ARTICLE IV. - OUTDOOR BURNING
Sec. 12-99. - Purpose.
This article is adopted in the interest of public safety, and is designed to promote the general peace, health, safety and welfare of the township. This article is adopted pursuant to the authority vested in townships by part 115 of Public Act No. 451 of 1994 (MCL 324.11522). The purpose of this article is to authorize outdoor burning of certain waste material, to provide for the control of fires, and to establish reasonable standards to safeguard life and property from the hazards of burning materials on open lands and outside of containers. Any such burning of materials in approved containers or outside of containers shall hereafter be controlled in accordance with the provisions set forth in this article.
(Ord. No. 206, § II, 8-27-2001)
Sec. 12-100. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Chief means the township fire chief, fire inspector, the highest ranking officer of the township fire department on duty, or a firefighter acting on orders of one of the personnel listed in this definition.
Incinerator means a structure, or portion thereof, container, device or other appliance designed, used or intended to be used for the disposal of combustible rubbish by burning. Incinerators are further described and regulated in the township fire code in article II of this chapter.
Open burning means the burning of unwanted materials such as paper, trees, brush, leaves, grass and other debris, where smoke and other emissions are released directly into the air. During open burning, air pollutants do not pass through a chimney or stack.
Recreational fire means the burning of logs, brush, charcoal and other similar materials for the purpose of food preparation or recreation.
Waste burner, approved, means a noncombustible masonry or metal container, not larger than 55 U.S. gallons (208 L) or 7.35 cubic feet (0.683), used for residential burning of combustible wood and paper products.
(Ord. No. 206, § III, 8-27-2001)
Cross reference— Definitions generally, § 1-2.
Sec. 12-101. - General provisions governing outdoor burning.
(a) All outdoor burning of any materials, including burning of rubbish in an approved incinerator or waste burner, is prohibited except for the following:
(1) Outdoor burning shall only be commenced with a permit and only approved materials shall be burned. However, burning in an approved waste burner or recreational fires in accordance with this article shall not require a permit. Outdoor burning for waste disposal will be restricted to one- and two-family dwellings only.
- No burning shall be permitted and no outdoor burning permits will be authorized when any of the following conditions are present:
- On ozone action days as designated by the community health department or state department of environmental quality, or a successor agency to either.
- When sustained wind speeds of ten mph or greater, as determined or projected by the National Weather Service, are present.
- When the National Weather Service declares a red flag warning for Lake Michigan in Van Buren, Berrien or Allegan County.
- When the governor of the State of Michigan forbids, by proclamation, the use of any fire by persons entering forest lands or lands adjacent to forest lands within the County of Kalamazoo or any adjacent county.
- When any other condition exists which make the issuance of an outdoor burning permit hazardous to the life, health or safety of the residents and property owners of the township, as determined by the fire department.
(2) Outdoor burning conducted by the fire department as a training exercise for firefighters.
(3) Burning in an approved waste burner in accordance with section 12-102.
(4) Burning outside of a container in accordance with section 12-103.
(5) Recreational fires in accordance with section 12-104.
(6) Agricultural fires in accordance with section 12-105.
(7) Outdoor barbecue pits and grills when used for food preparation or recreation in accordance with the township fire code in article II of this chapter.
(b) Unless provided otherwise in subsection (a) of this section, the preceding forms of outdoor burning shall be subject to all applicable provisions of this article, the township fire code in article II of this chapter, and any other governmental agencies regulating emissions and outdoor burning.
(Ord. No. 206, § IV, 8-27-2001; Ord. No. 278, § 1, 2-14-2011)
Sec. 12-102. - Waste burners.
(a) Construction. An approved waste burner shall be constructed of noncombustible masonry, or be a metal container, not larger than 55 U.S. gallons (208 L) or 7.35 cubic feet (0.68 m3), in good condition and containing no openings larger than one-half square inch (323 mm2). It must also have a cover or spark arrester with openings no larger than one-half square inch (323 mm2).
(b) Location. Waste burners shall not be located within 20 feet (six meters) of combustible walls, roof, or other combustible material (including ground cover), building openings; or property lines.
(1) Notwithstanding the foregoing, no burning shall be permitted in a waste burner as defined in this ordinance within the boundaries of the following plats in the township:
The plat of Colony Woods Estates.
The plat of Colony Woods Estates No. 2.
The plat of Colony Woods Estates No. 3.
The plat of Colony Woods Estates No. 4.
The plat of Colony Woods Estates No. 5.
The plat of Colony Woods Estates No. 6.
The plat of Colony Woods Estates No. 7.
The plat of Colony Woods Estates No. 8.
The plat of Colony Woods Estates No. 9.
The plat of Colony Park Estates No. 1.
The plat of Colony Pointe West No. 1.
The plat of Colony Pointe West No. 2.
(2) In addition to the land described above, no burning shall be permitted in a waste burner as defined in this section on land, whether platted or unplatted, located:
In the NE ¼ of Section 24.
In the East ½ of the NE ¼ of the NW ¼ of Section 24.
