[HISTORY: Adopted by the Township Board of
the Township of Denton 12-18-2003 by Ord. No. 65. Amendments noted where
applicable.]
The purpose of this chapter is to protect the
people and property within Denton Township against health, safety,
environmental and fire hazards caused by the burning near roads, streets,
buildings and structures, both public and private; to promote the
health, safety and general welfare of the community by regulating
methods of burning of materials; and to encourage alternative methods
of disposing of natural and biodegradable materials.
A.
No burning shall be permitted at any time or in any
location which would create a nuisance, hazard, or annoyance to adjoining
persons or property by reason of heat, flame, fly ash, sparks, smoke,
or odor. The determination of a police officer, zoning official, fireman,
or other duly authorized employee of the Township shall be conclusive
as to whether or not any burning violates this provision.
B.
No open burning of construction or demolition materials
shall be permitted.
C.
No open burning of noncombustible materials such as
garbage or refuse shall be permitted.
D.
No open burning of yard clippings shall be permitted.
E.
No open burning of automobiles or parts thereof shall
be permitted.
F.
No open burning of any materials in commercial and industrial zoning sites, whether on the ground or in a container, shall be permitted except as allowed in § 118-5.
G.
No recreational bonfires shall be permitted.
All out-of-doors contained burning shall be
permitted, provided:
A.
The fire is contained within a fireproof masonry or
metal burner containing an approved spark arrestor that has no larger
than a one-half-inch spacing.
B.
The material to be burned consists of paper, cardboard,
clean untreated lumber, brush and dry leaves.
C.
The fire is started only after sunrise and is extinguished
and emitting no smoke after 9:00 p.m.
D.
The fire is at least 20 feet from any structure, including
but not limited to fencing, woodpiles, sheds, outbuildings and utility
poles.
E.
The ash or waste from any fire is not deposited in
the storm gutters adjoining or within the public streets and highways
within the Township.
F.
The Department of Natural Resources has not issued
a ban on burning due to fire danger.
[Amended 6-3-2009]
Clearing of land shall be permitted, provided
the following conditions are met:
A.
A permit must be obtained from the Township of Denton
prior to start of fire.
B.
The property being cleared is a one-half-acre parcel
or larger.
C.
The fire is attended at all times.
D.
The Department of Natural Resources has not issued
a ban on burning due to fire danger.
E.
The owner of the property is fully responsible for
any monetary expenses and/or losses incurred by others due to out
of control fire.
F.
The fire is 100 feet from any structure or electric,
telephone, or cable line.
G.
The fire
shall only be started after sunrise and be extinguished and emitting
no smoke after 9:00 p.m.
Burning in firepits, patio fireplaces and campfires
shall be permitted, provided:
A.
The firepit, patio fireplace or campfire is no more
than 48 inches in diameter.
B.
In the case of a firepit, it has a depression in the
ground of not less than eight inches in depth. The firepit is ringed
with stone, brick, concrete, concrete blocks, or steel truck rims
with the tire removed.
C.
An area clear of all combustible materials is maintained
a minimum of 48 inches outside of the firepit.
D.
Only seasoned firewood, which does not extend outside
the firepit or campfire, is used.
E.
The burning is supervised at all times and extinguished
upon the completion of the event or activity; and furthermore the
burning is immediately extinguished if smoke, odor, and/or sparks
become a nuisance or danger to adjacent property.
F.
No permanent firepit or patio fireplace is constructed
without prior approval by the Houghton Lake Building Agency.
A.
The enforcement of this chapter and regulations established
by the Fire Chief shall be performed by such person or persons as
the Township Board shall designate by resolution.
B.
Any person, partnership, firm, association or corporation who shall set or start a fire which is prohibited by this chapter, or fail to comply with the rules as defined and set forth in this chapter, shall be responsible for a municipal civil infraction, and proceedings shall be instituted pursuant to Chapter 38, Municipal Civil Infractions.
[Amended 4-16-2008 by Ord. No. 72]
C.
Denton Township may sue in any court of competent
jurisdiction for civil damages and injunctive relief and may recover
such costs and expenses incurred by them from any person, partnership,
firm, association or corporation who sets such a fire.