Burning Ordinance

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)