[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:
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.
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.
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.
The Chief of the Chesterfield Township Fire Department or
other person designated by the Fire Chief or Director of Public Safety.
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.
Open burning or burning in an outdoor wood-fired boiler or
patio wood burning unit.
A wood-fired boiler, stove or furnace that is not located
within a building intended for habitation by humans or domestic animals.
A chimney, patio warmer, or other portable wood-burning device
used for outdoor recreation and/or heating.
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.
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:
(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.
