergency vehicle required, in the opinion of the officer in command, to be used in responding to the emergency.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4) 
All personnel-related costs incurred by the Township as a result of responding to the open burning incident. Such costs may include, but are not limited to, wages, salaries and fringe benefits and insurance for full-time and part-time firefighters.
(5) 
Overtime pay and related fringe benefit costs for hourly employees and fire run fees paid to on-call firefighters. Such personnel-related charges shall commence after the first hour that the department having jurisdiction has responded to an open burning incident, and shall continue until all firefighting personnel have concluded open burning incident related responsibilities.
(6) 
Other expenses incurred by the Township in responding to the open burning incidents, including but not limited to rental or purchase of machinery, equipment, labor, consultants, legal and engineering fees, and the replacement costs related to disposable personal protective equipment, extinguishing agents, supplies, water purchased from municipal water systems and meals and refreshments for personnel while responding to the open burning incident.
(7) 
Charges to the Township imposed by any local, state or federal government entities related to the open burning incident.
(8) 
Costs incurred in accounting for all open burning incident related expenditures, including billing and collection costs.
D. 
The Fire Chief may, following the conclusion of an open burning incident, or at any other appropriate time, submit a detailed listing of all known costs and expenses relating to or arising out of the incident to the Township Treasurer, who shall prepare an invoice directed to the responsible party or parties demanding payment in full for all such costs and expenses. The invoice shall require full payment in 30 days from the date of mailing. Additional costs and expenses that may become known following transmittal of the invoice shall be billed in the same manner upon subsequent invoices to the responsible party.
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.