The purpose of this chapter is to control unregulated burning
in the Village. The Village has found that unregulated burning increases
the risk of property damage caused by fires and threatens the safety
and well-being of the Village's residents and other persons.
The Village further finds that greater regulation of burning is necessary
because the residential density of the Village has increased dramatically,
and because smoke from open burning, particularly burning leaves,
exacerbates breathing difficulties for many individuals. Further,
other local units of government bordering the Village and in the general
area have enacted leaf-burning bans. The Village has approved this
chapter to regulate open burning throughout the Village.
The following words, terms, and phrases when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
BONFIRE
A type of recreational fire, which may be allowed in accordance
with the provisions below.
FIRE CHIEF
The Chief of Spring Lake Fire Department or other person
designated by the Fire Chief.
SUPERVISING ADULT
A person who is an adult (i.e., at least 18 years of age)
and who is the person responsible to supervise a fire.
Subject to the provisions of §
135-3B, no person shall:
A. Set on fire or cause to be set on fire any flammable material located
on a roadway, sidewalk, bicycle path, or any improved portion of a
street;
B. Dispose of a lighted match, cigarette, cigar, ashes or other flaming
or glowing substance, or any other substance or thing that is likely
to ignite a forest, brush, or grass fire, or throw or drop from a
moving vehicle any such objects or substances;
C. Set on fire or cause to be set on fire any flammable material without
taking reasonable precautions, both before and at all times after
lighting the fire, to prevent the fire from spreading;
D. Leave a fire before it is extinguished, if the person is the supervising
adult;
E. Set a backfire or cause a backfire to be set, except under the direct
supervision of the Fire Chief;
F. Use or operate a welding torch, tar pot, or any other device which
may cause a fire outside of a building, without clearing flammable
material surrounding the operation and without taking such other reasonable
precautions necessary to ensure against the starting and spreading
of fire;
G. Operate or cause to be operated any engine, machinery or motor vehicle
not equipped with spark arresters or other suitable devices to prevent
the escape of fire or sparks;
H. Discharge or cause to be discharged a gun firing flares, incendiary
or tracer bullets or tracer charges onto or across any forest or grassland;
I. Engage in open burning except in compliance with this chapter, and
even with a supervising adult present, who shall be liable for costs
incurred by the Village;
J. As a supervising adult, allow an open fire to smolder;
K. As a supervising adult, allow an open fire to remain burning when
wind velocity is below three miles per hour or exceeds seven miles
per hour; or
L. Engage in any other activity which is prohibited by the terms of
this chapter.
In addition to any other charges, fines or penalties for which a person may be liable under applicable law or local ordinance, any violation of this chapter shall constitute a municipal civil infraction, subject to §
1-2, plus costs and other sanctions, for each infraction. Each day during which any violation of this chapter continues shall be deemed a separate and distinct offense. Increased civil fines may be imposed for "repeated violations," which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in §
1-2.