[Ord. of 6-20-1994, §§ 2 through 7; amended in its entirety 7-9-2019 by Ord. No. 176]
This article is adopted pursuant to and in accordance with Act No. 359 of the Public Acts of Michigan of 1947 (MCL 42.1 et seq., MSA 5.46(1) et seq.), as amended.
This article applies to all outdoor burning and open burning within the Township of Chesterfield except:
(a) 
This article does not apply to campfires that are not greater than four feet wide by four feet deep by four feet tall.
(b) 
This article does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
(c) 
This article does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building for human or animal habitation.
(d) 
This article does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities or small (clean) wood fires confined to a metal container utilized by licensed contractors for masonry work during the months of December, January, February or March.
Except as provided within this article, open burning of any materials and of any type is expressly prohibited.
As used in this article, the following terms shall have the meanings indicated:
CAMPFIRE
A small outdoor fire intended for ceremonial purposes, recreation or cooking but not including a fire intended for disposal of waste wood or refuse. Size limited to four feet wide by four feet deep by four feet tall.
CLEAN WOOD
Natural wood which has not been painted, varnished or coated with similar materials; has not been pressure treated with preservatives; and does not contain resins or glues as a plywood or other composite wood products.
CONSTRUCTION AND DEMOLITION WASTE
Building waste materials, including but not limited to waste shingles, insulations, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.
FIRE CHIEF
The Chief of the Chesterfield Township Fire Department or other person designated by the Fire Chief or Director of Public Safety.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. Open burning includes campfires that are greater than four feet wide by four feet deep and four feet tall.
OUTDOOR BURNING
Open burning or burning in an outdoor wood-fired boiler or patio wood burning unit.
OUTDOOR WOOD-FIRED BOILER
A wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.
PATIO WOOD-BURNING UNIT
A chimney, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.
PRESCRIBED BURN
The burning, in compliance with a prescription and to meet planned fire or land management objectives, of a continuous cover of fuels. A "prescription" means a written plan establishing the criteria necessary for starting, controlling, and extinguishing a burn.
REFUSE
Any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.
All open burning of refuse is prohibited, including but not limited to the burning of:
(a) 
Construction and demolition waste.
(b) 
Hazardous substances, including but not limited to batteries, household chemicals, pesticides, used oil, gasoline, paints, varnishes and solvents.
(c) 
Furniture and appliances.
(d) 
Tires.
(e) 
Any plastic materials, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(f) 
Treated or painted wood, including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
Open burning of yard waste, including but not limited to trees, logs, brush, stumps, leaves, and grass clippings is allowed only in accordance with the following provisions:
(a) 
A permit issued in accordance with Section 38-150 of this article must be obtained prior to open burning.
(b) 
Open burning of yard waste, including but not limited to trees, logs, brush and stumps must be conducted at least 1,400 feet from an incorporated city or village limit.
(c) 
Except for barbecue, gas, and charcoal grills, no open burning shall be undertaken during periods when the Governor of Michigan, Department of Environmental Quality or Department of Natural Resources or Fire Chief has issued a burning ban applicable to the area. Permit holders shall be responsible for determining if a ban is in place.
(d) 
All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or a visibility hazard on roadways, railways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.
(e) 
Except for campfires, open burning shall be conducted only on the property on which the materials were generated.
(f) 
Open burning under this section shall only be conducted at a location at least 50 feet from the nearest building which is not on the same property.
(g) 
Except for campfires, open burning shall only be conducted during daylight hours and shall be completely extinguished prior to sunset.
(h) 
Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for such fire extinguishing equipment as may be necessary for the total control of the fire.
(i) 
No materials may be burned in or upon any street, curb, gutter, sidewalk or ditch.
(j) 
Except for barbecue, gas, and charcoal grills, no burning shall be undertaken within 25 feet from any combustible material, combustible wall or partition, exterior window opening, existing access or exit unless authorized by the Fire Chief.
(a) 
Prescribed burns are allowed only if conducted in accordance with the written plan for starting, controlling and extinguishing the burn. Such plan must be filed with the Fire Department at least seven days prior to the scheduled prescribed burn.
