ORDINANCE #20-2015 Campfire and Open Burn

VILLAGE OF BARRYTON

CAMPFIRE AND OPEN BURN ORDINANCE #20-2015

Definitions:

  • “Campfire” means a small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.
  • “Clean Wood” means natural wood which has not been painted, varnished, or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
  • “Construction and demolition waste” means building waste materials, including but not limited to waste shingles, insulation, 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.
  • Nuisance” means the burning of any material of any kind exuding smoke which may endanger the public, or safety or health of the public, or to disturb the comfort or repose of any person residing in the vicinity of the open burning, or which causes excessive or noxious odors, or when such open burning emits sparks, embers, or smoke upon adjacent or nearby premises.
  • Open Burning” means kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or chimney
  • “Refuse” means any waste material including but not limited to leaves, grass, garbage and other organic refuse, construction and demolition waste materials, automobiles or parts thereof, flammable, toxic or explosive materials, electrical wiring, rubber products, and plastic products.

GENERAL PROHIBITION ON OUTDOOR BURNING AND OPEN BURNING

Open burning and outdoor burning are prohibited in the Village of Barryton unless the burning is specifically permitted by this ordinance.

OPEN BURNING OF REFUSE

Open Burning of refuse from all residential, office, commercial, and industrial is prohibited

OPEN BURNING OF TREES, LOGS, BRUSH, STUMPS, LEAVES, AND GRASS CLIPPINGS

  •  Open burning of trees, stumps, leaves, and grass clippings are prohibited
  • Open burning of logs six (6) inches in diameter or less and brush is allowed only in accordance with all the following provisions:
  • A permit is issued in accordance with the Burning Permit section of this Ordinance must be obtained prior to open burning under this section
  • Open burning of logs, and brush must be conducted at least seventy five (75) feet from any building or structure, wood, or lumber pile, wooden fence, trees or brush unless provisions have been made to prevent the fire from spreading to within 75 feet of such items and be no larger than 5 foot by 5 foot, not to exceed 4 foot in height. (This type of burn requires a Fork Township Fire Department standby and any costs associated with having them standby will be the responsibility of the permit holder.)
  • Except for barbeque, gas, and charcoal grills, no open burning shall be undertaken during periods when the Governor of Michigan has issued a burning ban applicable to the area.
  • 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, railroads or airfields. Open burning shall be conducted in conformance with the Village of Barryton and State fire protection regulations.
  • Burning is not permitted when the wind is in excess of 10 miles per hour.
  • Open burning shall be conducted only on the property on which the materials were generated
  • Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are allowed provided they do not cause a nuisance.
  • Open burning for camp fires under this section shall only be conducted at a location at least twenty five (25) feet from the nearest building which is not on the same property and at a minimum of fifteen (15) feet from any building or property lines which is on the same property.
  • Except for campfires, open burning shall only be conducted between the hours of sunrise and one hour prior to sunset. Campfires may be authorized between sunset and 12:00 am (midnight).
  • Open burning shall be constantly attended and supervised by a competent person of at least eighteen (18) years of age until the fire is extinguished and is cold. The person shall have readily available for use such as fire extinguishing equipment as may be necessary for the total control of the fire.
  • No materials may be burned upon any street, curb, gutter, or sidewalk or on the ice of a lake, pond, stream, or water body.
  • Fuel for open burning shall consist of dry material only and shall not be ignited with flammable or combustible liquids.
  • Except for barbeque, gas, and charcoal grills, no burning shall be undertaken within twenty five (25) feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire or Police Chief.
  • No open burning may be conducted on days when the Department of Environmental Quality has declared an “Air quality action day” applicable to the Village of Barryton.
  • No person shall kindle or light any fire on private property other than a bonfire, which can be no more than 3 feet in diameter.
  • No person shall burn leaves, weeds, grass, rubbish, brush, trash or other debris in any place.
  • No person shall kindle any fire in or upon any paved street or public paved way.

BURNING PERMITS

No person shall start or maintain any outdoor burning, open burning – campfires excluded – covered under this ordinance without a burning permit issued by the Village of Barryton.

The Village of Barryton shall have specific authority to revoke permits and it shall be a violation of this ordinance to refuse or fail to extinguish a fire when a permit has been revoked, or the property owner is requested to extinguish such fire by a Village of Barryton employee.

When weather conditions warrant, the Fire Chief, Chief of Police, or Village designee may temporarily suspend issuing burning permits and may temporarily suspend previously issued burning permits for open burning.

A Burning Permit issued under this section shall require compliance with all application provisions of this ordinance and any additional special restrictions deemed necessary to protect public health and safety.

Any violation of the conditions of a burning permit shall be deemed a violation of this ordinance.  Any violation of this ordinance or the burning permit shall void the permission granted.

The open burning permit shall be good only for the date or period for which it is issued.

A copy of the Village of Barryton open burning permit must be immediately available on the site for viewing by members of the Barryton Police Department, Village of Barryton officials, and members of the Fork Twp. Fire Department otherwise the open burning will be immediately ordered extinguished.

It is the sole responsibility of the individual conducting the burning to satisfactorily determine that all conditions permitting burning are met.

The costs associated for obtaining an open burning permit through the Village of Barryton will be $100.00

LIABILITY

A person utilizing or maintaining any outdoor fire which necessitates control and/or extinguishing by the Fork Twp. Fire Department, or any Fire Department shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.

RIGHT OF ENTRY AND INSPECTION

The Fire Chief, Chief of Police, or any other authorized officer, agent, employee, or representative of the Village of Barryton who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance

ENFORECMENT AND PENALTIES

The Fire Chief, Chief of Police, or any other authorized officers of the Village of Barryton are authorized to enforce the provisions of the ordinance.

Any person, firm, association, partnership, corporation, or governmental entity that violates any of the provisions to this ordinance or fails to comply with a duty authorized order pursuant to this ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statute.

The penalty for a Village civil infraction shall be a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.

SEVERABILITY

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

 

THIS ORDINANCE SHALL TAKE EFFECT THIRTY (30) DAYS AFTER PUBLICATION.  ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

I hereby certify to the adoption of this ordinance at the April 8, 2015 council meeting and cause the same to be published as required by law.

 

Yeas ___5__  Nays __0___        Ordinance declared: Adopted

 

Published Date:  April 17, 2015                     Effective Date: May 8, 2015

 

____Jennifer Trelfa______                                            ____Deb Buehner__________

Signed by Village Clerk:                                                         Village President: