Township
of Summit Burning
Ordinance
AN
ORDINANCE PRESCRIBING REGULATIONS GOVERNING
CONDITIONS \par HAZARDOUS TO LIFE AND
PROPERTY FROM FIRE AND PROVIDING PENALTIES
FOR VIOLATION THEREOF ORDINANCE # 16.01
At
a regular meeting of the Township Board
held in the Township Hall on the 14th
day of February, 1995 at 7:30 p.m., Eastern
Standard Time, the following Burning Ordinance
was heard and passed:
THE
TOWNSHIP OF SUMMIT ORDAINS:
Section
1:
This Burning Ordinance is adopted in the
interest of public safety and health and
is designed to promote the general peace,
health, safety and welfare of the Township
of Summit, and in compliance with Michigan
State Laws.
Section
2:
The term "person" used
herein refers to individuals, partnerships,
firms, businesses, corporations, organizations,
schools, churches, and institutions. The
term open fire includes any fire not contained
within an approved burning container.
Section
3:
It shall be a nuisance and unlawful for
any person to burn or allow to be burned,
any material of any kind exuding smoke
which may endanger the public, or safety
or health of the public, or disturb the
comfort or repose of any person residing
in the vicinity of the fire, or which
causes excessive or noxious odors, or
when such fire emits sparks, embers, or
smoke upon adjacent, or nearby premises.
Section
4:
The burning of any material outside of
a structure shall not be permitted as
follows:
a. Burning on Public Land
- No person shall kindle or maintain any
open fire or authorize any such fire to
be kindles or maintained on or in any
public street, alley, road or other public
ground.
b. Burning on Private Land - No person
shall kindle or maintain any open fire
on any private land without obtaining
a permit from the Summit Township Fire
Department.
c. Prohibition of Fires - The Chief
or designee of the Fire Department may
prohibit any and all open fires when circumstances
make such fires hazardous or when such
fires are prohibited by the Michigan Department
of Natural Resources.
d. Materials and Refuse Prohibited -
The following types of open fires are
specifically not allowed: (1) leaves or
grass; (2) garbage or other organic refuse;
(3) building demolition or excess building
construction material; (4) automobiles
or parts thereof; (5) highly flammable,
toxic or explosive materials; (6) electrical
wiring; (7) rubber products; (8) plastic
products.
e. Paper Burning - It shall be unlawful
to burn papers, excelsior or other similar
material unless same is burned in an approved
incinerator, as set forth in Section 5
(a).
f. Hours of Burning - It shall be
unlawful to burn at any time between the
hours of sunset and sunrise except specified
in Section 6 (b).
g. Water Availability - No burning
shall be done unless an adequate water
supply is available at the burning site
to control the fire.
h. Burning Location - No burning shall
be done within fifteen (15) feet of any
structure or property line.
i. Wind Conditions - No burning shall
be done at any time or place when wind
conditions may create a nuisance to anyone
or the property of anyone in the vicinity.
j. Control of Burning - No burning
shall be done where its maximum size is
not controllable by one person of maturity
and discretion.
Section
5:
Incineration outside of a structure, except
as prohibited in Section 4, shall be permitted
if done in accordance with the following:
a.
Burning Containers - All such burning
must be done in a metal or masonry container
having a suitable metal cover and so constructed
as to prevent the dispersal of sparks
and burning material to neighboring or
adjacent structures or premises. Wire
mesh burners or baskets are prohibited.
The burner cover or stack shall not have
any perforation or openings larger than
one-half (1/2 ) inch in diameter.
Section
6:
All burning permits shall be issued
by the Summit Township Fire Department
and a record of such permit shall be maintained
by the Department. Any permit issued by
the Department may be revoked by the Department
for any reason including but not limited
to any violation of this Ordinance, adverse
weather conditions, adverse advisories
from the Michigan Department of Natural
Resources, or a complaint from any person
residing in the vicinity of the fire that
such fire is disturbing to such person
or interfering with such person's peace,
comfort and enjoyment of his own premises.
With permission from the Summit Township
Fire Department burning may be permitted
as follows:
a.
Fires purposely set for the actual instruction
and training of public and industrial
fire-fighting personnel.
b. Camp fires, fires used for outdoor
cooking, recreational or ceremonial occasions.
May be authorized between sunset and 12:00
midnight.
c. Burning of brush on private land in
any area which is not the result of land
clearing.
d. Burning of trees, brush and stumps
at land clearing operations in rural areas
or road right-of-ways.
e. Fires purposely set to agricultural
lands for disease and pest control, and
other accepted agricultural and wildlife
management practices.
f. Fires purposely set for rural railroad
right-of-way maintenance to reduce potential
fire hazards.
Section
7:
It shall be unlawful for any person to
kindle or maintain any type of outside
burning upon the property of another person
without having received the written permission
of the owner of the property on which
the material is to be burned, and the
Summit Township Fire Department.
The
Summit Township Fire Department 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 Summit Township Fire Department
employee.
Section
8:
Any person who violates any provision
of this Burning Ordinance, or regulation
promulgated hereunder, is guilty of a
misdemeanor, and shall be fined a penalty
of not less than Fifty Dollars ($50.00)
and not more than Five Hundred Dollars
($500.00), or shall be imprisoned in the
County Jail for not more than ninety (90)
days, or shall receive both such fine
and imprisonment.
Any
person who shall cause to be kindled or
maintained any fire which necessitates
control and/or extinguishments by the
Summit Fire Department, shall be liable
to Summit Township for any such action.
All charges and costs therefore may be
collected by Summit Township by suit in
any Court of record.
Section
9:
This Ordinance may be enforced by any
County Deputy Sheriff or Police Officer,
and/or any Summit Township employee who
is duly sworn to act by the Township Clerk.
Section
10:
Should any provision or any part hereof
be declared by any Court of competent
jurisdiction to be invalid or unenforceable,
the same shall not effect the validity
or enforceability of the balance of this
Burning Ordinance which shall remain in
force and effect.
Section
11:
All Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
Section
12:
This Burning Ordinance shall be published
in the manner provided by law and shall
take effect thirty (30) days after publication.
UNDERLINED
TEXT ADDED JANUARY 9, 1996
ADOPTED:
February 14, 1995
EFFECTIVE: March 24, 1995
AMENDED: January 9, 1996
EFFECTIVE : February 8, 1996