(b) 
Fires set for forest, prairie, and wildlife habitat management are allowed only if conducted in accordance with Part 515 of the Natural Resources and Environmental Protection Act, MCLA § 324.51501 et seq.
(c) 
Open burning during winter months (December, January, February and March) is allowable on the Salt River for the eradication of phragmites if such operation is carried out in conjunction with the Fire Department, in accordance with terms and conditions set forth on the burning permit.
A patio wood-burning unit may be installed and used in the Township only in accordance with all of the following provisions:
(a) 
The patio wood-burning unit shall not be used to burn refuse.
(b) 
The patio wood-burning unit shall burn only clean wood.
(c) 
The patio wood-burning unit shall be located at least 15 feet from any structure and 25 feet from the nearest structure which is not on the same property as the patio wood-burning unit.
(d) 
The patio wood-burning unit shall not cause a nuisance to neighbors.
Notwithstanding other provisions of this article, structures and other material may be burned for fire prevention training only after seven days' notice to, and approval by the Fire Chief and/or Director of Public Safety and only in accordance with all of the following provisions.
(a) 
The burn must be exclusively for fire prevention training. The burning shall not be used as a means to dispose of waste material, including tires and other hazardous materials.
(b) 
All ash shall be disposed of in an approved landfill or at an alternate location approved by the Michigan Department of Environmental Quality.
(c) 
Asphalt shingles and asphalt or plastic siding shall be removed prior to the practice burn unless the Fire Chief determines that they are necessary for the fire practice.
(d) 
At least 48 hours before a planned practice burn, residents within 1,000 feet of the site of the proposed burn shall be notified.
(e) 
All fire suppression training must conform to the guidelines established by the National Fire Protection Association (NFPA) Standard on Live Training Evolutions (NFPA 1403).
(a) 
There shall be no open burning or campfires within 1,000 feet of any school while school is in session.
(b) 
Campfires shall not require permits but must not be larger than four feet wide by four feet deep by four feet tall.
(c) 
Burning permits may be secured during regular business hours and, at a minimum, shall include the following information:
(1) 
The name and address of the applicant;
(2) 
The location of the land and/or premises where such open burning is to occur;
(3) 
The type of material to be burned; and
(4) 
The time and date contemplated for such open burning.
(d) 
Fees for open burning permits shall be established by resolution of the Township Board of Trustees.
(e) 
No person shall start or maintain any outdoor burning or open burning covered under this article without a burning permit issued by the Fire Department or its designee.
(f) 
A burning permit issued under this section shall require compliance with all applicable provisions of this article and any additional special restrictions deemed necessary to protect public health and safety.
(g) 
Any violation of the conditions of a burning permit shall be deemed a violation of this article and shall constitute a misdemeanor.
(h) 
The open burning of brush, tree stumps, branches, yard clippings, leaves and grass clippings may be allowed between April 1 and May 21 and from October 1 to November 22 of each year after first having secured a permit therefor issued by the Chesterfield Fire Department. The Fire Chief may alter dates due to weather conditions. An application for a permit shall be submitted not less than one business day before the intended open burning to allow pre-inspection of the proposed site by the Fire Department.
Owners of all property utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
The Fire Chief or his designee, representing the Township of Chesterfield who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this article.
(a) 
The Fire Chief, Director of Public Safety, Chesterfield Township Fire Department and Chesterfield Township Police Department are authorized to enforce the provisions of this article.
(b) 
Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this article or fails to comply with a duly authorized order issued pursuant to this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $500 or imprisoned in the Macomb County Jail for a period not to exceed 90 days, or by both such fine and imprisonment.
(c) 
The violator shall pay costs which may include all expenses, direct and indirect, which the Township incurs in connection with the offense. In addition, the Township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this article. Each day that a violation of this article exists shall constitute a separate violation of this article.
(d) 
In addition to any other penalties, the Township may revoke a permit issued hereunder upon a violation of this article and/or may refuse issuance of another permit hereunder for up to one year.