Section
153.01
Nuisance defined and prohibited
153.02
Unsafe buildings, structures, and equipment
153.03
Nuisances per se
153.04
Noise Control
153.05
Abandoned
Refrigerators
153.06
Bill Posting
153.07
Blight
Prevention
153.08
Weed Control
153.09
Trees
153.10
Burning
regulations
153.11
Violation of
this chapter
§153.01
NUISANCE DEFINED AND PROHIBITED.
Whatever injures or endangers the
safety, health, comfort or repose of the public; offends, public decency;
interferes with, obstructs or renders dangerous any street, highway, navigable
lake or stream; or in any way renders the public insecure in life or property is
hereby declared to be a public nuisance.
Public nuisances shall include, but not be limited to, whatever is
forbidden by any provision of this Chapter.
No person shall commit, create, or maintain any nuisance.
(Ord. 11-03, passed 4-18-2011)
§153.02
UNSAFE BUILDINGS, STRUCTURES, AND EQUIPMENT
Unsafe buildings, structures
and equipment are hereby declared a nuisance and shall be dealt with in
accordance with Section 150 of the City of West Branch Code of Ordinances.
(Ord. 11-03, passed 4-18-2011)
§153.03
NUISANCES PER SE
The following acts, services, apparatus and structures are hereby
declared to be public nuisances:
(A)
The maintenance
of any pond, pool of water, or vessel holding stagnant water.
(B)
The throwing,
placing, depositing or leaving in any street, highway, lane, alley, public
place, square or sidewalk, or in any private place or premises where such
throwing, placing, depositing or leaving is in the opinion of the Health Officer
dangerous or detrimental to public health, or likely to cause sickness or
attract flies, insects, rodents and/or vermin, by any person, of any animal or
vegetable substance, dead animal, fish, shell, tin cans, bottles, glass, or
other rubbish, dirt, excrement, filth, rot, unclean or nauseous water, liquid or
gaseous fluids, hay, straw, soot, garbage, swill, animal bones, hides or horns,
rotten soap, grease or tallow, offal or any other offensive article or substance
whatever.
(C)
The pollution of
any stream, lake or body of water by or the depositing into or upon any highway,
street, lane, alley, public street or square, or into any adjacent lot or
grounds of, or depositing or permitting to be deposited any refuse, foul, or
nauseous liquid or water, creamery or industrial waste, or forcing or
discharging into any public or private sewer or drain any system, vapor or gas.
(D)
The emission of
noxious fumes or gas in such quantities as to render occupancy of property
uncomfortable to a person of ordinary sensibilities.
(E)
The distribution
of samples of medicines or drugs unless such samples are placed in the hands of
an adult person.
(F)
All explosives,
inflammable liquids and other dangerous substances stored in any manner or in
any amount contrary to the provisions of this Code, or statue of the State of
Michigan.
(G)
Any use of the
public streets and/or sidewalks which causes large crowds to gather, obstructing
the free use of the streets and/or sidewalks unless approved by the West Branch
City Council.
(H)
All buildings,
walls, fences and other structures which have been damaged by fire, decay, or
otherwise and all excavations remaining unfilled or uncovered for a period of
ninety (90) days or longer, and which are so situated as to endanger the safety
of the public.
(I)
All dangerous,
unguarded excavations or machinery in any public place, or so situated, left or
operated in private property as to attract the public.
(J)
The owning,
driving or moving upon the public streets and alleys of trucks or other motor
vehicles which are constructed or loaded so as to permit any part of its load or
contents to blow, fall, or be deposited upon any street, alley, sidewalk or
other public or private place, or which deposits from its wheels, tires or other
parts onto the street, alley, sidewalk or other public or private place dirt,
grease, sticky substances or foreign matter of any kind.
Provided, however, that under circumstances determined by the City
Manager to be in the public interest, he may grant persons temporary exemption
from the provisions of this subsection conditioned upon cleaning and correcting
the violating condition at least once daily and execution of an agreement by
such person to reimburse the City for any extraordinary maintenance expense
incurred by the City in connection with such violation.
(Ord. 11-03, passed 4-18-2011)
§153.04
NOISE CONTROL
(A) Excessive noise is hereby declared a nuisance. All loud or repetitive noises or sounds or annoying vibrations that offend the peace and quiet of persons of ordinary sensibilities are hereby declared to be public nuisances.
