ORDINANCE #19-2015 Outdoor Wood Boiler/Burner

ORDINANCE #19-2015

OUTDOOR WOOD-FIRED BURNER/BOILER ORDINANCE

Sec. 1 Establishment of Outdoor Wood-Fired Burner/Boiler Ordinance

To establish an ordinance on the regulation of Outdoor Burner/Boilers in the Village of Barryton.

Sec. 2 Purpose

This ordinance is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Village of Barryton by regulating the air pollution and fire hazards of outdoor wood-fired burner/boilers.

Sec. 3 Severability

Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

Sec. 4 Definition(s)

“Outdoor wood-fired burner/boiler” means a wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals

Sec. 5  Outdoor wood-fired burners/boilers.

After 1/16/12 no person shall install an outdoor wood-fired burner/boiler in the Village of Barryton.

Any outdoor wood-fired burners/boilers install or in use prior to this ordinance being in affect shall be required to have a chimney with a minimum height of 15 feet.

The outdoor wood-fired burner/boilers shall not burn any leaves, weeds, grass, rubbish, brush, trash, paper or plastic, construction or any other debris.

Sec. 6 Right of Entry and Inspection

The 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 or this ordinance.

Sec. 7 Enforcement and Penalties

The Chief of Police, or his/her representative, are authorized to enforce the provisions of this ordinance.

Any person, firm, association, partnership, corporation, or government entity who violates any of the provisions of this ordinance or fails to comply with a duly authorized Order issued pursuant to this ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statute which shall be punishable by civil fine determined in accordance with the following schedule:

The penalty for a violation of this ordinance shall be a Village civil infraction with 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.

Each day a violation of this Ordinance continues to exist constitutes a separate violation.

Sec. 8 Notice to be published

The Village clerk shall publish this ordinance in the manner required by law.

THIS ORDINANCE SHALL TAKE EFECT 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: April 17, 2015     Effective Date: May 8, 2015

 

 

______Jennifer Trelfa_____________

Village Clerk

_____Deb Buehner___________

Village President