In the W ¼ of the NE ¼ of the NW ¼ of Section 24 lying Southerly of a line Commencing at the Northwest corner of the Northeast ¼ of the Northwest ¼; thence South 00°-18′-55″ East along the West line of said West ¼, 866.19 feet for the place of beginning of the line hereinafter described; thence North 88°-18′-47″ East, 325.08 feet to the East line of said West ¼ and the point of ending.
In the S ½ of the NW ¼ of the NW ¼ of Section 24.
In the SE ¼ of the NW ¼ of Section 24.
In the N ½ of the SE¼ of Section 24.
In the NE ¼ of the SW ¼ of Section 24.
(c) Discontinuance. The chief is authorized to require waste burner use to be immediately discontinued if the chief determines that smoke emissions are offensive to occupants of surrounding property, or if the use of the waste burner is determined by the chief to constitute a hazardous condition.
(d) Material restrictions. Burning of materials in an approved waste burner shall be restricted to paper and wood products. Materials such as leaves, grass clippings, garbage, chemically treated lumber, building material, plastic and rubber products shall be specifically prohibited.
(Ord. No. 206, § V, 8-27-2001; Ord. No. 234, § I1., 10-11-2004)
Cross reference— Solid waste, ch. 26.
Sec. 12-103. - Open burning.
(a) Generally. Open burning, or burning outside of an approved device, to the extent allowed, shall be conducted in accordance with the requirements of this article. Open burning shall also be conducted as required by other governing agencies regulating emissions. Recreational fires shall be in accordance with section 12-104.
(b) Permits. Any person, partnership, firm, association or corporation deciding to set or start a fire must obtain a permit from the fire department which states the name and address of the applicant, the location of the land and premises where such fire is to be set, and the time contemplated for setting such fire. The permit applicant must be the property owner or in legal control of the property.
(c) Material restrictions. Outdoor burning of materials shall be restricted to leaves, untreated wood and brush less than four inches (ten centimeters) in diameter. Outdoor burning of grass clippings, garbage, paper products, chemically treated lumber, building materials, plastic and rubber products, and tree stumps with an overall diameter exceeding four inches (ten centimeters) shall be specifically prohibited. Paper products may be burned in an approved incinerator or waste burner.
(d) Time and atmospheric restrictions. Outdoor burning shall only be performed during daylight hours, and when atmospheric conditions comply with the limits set forth in the open burning permit.
(e) Location. Open burning shall not be conducted within 30 feet (12 meters) of any structure or other combustible material, within 25 feet (10 meters) of an adjoining property line, or within 10 feet (4 meters) of a public roadway. Conditions that may cause the fire to spread to within 30 feet (12 meters) of a structure shall be eliminated prior to ignition.
(1) Notwithstanding the foregoing, no open burning as defined in this ordinance shall be conducted within the boundaries of the following plats in the Township:
The plat of Colony Woods Estates
The plat of Colony Woods Estates No. 2
The plat of Colony Woods Estates No. 3
The plat of Colony Woods Estates No. 4.
The plat of Colony Woods Estates No. 5
The plat of Colony Woods Estates No. 6
The plat of Colony Woods Estates No. 7
The plat of Colony Woods Estates No. 8
The plat of Colony Woods Estates No. 9
The plat of Colony Park Estates No. 1
The plat of Colony Pointe West No. 1
The plat of Colony Pointe West No. 2
(2) In addition to the land described above, no open burning as defined in this ordinance shall be conducted on land, whether platted or unplatted, located:
In the NE ¼ of Section 24.
In the East ½ of the NE ¼ of the NW ¼ of Section 24.
In the W ¼ of the NE ¼ of the NW ¼ of Section 24 lying Southerly of a line Commencing at the Northwest corner of the Northeast ¼ of the Northwest ¼; thence South 00°-18′-55″ East along the West line of said West ¼, 866.19 feet for the place of beginning of the line hereinafter described; thence North 88°-18′-47″ East, 325.08 feet to the East line of said West ¼ and the point of ending.
In the S ½ of the NW ¼ of the NW ¼ of Section 24.
In the SE ¼ of the NW ¼ of Section 24.
In the N ½ of the SE¼ of Section 24.
In the NE ¼ of the SW ¼ of Section 24."
(f) Fire extinguishing equipment. A garden hose connected to a pressurized water supply, a fire extinguisher with a minimum 4-A rating, or other approved fire extinguishing equipment shall be readily available for use at open burning sites.
(g) Attendance. Burning material shall be constantly attended by a person knowledgeable in the use of the fire-extinguishing equipment required by subsection (f) of this section and familiar with the permit limitations which restrict open burning. An attendant shall supervise the burning material until the fire has been completely extinguished.
(h) Discontinuance. The chief is authorized to require that open burning be immediately discontinued if the chief determines that smoke emissions are offensive to occupants of surrounding property or if the open burning is determined by the chief to constitute a hazardous condition.
(Ord. No. 206, § VI, 8-27-2001; Ord. No. 207, § I(1), 12-17-2001; Ord. No. 221, § I, 4-14-2003; Ord. No. 238, § I2., 10-11-2004)
Sec. 12-104. - Recreational fires.