(B) Each of the following offensive specific acts is declared unlawful and prohibited, but this enumeration shall not be deemed to be exclusive:
(1) Animal Noises. The keeping of any animal, which, by causing frequent or long, continued noises, shall disturb the comfort or repose of ordinary sensibility.
(2) Construction Noises. The erection, including excavating therefore, demolition, alteration, construction or repair of any building or street or road, except between the house of 7:00 a.m. and 8:00 p.m.
(3)
Sound
Amplifiers. Use of any loud
speaker, amplifier or other similar instrument or device, whether stationary or
mounted on a vehicle, shall be subject to the following restrictions:
(a)
The only sound
permitted are music or human speech and they are subject to the requirements of
§153.04(A).
(b)
The loudspeaker,
amplifier or other similar instrument or device may be used only between the
hours of 7:00 a.m. and 8:00 p.m.
(C) Exceptions. None of the prohibitions contained in §153.04 (A) and (B) shall apply to or be enforced against:
(1) Emergency Vehicles. Any police or fire vehicle or any ambulance, when engaged in emergency business.
(2)
Street or
Highway Maintenance and Construction.
Excavations or repairs of bridges, streets, or highways by or on behalf
of the City or the State of Michigan when the public safety, welfare or
convenience of the City or State so requires.
(3)
Council
Resolution. The Council may by
resolution modify the time limits in this subsection.
(Ord. 11-03, passed
4-18-2011)
§153.05
ABANDONED REFRIGERATORS
No person shall have in his possession, either inside our outside of any
building, structure or dwelling, in a place accessible to children, any
abandoned, unattended or discarded icebox, refrigerator or any other similar
air-tight container of any kind which has a snap latch or other locking device
thereon, without first removing the snap latch or other locking device, or the
doors, from such icebox, refrigerator or other container.
(Ord. 11-03, passed 4-18-2011)
§153.06
BILL POSTING
(A)
Bill Posting in
Streets. No person shall attach,
place, paint, write, stamp or paste any sign, advertisement, or any other matter
upon any lamp post, electric light, railway, telegraph, or telephone pole, shade
tree, fire hydrant, or on anything within any street.
Public officers posting any notice required or permitted by law shall be
excepted from the provisions of this subsection.
(B)
Bill Posting. No person shall attach, place, paint, write, stamp or paste
any sign, advertisement, or other matter upon any house, wall, fence, gate, post
or tree without first having obtained the written permission of the owner or
occupants of the premises and having complied with all provisions of this Code
pertaining thereto.
(Ord. 11-03, passed 4-18-2011)
§153.07
BLIGHT PREVENTION
(A)
Purpose.
Consistent with the letter and spirit of Act No. 344 of the Public Acts
of 1945, as amended, it is the purpose of this subsection to prevent, reduce or
eliminate blight or potential blight in the City of West Branch by the
prevention or elimination of certain environmental causes of blight or blighting
factors which exist or which may in the future exist in said City.
(B)
Cause of Blight
or Blighting Factors. It is hereby
determined that the following uses, structures and activities are causes of
blight or blighting factors which, if allowed to exist, will tend to result in
blighted and undesirable neighborhoods.
No person shall maintain or permit to be maintained any of these causes
of blight or blighting factors upon any property in the City owned, leased
rented, or occupied by such person.
(1) The storage upon any property of junk automobiles, junk motor-driven vehicles, trailers in disrepair, contractor’s equipment in disrepair, or recreational vehicles, including boat hulls in disrepair, except in a completely enclosed building. For the purpose of this subsection the term “junk automobiles, junk motor-driven vehicles, trailers in disrepair, contractor’s equipment in disrepair, and/or recreational vehicles in disrepair” shall include any self-propelled land motor vehicle which can be used for towing or transporting people or materials, including, but not limited to automobiles, trucks, buses, motor homes, motorized campers, motorcycles, tractors, snowmobiles, trailers, equipment or recreational vehicles and other off the road vehicles which are inoperative or partially dismantled for any reason for a period in excess of seven (7) days; provided, that any inoperative vehicle shall not include a vehicle which is not in operation for lack of a license unless the vehicle has been unlicensed for at least six (6) months.
