[HISTORY: Adopted by the Village Council of the Village of Bellevue
7-2-2001 by Ord. No. 99. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any by-products and residue from fire.
A written permit or approval from the Fire Chief, Assistant Chief,
or a designee thereof.
[1]Any putrescible animal or vegetable waste resulting from handling,
preparation, cooking and consumption of food.
Any combustible trash, including but not limited to paper, cartons,
boxes, plastics, furniture, bedding and noncombustible trash, including but
not limited to metal, tin cans and glass.
Regular wastes produced from landscaping and gardening activities,
including, but not limited to, leaves, grass clippings, vegetable or other
garden debris, shrubbery or brush or tree clippings, or similar materials.
[2]It shall be unlawful for any person or persons to burn, cause to burn,
assist in burning, or permit, continue or permit continuance of the burning
of any combustible material within the Village limits of the Village of Bellevue
except as prescribed herein.
A.
Open burning. No open burning other than recreational fires referred to in § 26-3 of this chapter shall be allowed without Bellevue Fire Deparmtne approval. If allowed, all burning shall be carried out in accordance with Fire Department instructions and any other applicable rules that may be adopted by the Village of Bellevue. [1]
B.
Refuse. It shall be unlawful to burn any refuse inside
or outside any building at any time in the Village of Bellevue.
C.
Garbage. It shall be unlawful to burn garbage inside
or outside any building at any time in the Village of Bellevue.
E.
Windblown refuse. It shall be unlawful to deposit or
leave any refuse or material in such a place or condition that it would be
blown by the wind so as to be scattered; and it shall be unlawful to permit
the escape of soot, ashes or other solid materials or refuse so as to be windblown
or scattered.[3]
F.
Streets, alleys, highways, curbs, and sidewalks. No material
of any kind shall be burned or attempted to be burned in any street, alley,
highway, or between any curb and the sidewalk adjacent thereto within the
Village of Bellevue.
A.
Cooking fires. Fires are permitted for the cooking and
smoking of food, provided that such fires are confined to a barbecue grill,
barbecue pit, smokehouse or other enclosure, and provided further that the
emission of smoke and fumes does not irritate, annoy, or constitute a nuisance
to others living in the neighborhood.
B.
Recreational fires. Recreational fires on private property
are permitted and do not need Bellevue Fire Department approval when in a
pit or pile which does not exceed five feet in diameter, provided that the
following conditions are met:
(1)
Fires are attended until extinguished and ashes are cold.
(2)
Only clean wood products or commercially produced fuel
products are burned.
(3)
The fire does not endanger buildings or structures.
(4)
Atmospheric conditions are favorable.
(5)
No smoke or fumes are emitted which constitute a hazard
to others living in the neighborhood.
C.
Bonfires. Public or private bonfires in which the material
would exceed five feet in any diameter measurement require Bellevue Fire Department
approval. Bellevue Fire Department approval may be granted at the sole discretion
of the Fire Department based upon: [1]
D.
Contractor-generated fires. Fires for the heating of
outdoor building sites are permitted, provided that such fires are confined
to so called "salamander" heaters or similar devices. Outdoor fires are permitted
when necessary to pursue a business or trade requiring the use of fire, including
but not limited to the heating or boiling of tar, pitch, oil, or other substances
when used by roofers and other tradesmen.
E.
Commercial incinerators. Commercial and industrial-type
incinerators used for burning of combustible solid waste material (nongarbage)
are permitted, provided that the emission of smoke and fumes does not irritate,
annoy or constitute a nuisance to others living in the neighborhood. Furthermore,
the operation of such incinerator shall meet all emission limits as set forth
by state and federal regulations. State of Michigan permits are required before
and during the operations of such incinerators.
A.
Exceptions. Open fires are permitted in the performance
of an official duty by a public officer for fires necessary for one or more
of the following reasons or purposes:
(1)
For the prevention of a fire hazard, which cannot be
abated by other means.
(2)
For the instruction of public fire fighters or industrial
or commercial employees under proper supervision of a qualified instructor.
(3)
For the protection of the public health.
(4)
For controlled disposal of refuse and debris as collected
by or on behalf of the Village at a site owned or operated by the Village.
B.
Special circumstances. In the sole discretion of the
Bellevue Fire Department, when there exist circumstances under which there
is no other reasonable means of disposing of items which need to be disposed
of, and which are not addressed herein then the Bellevue Fire Department may
issue a permit to burn.
A.
Costs. All costs incurred by the Village for enforcement
of this chapter will be the responsibility of the party in violation of this
chapter.
B.
Civil remedies. The Village may pursue any other remedy
or institute any appropriate action for proceedings in a court with competent
jurisdiction or before any administrative agency to collect costs for liability
imposed for violation of this chapter.
A violation of this chapter is a municipal civil infraction. The penalty
for a violation that is a municipal civil infraction shall be a civil fine
in an amount set by resolution of the Village Council from time to time.
A prosecution which is pending on the effective date of this chapter
and which arose from violation of an ordinance repealed by this chapter, or
prosecution which is started within one year after the effective date of this
chapter arising from a violation of an ordinance repealed by ordinance and
which was committed prior to the effective date of this chapter, shall be
tried and determined exactly as if the ordinance had not been repealed.