(a) Size. Recreational fires shall be restricted in size to no more than five feet (1.5 meters) in circumference and no more than five feet (1.5 meters) in height.
(b) Location. Recreational fires shall not be conducted within 30 feet (12 meters) of a structure or combustible material unless contained in a barbecue pit. Conditions that could cause the fire to spread to within 30 feet (12 meters) of a structure shall be eliminated.
(c) Fire extinguishing equipment. A garden hose connected to a pressurized water supply, a fire extinguisher with a minimum 4-A rating, buckets full of water, shovels or other approved fire extinguishing equipment shall be readily available for use at recreational fires.
(d) Attendance. Recreational fires shall be constantly attended by a person knowledgeable in the use of the fire-extinguishing equipment required by subsection (c) of this section. An attendant shall supervise a recreational fire until the fire has been completely extinguished.
(e) Discontinuance. The chief is authorized to require that a recreational fire be immediately discontinued if the chief determines that smoke emissions are offensive to occupants of surrounding property or if the fire is determined by the chief to constitute a hazardous condition.
(Ord. No. 206, § VII, 8-27-2001; Ord. No. 207, § I(2), 12-17-2001)
Cross reference— Parks and recreation, ch. 24.
Sec. 12-105. - Agricultural burns.
(a) Location. The burning off of areas of fields on farms within the township is permitted. Agricultural burns shall not be conducted closer than 100 feet (30 meters) of any structure or other combustible material, within 30 feet (12 meters) of an adjoining property line, within 100 feet (30 meters) of a public roadway. Conditions that may cause the fire to spread to within 50 feet (15 meters) of a structure shall be eliminated prior to ignition.
(b) Permits. Prior to the commencement of an agricultural burn, a permit must be secured from the fire department. The permit applicant must be the property owner or in legal control of the property.
(1) No burning shall be permitted and no outdoor burning permits will be authorized when any of the following conditions are present:
- On ozone action days as designated by the community health department or state department of environmental quality, or a successor agency to either.
- When sustained wind speeds of ten mph or greater, as determined or projected by the National Weather Service, are present.
- When the National Weather Service declares a red flag warning for Lake Michigan in Van Buren, Berrien or Allegan County.
- When the governor of the State of Michigan forbids, by proclamation, the use of any fire by persons entering forest lands or lands adjacent to forest lands within the County of Kalamazoo or any adjacent county.
- When any other condition exists which make the issuance of an outdoor burning permit hazardous to the life, health or safety of the residents and property owners of the township, as determined by the fire department.
(c) Time and atmospheric restrictions. Agricultural burning shall only be performed during daylight hours when atmospheric conditions are conducive for safe operations. Agricultural burning must comply with the limits set forth in the open burning permit.
(d) Fire extinguishing equipment. A garden hose connected to a pressurized water supply, a fire extinguisher with a minimum 4-A rating, buckets full of water, shovels, mechanized earth moving equipment, or other approved fire extinguishing equipment shall be readily available for use at agricultural burns.
(e) Attendance. Agricultural burns shall be constantly attended by a person knowledgeable in the use of the fire-extinguishing equipment required by subsection (d) of this section. An attendant shall supervise an agricultural burn until the fire has been completely extinguished.
(f) Discontinuance. The chief is authorized to require that an agricultural burn be immediately discontinued if the chief determines that smoke emissions are offensive to occupants of surrounding property or if the fire is determined by the chief to constitute a hazardous condition.
(Ord. No. 206, § VIII, 8-27-2001; Ord. No. 207, § I(3), 12-17-2001; Ord. No. 278, § 1, 2-14-2011)
Sec. 12-106. - Burning of buildings and building materials.
(a) General prohibition. The burning of structures or portions of structures for the purpose of demolition, burning of demolition materials or scrap building materials is prohibited.
(b) Intentional burning for fire training; permit. Buildings may be intentionally burned only for the purposes of fire department training, upon the issuance of a permit therefore by the chief.
(Ord. No. 206, § IX, 8-27-2001; Ord. No. 278, § 1, 2-14-2011)
Cross reference— Buildings and building regulations, ch. 6.
Sec. 12-107. - Burning ban.
(a) Generally. If a high hazard fire condition exists, or an ozone action alert is issued by the county health department or state department of environmental quality, the chief may issue a burning ban which would restrict any or all burning until such time as the hazardous conditions subside.
(b) Notification. If the hazardous fire condition is predicted to last no more than 96 hours, permits will be suspended for the required amount of time needed for the hazard to subside and permit holders for that time period will be notified via telephone. If the hazardous conditions are predicted to last more than 96 hours, all permits will be suspended and notification of imposition and lifting of the ban shall be effective upon the date of posting thereof at the township hall.
(Ord. No. 206, § X, 8-27-2001)
Sec. 12-108. - Penalties and sanctions.
Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this article or any code adopted under this article shall be deemed to be responsible for a municipal civil infraction as defined by state statute which shall be punishable by a civil fine determined in accordance with the schedule in section 18-62(a).
(Ord. No. 206, § XI, 8-27-2001)
Secs. 12-109—12-130. - Reserved.