(2) The storage upon any property of building materials unless there is in force a valid building permit issued by the Ogemaw County Building Department for construction upon said property and said building materials are intended for use in connection with such on-going construction project. Building materials shall include but shall not be limited to lumber, bricks, concrete, or cinder blocks, plumbing materials, mechanical materials or equipment, electrical wiring or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing or repairing any structure.
(3) The storage or accumulation of junk, trash, rubbish, or refuse of any kind, except domestic refuse stored in such a manner as not to create a nuisance for a period not to exceed thirty (30) days. The term “junk” shall include parts of machinery, equipment, or motor vehicles, unused stoves, or other household appliances or furniture stored in the open, remnants of wood, metal or other material or other castoff material of any kind whether or not the same could be put to any reasonable use.
(4) The existence of any vacant or abandoned parking area having an improved parking surface with substantial cracks, breaks or potholes whereby weeds grow therein or causing the pooling of stagnant water thereon.
(5) The existence of any property whereby the landscaping is not regularly maintained, including, but not limited to, the lawn not being regularly mowed, noxious weeds not being eliminated or the shrubs not being regularly trimmed.
(6) The existence of any fence, structure or damaged partial structure which because of fire, wind or other natural disaster or physical deterioration is no longer habitable if a dwelling, nor useful for any other purpose for which it was originally intended.
(7) The existence of any vacant building, structure, garage, or other outbuilding unless such buildings or structures are kept securely locked, protected against the elements, and are inaccessible so as to prevent entrance thereto by vandals, rodents or other animals.
(8) The existence of any incomplete structure unless such structure is in the course of construction in accordance with a valid and subsisting building permit issued by the County. In no circumstances, however, shall the exterior of a structure, its final grading and the installation of landscaping remain incomplete in excess of the schedule:
(a) Residential and two-family building, structures and related outbuildings: 12 months.
(b) Multi-family, Commercial or Industrial buildings and structures under 10,000 square feet: 12 months.
(c) Multi-family, Commercial or Industrial buildings and structures under 100,000 square feet: 18 months.
(d) Multi-family, Commercial or Industrial buildings and structures over 100,000 square feet: 24 months.
The Planning Commission may extend such time period after receipt of a written request from the property owner demonstrating circumstances beyond his/her control, which have prevented the completion of the project. Such extension shall either be equal to or less than the number of months listed in the above schedule.
(9) The existence of any building or structure that is not structurally sound, safe for the intended use, weather tight, waterproof or vermin-proof.
(10) The existence of any condition, which provides harborage for rats, mice, snakes and other vermin.
(11) Every building or structure shall be kept neat and orderly in appearance. The existence of any structure that is not covered by a water resistant paint or other waterproof covering so as to protect said structure from the adverse effects of the elements or from physical deterioration.
(12) The covering of any building or structure, or the window(s) of a building or structure, with external boards, metal screens (other than those used to prevent the infestation of insects), grates, or other material in such a way that the building or structure appears to be unoccupied, or that the occupant of said building or structure has discontinued its occupancy, without obtaining a valid building permit to do so.
The City Manager is hereby authorized to sign off on building permits upon demonstration of a need by the applicant, giving consideration to the following criteria:
(a) Whether the proposed protection will be in compliance with requirements of the Ogemaw County Building Code.
(b) Whether the applicant can demonstrate a hazard to the security of the building or structure unless an external material covers the building or structure or window(s) thereof.
(c) Whether the proposed protection would adversely impact the fire department in the performance of its duties.
(d) Whether alternative, more creative solutions are available to provide the same type of protection, without the attendant effect of creating the appearance of a boarded building or structure.
(e) Whether the applicant proposes to cover the window(s) for a period of time beyond 90 days.
(f) Whether the owner created the hazard by the type of construction used on the building or structure.
(g) Whether the front of the building or structure or window(s) to be covered are proximate to and visible from any street within the City. If so, the City Manager shall balance the risk of the possible hazard against public welfare in having the appearance of a blighting factor.
(C) Enforcement.
(1) §153.07 (A) and (B) shall be enforced by the City of West Branch Police Department and the City Manager.
(2) The owner, if possible, and the occupant of any property upon which any of the causes of blight or blighting factors set forth in §153.07 (B) is found to exist shall be notified in writing to remove or eliminate such causes of blight or blighting factors from such property within ten (10) days after service of this notice upon him. Such notice shall be served as prescribed in §10.102 in the City of West Branch Code of Ordinances.
