Township of Denton, MI Chapter 118 Burning, Open

[HISTORY: Adopted by the Township Board of the Township of Denton 12-18-2003 by Ord. No. 65. Amendments noted where applicable.]

§ 118-1 Purpose.

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.

§ 118-2 General prohibitions.

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.

H. No other out-of-doors burning of any material, including "open on the ground burning," shall be permitted, except as allowed in § 118-5.

§ 118-3 Provisions for contained burning.

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.

§ 118-4 Clearing of land.

[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.

§ 118-5 Firepits, campfires and patio fireplaces.

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.

§ 118-6 Enforcement; violations and penalties; recovery of costs.

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.