HOLTON TOWNSHIP OPEN BURNING ORDINANCE

ORDINANCE NUMBER  37.000

THE TOWNSHIP OF HOLTON HEREBY ORDAINS:

OPEN BURNING

SECTION:

37.001    TITLE:
37.002     PERMITS FOR OPEN BURNING:
37.003    OPEN BURNING OF CERTAIN MATERIALS PROHIBITED:
37.004    LOCATION OF OPEN BURNING AND RULES:
37.005    TIME AND ATMOSPHERIC CONDITIONS:
37.006    FIRE EXTINGUISHING EQUIPMENT:
37.007    ATTENDANCE:
37.008    DISCONTINUANCE:
37.009    SANCTIONS FOR VIOLATION:
37.010    REPEAL:
37.011    SEVERABILITY:
37.012    EFFECTIVE DATE:

37.001   Section 1.    TITLE:

This ordinance shall be known and may be cited as the OPEN BURNING ORDINANCE.
(effective 5-1-2011)

37.002   Section 2. PERMITS FOR OPEN BURNING:

Burning permits are required to conduct all open burning, excluding cooking fires contained within a barbecue pit, fireplace, grill or other receptacle specifically designed for cooking food over an open fire (subsection A hereof), or for small recreational fires contained within a pit or approved burning container/receptacle (subsection B hereof).  Burning permits may be obtained Monday – Thursday from 8 a.m. to 2 p.m. at the township hall, 821-2168.  For burning permits on Friday – Sunday, please call 821-2685.

•    Cooking Fires:  Cooking fires, as defined herein do not require a permit.  Fires permitted for the cooking and smoking of food for personal, noncommercial uses provided that such fires are confined to a barbecue grill, barbecue pit, fireplace, smokehouse or other enclosure/receptacle specifically designed for cooking food over an open fire, and provided the emission of smoke and fumes does not irritate, annoy or constitute a nuisance to other property owners in the area.
•    Recreational Fires:  Recreational fires on private property in an approved burning container/receptacle specifically manufactured and sold for recreational burning, or in a pit that does not exceed six feet (6’) in diameter are allowed without a permit provided the following conditions and precautions are taken:
•    The burning shall not be located within thirty feet (30’) from any structure and twenty feet (20’) from any property line.
•    A responsible adult at least eighteen (18) years of age is present at all times until the extinguished ashes are cold.
•    Only clean wood products are used.
•    The fire does not emit any fumes that irritate, annoy or constitute a nuisance to others.
•    The atmospheric conditions are favorable.

The fire chief or his/her designee shall have the authority to terminate any recreational fire that he/she determines to be in an unsafe device, or is an unsafe condition or situation.

•    Fires authorized by permits only.
•    Open Burning.  Materials burned in open pits shall be limited to only dry leaves, brush, and clean untreated lumber and stumps removed from the ground.
•    Lots Clearing and Agricultural Burning.  Materials burned in fires for the purpose of cleaning lots or any agricultural purposes shall be limited to only dry leaves, brush, and clean untreated lumber and stumps removed from the ground.
•    Bonfires.  Materials burned in bonfires shall be limited to only firewood, dry leaves, brush, and clean untreated lumber.

37.003   Section 3.  OPEN BURNING OF CERTAIN MATERIALS PROHIBITED:

Open burning of grass clippings, tires, building materials, demolition materials, paper products, or any product that produces smoke emissions that are offensive to the environment or occupants of surrounding properties is prohibited.  Household waste may be burned in an approved incinerator with an approved cover.  Approved incinerator and cover specs may be obtained from the township hall office.

37.004  Section 4.  LOCATION OF OPEN BURNING AND RULES:

Open burning of any non-prohibited material shall not be allowed:
•    Within thirty feet (30’) of any structure.
•    No burning if the winds are over ten (10) miles per hour.
•    Burning shall be done in daylight hours only. (Not applicable to recreational fires.)
•    A responsible adult at least eighteen (18) years of age is present at all times until the extinguished ashes are cold.
•    The emission of smoke and fumes does not irritate, annoy or constitute a nuisance to other property owners in the area.
•    Thirty feet (30’) from the travel portion of any road.
•    Thirty feet (30’) from any structure such as sheds, fences, homes, buildings, decks, wood piles, utility poles and property lines.

37.005   Section 5.  TIME AND ATMOSPHERIC CONDITIONS:

All permit required open burning shall only be allowed during daytime hours, unless specifically permitted by the fire chief or his/her designee, and when atmospheric conditions do not cause a fire hazard.  The fire chief or his/her designee may put a ban on burning if deemed necessary.

37.006   Section 6.  FIRE EXTINGUISHING EQUIPMENT:

A garden hose connected to a water supply or other approved fire extinguishing equipment (buckets containing water or sand; shovels; fire extinguisher with a minimum 2-a rating) shall be readily available for use at all open burning sites that require a permit.

37.007   Section 7.  ATTENDANCE:

All open burning shall have a responsible adult at least eighteen (18) years of age present at all times until the extinguished ashes are cold, knowledgeable in the use of fire extinguishment required by this permit, and familiar with the limitations which restrict open burning.

37.008   Section 8.  DISCONTINUANCE:

The fire chief or his/her designee is authorized to require that open burning be immediately discontinued if the chief or his/her designee determines it to constitute a hazardous condition.

37.009   Section 9.  SANCTIONS FOR VIOLATION:

•    Any person or other entity who violates any of the provisions of this ordinance is responsible for a municipal civil infraction as defined by Michigan law and subject to a civil fine of not more than three hundred and fifty dollars ($350.00) plus costs, which may include all direct or indirect expenses, to which the township has been put in connection with the violation.  A violator of this ordinance shall also be subject to such additional sanctions, remedies, and judicial orders as are authorized under Michigan law.  A repeated violation of this ordinance constitutes a separate violation.
•    Any person or entity who violates any of the provisions of this ordinance and who has been issued a municipal civil infraction violation notice as defined by Ordinance 2001-1 and who admits responsibility therefore within the time specified thereon shall pay a civil fine and costs at the Holton Township office.
•    The township Ordinance Enforcer, the County Sheriff, the County Deputy or the Fire Chief or his or her designee may issue civil infractions.

37.010   Section 10.  REPEAL:

All ordinances or parts of ordinances in conflict herewith are repealed to the extent necessary to give this ordinance full effect.

37.011   Section 11.  SEVERABILITY:

This ordinance and its various parts, sentences and clauses are herby declared to be severable, and if any part, sentence, paragraph, section or clause is held to be invalid, the same shall not affect the validity of this ordinance as a whole.

37.012   Section 12.  EFFECTIVE DATE:

This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication thereof.
Date:  June 14, 2011
Township Clerk _____________________________
Melanie Johnson

Introduced:  June 14, 2011
Adopted:  June 14, 2011
Published:  June 30, 2011
Effective:  July 30, 2011