(3) Failure to comply with such notice within the time allowed said owner and/or occupant shall constitute a violation of this Chapter.
(Ord. 11-03, passed 4-18-2011)
§153.08
WEED CONTROL
(A)
Definitions.
As used herein, the following terms shall be defined as follows:
(1) Developed property. Property, which has a building(s) or structure(s), either partially or completely finished, located thereon.
(2) Noxious weeds. Noxious weeds shall include Canada thistle (Circium arvense), dodders (any species of Cuscuta), mustards (charlock, block mustard and Indian mustard, species of Brassica of Sinapis), wild carrot (Daucas carota), bindweed (convolvulus arvensis), perennial sow thistle (Sonchus arvensis) hoary alyssum (Berteroa incana), ragweed (ambrosia elatior 1), poison ivy (rhus toxicodendron), poison sumac (toxicodendron vernix), together with all other noxious weeds as designated by State, County or City statute or ordinance.
(3)
Miscellaneous
debris. Miscellaneous debris shall
be that debris such as wood, metal, synthetic materials, glass, wire, brush,
rubbish, or other refuse matter that must be removed in order to allow the
cutting and removal of noxious weeds or grass.
(4)
Undeveloped
property. Property, which has no
building or structure, located thereon.
Undeveloped property shall include vacant lots within a platted
subdivision for purposes of this ordinance.
(B)
Noxious Weeds
and Grass Growth Prohibited.
(1) Undeveloped Property.
(a) No person owning any undeveloped property shall permit or maintain on such premises any growth of noxious weeds; nor any growth of grass or other rank vegetation to a greater height than six (6) inches on the average; nor any accumulation of miscellaneous debris on any undeveloped property.
(b)
No person owning
undeveloped property located within a platted subdivision with at least 60
percent (60%) of the lots developed shall permit or maintain within the public
right-of-way adjoining such premises any growth of noxious weeds; nor any growth
of grass or other rank vegetation to a greater height than six (6) inches on the
average; nor any accumulation of miscellaneous debris.
(2)
Developed
Property. No person owning any developed property shall permit or
maintain on any such premises any growth of noxious weeds; nor any growth of
grass or other rank vegetation to a great height than six (6) inches on the
average; nor any accumulation of miscellaneous debris on any developed property.
(C)
Duty of
Owner(s). It shall be the duty of the owner(s) of any premises within
the City, to cut and remove or destroy by lawful means all such noxious weeds,
grass and other rank vegetation and to remove the accumulation of any
miscellaneous debris as often as may be necessary to comply with the provisions
contained herein.
(D)
Noncompliance;
Remedy of City. If the owner(s) of
any premises notified to abate a nuisance resulting from a violation of the
provisions of this Chapter after receiving the required notice of a violation as
set forth in (F), the City Manager or his or her agent shall through the
Department of Public Works or contract laborer, cause all such noxious weeds and
grass to be cut or destroyed, along with the removal of any accumulation of
miscellaneous debris, upon lands of the person not complying with the provisions
hereof. The city shall keep an
accurate account of all expenses incurred with respect to each parcel of land
entered upon in carrying out the provisions of this subsection and shall make a
sworn statement of said account.
(E)
Collection from
Property Owner(s). All expenses
incurred in connection with the cutting and removal of noxious weeds and grass,
plus ten percent (10%) for publication, inspection, enforcement and
administrative costs shall be paid by the owner(s) of the property and shall be
a lien against the premises and collected in the manner prescribed in Act No.
359 of the Public Acts of 1941, ad amended and Chapter 11 of the West Branch
City Charter.
(F)
Notice of
Requirements.
(1)
General Notice. The City Clerk shall on or before the 15th day of
May of each year give notice of the requirements and provisions of this
subsection by publishing a notice thereof in a newspaper of general circulation
in the City of West Branch
(2)
The owner of any
premise in violation of the provisions of this Chapter will be notified one time
per season by regular first class mail at his or her last known address, with
proof of mailing and/or by posting such notice in some conspicuous place on the
premises for five (5) days before the act or action concerning which the notice
is given.
(G)
Exemptions.
Trees and wooded areas, flower and/or vegetable gardens, vegetation
planted for ornamental purposes and/or agricultural purposes, plots of
shrubbery, and flood plain areas or portions thereof determined not to be
mowable by the City Manager of his/her designee are exempt from this subsection.
Such exemption for garden areas and agricultural purposes cannot be
claimed unless the land has been cultivated and cared for in a manner
appropriate to such categories.
(Ord. 11-03, passed 4-18-2011; Am. Ord.
12-04, passed 4-2-2012)
§153.09
TREES
(A) Finding of Fact. The City Council finds and declares that it is in the public interest and public welfare to plan for and regulate trees in the City of West Branch. All street trees, park trees and privately owned trees are valuable assets to the residents of the City. Proper planning and care will help insure that these assets will continue to thrive and benefit the citizens of the City in the future.
(B) Definitions.
(1) Large trees. “Large trees” are those trees attaining a height of forty-five (45) feet or more at maturity.
(2) Park trees. “Park trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park.
(3) Small trees. “Small trees” are those trees attaining a height of twenty (20) to thirty (30) feet in height at maturity.
(4) Street trees. “Street trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the City (also referred to as the “street right-of-way”).
(C) Written Plan.
It shall be the responsibility of the City Manager or his/her designee from time to time, to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along street, and in other public areas. Such plan will be presented to the City Council and upon their acceptance and approval shall constitute the official comprehensive City tree plan for the City of West Branch. The Planning Commission shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.
(D) Operation. The Planning Commission will act as the City Tree Board.
(E) Street Tree Species to be Planted. Upon recommendation by the Planning Commission, the City Council shall determine by resolution from time to time, a list of street tree species either allowed to be or prohibited from being planted. Said list shall contain small trees, large trees and prohibited street trees.
(F) Spacing. The spacing of street trees will be in accordance with the two (2) species size classes listed in §153.09(B) and no trees may be planted closer together than the following: Small trees, thirty (30) feet, and large trees, fifty (50) feet; except in special plantings designed or approved by a landscape professional. Each residential lot in the City of West Branch is entitled to at least one (1) street tree.
(G) Distance from Curb and Sidewalk. The distance trees may be planted from curbs, or curb lines and sidewalks, will be in accordance with the (2) species size classes listed in §153.09(B). As a general standard, no trees may be planted closer to any curb or sidewalk with the following: Small trees – two (2) feet; and large trees – four (4) feet. Exceptions to this standard may be approved by the City Manager in those areas where the distance between the curb and sidewalk is less than eight (8) feet.
(H) Distance from Street Corners and Fire Hydrants. No street tree shall be planted closer than thirty-five (35) feet to any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than ten (10) feet to any fire hydrant, or eight (8) feet of any driveway.
(I) Distance from Utility Poles. No street tree shall be planted closer than ten (10) feet to any utility pole.
(J) Public Tree Care. The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. Said care shall conform to the latest American National Standard (ANSI) for Tree Care Operations – “Tree, Shrub and other Woody Plant Maintenance – Standard Practice.”
The City Manager or his/her designee may remove, or cause or order to be removed, any street tree or park tree, or part thereof, which is in an unsafe condition or which by reason if its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is infected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said trees is in accordance with §153.09(E) through (I).
(K) Tree Topping. It shall be unlawful as a normal practice for any person, firm or City department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions, where other pruning practices are impractical, may be exempted from the subsection at the determination of the City Manager.
(L) Pruning, Clearance. Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street light or obstruct the view of any street intersection, and so that there shall be a clear space of at least eight (8) feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub, or branches and limbs thereof, on private property when it interferes with the proper spread of light along the street from a street light, interferes with the safe passage of any vehicle, obstructs the visibility of any traffic control device or sign, or obstructs the safe passage of any public sidewalk.
(M) Dead or Diseased Tree Removal on Private Property. The City shall have the right to cause the removal of any dead or diseased tree(s) on private property within the City, when such tree(s) constitutes a hazard to life and property, or harbors insects or disease which constitutes a potential threat to other trees within the City. The City Manager will notify, in writing, the owners of such trees by personal service or first class mail. Removal shall be done by said owners at their own expense within thirty (30) days after the date of service or mailing of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal to the property owners. Failure to pay any such invoice by the time period specified shall create a right by the City to add the amount of such bill to the real property tax rolls for said property, to be collected the same as other real property taxes in the City.
(N) Removal of Stumps. All stumps of street and park trees shall be removed, within one year of removal, below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(O) It shall be unlawful for any person to prevent, delay or interfere with the City’s agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this subsection.
(P) Tree Permit and Insurance Requirements. It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first applying for and procuring a tree permit from the City Manager or his/her designee. The person requesting the tree permit must provide proof of his/her skills and qualifications or a state or national arborist license. The tree permit fee shall be determined from time to time by City Council resolution; provided, however, that no tree permit shall be required for any public service company or City employee doing such work in the pursuit of their public service endeavors. Before any tree permit shall be issued, each applicant shall first file evidence of possession of liability insurance in the amounts of one million dollars ($1,000,000) for bodily injury and one million dollars ($1,000,000) for property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(Q) Review by City Council. The City Council shall have the right to review the conduct, acts and decisions of the Planning Commission or its agents. Any person may appeal any ruling or order of the Planning Commission or its agents to the City Council who may hear the matter and make the final decision.
(Ord. 11-03, passed 4-18-2011)
§153.10
BURNING REGULATIONS
(A) Purpose and Intent. The purpose of this subsection is to protect the people and property within the City against health, safety, environmental and fire hazards caused by burning near roads, streets, places, buildings and structures, both public and private. To promote the health, safety and general welfare of the community by regulating methods of burning of materials. To encourage alternative methods of disposing of natural and biodegradable materials.
It shall be unlawful for any person to open burn any material, including the following at any time in the City: Household trash, books, magazines, newspapers, cardboard and/or any items that are recycled in the State of Michigan, including brush, leaves and scrap lumber or any vegetation, plywood, drywall, plastic products, insulation material, upholstered furniture, garbage, dead animals, human and animal excrement, human and animal hair, rubber products including tires, hydrocarbon products or flammable liquids, asphalt or tar shingles or roofing materials, bedding, foam rubber, nylon, rayon, cotton, wool, polyester or other synthetic material, insulation from copper or other wiring, solid waste and/or construction waste.
(B) Outdoor fires may be kindled and maintained in portable outdoor fireplaces under the conditions specified in this subsection. No bonfires or campfires are allowed.
(1) Definition of a “Portable Outdoor Fireplace” – A “Portable Outdoor Fireplace” means a movable container, which is commercially manufactured and designed with a chamber to hold an outdoor fire, used for heat or light, but not for cooking. A portable outdoor fireplace must be equipped with a screen capable of preventing burning embers from escaping. The appliance cannot be homemade.
(2)
Weather Conditions – No person may kindle or maintain an
outdoor fire in a portable outdoor fireplace when sustained wind velocities or
wind gusts exceed 15 miles per hour, or when atmospheric conditions or other
circumstances make such fires hazardous.
(3)
Fuel – Wood shall be used as the fuel in a portable
outdoor fireplace, provided that the wood does not extend outside of the
fireplace. “Wood” does not include
green tree branches or wet, treated or painted wood. Flammable liquids may not be used to ignite the fire.
No rubbish, trash, combustible materials, leaves, grass clippings or
other yard waste may be burned in a portable outdoor fireplace.
(4) Portable Outdoor Fireplace to be Attended – No person under 18 years of age may kindle or maintain a fire in a portable outdoor fireplace. The fireplace must be attended at all times by a person 18 years of age or older. An extinguishing agent capable of extinguishing the fire must be present whenever the fireplace is in use.
(5) Location of Fireplace – No portable outdoor fireplace may be located within 15 feet of any building or combustible structure, fence, deck, or vehicle. A fireplace must be placed on a noncombustible barrier such as cement patios, used only in backyards, and in no event shall the portable outdoor fireplace be built into the ground or located below grade.
(6)
Intensity of Fire – No person shall maintain a fire in a
portable outdoor fireplace so that the flames extend beyond the fire chamber in
the fireplace. Fires shall be put
out completely, they shall not smolder or self-extinguish.
(7)
Odor and smoke – no portable outdoor fireplace shall be
used in such a manner as to emit offensive or objectionable smoke or odors.
(8)
Time Limitation – No person shall maintain a fire in a
portable outdoor fireplace between the hours of 1:00 a.m. and 8:00 a.m.
(Ord. 11-03, passed 4-18-2011)
§153.11
VIOLATION OF THIS CHAPTER
Violation of this chapter is
a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code
of Ordinances.
(Ord. 11-03, passed 4-18-2011)