ORDINANCE NO BURNING ORDINANCE. and specifically to prohibit burning within the village limits.

Transcription

1 ORDINANCE NO BURNING ORDINANCE AN ORDINANCE to promote the general health, safety, and welfare of the residents of the village of lakeview and specifically to prohibit burning within the village limits. The Village of Lakeview ordains: SECTION 1: BURNING WITHIN VILLAGE No person shall ignite or otherwise cause to burn any garbage, trash, grass clippings, leaves, weeds, brush, debris, or refuse, whether animal, vegetable, mineral, wood or syntheqc materials in any open fire or in a receptacle upon any lands within the Village of Lakeview except in accordance with the terms of this ordinance. The provisions of this secqon shall not prohibit the burning of wood in a fireplace or stove for the purpose of cooking or providing heat, nor shall the provisions of this secqon prohibit the use of outdoor grills or small campfires, not to exceed 4 feet in diameter. SECTION 2: PERMISSIBLE BURNING No person shall ignite or otherwise cause to burn campfires upon any lands within the Village of Lakeview, except in accordance with all of the following requirements: I. A person of suitable age and discreqon shall remain in constant axendance during the Qme the campfire is burning or smoldering. II. The person or persons tending the campfire shall remain in complete control over the campfire at all Qmes and shall ensure that the fire does not threaten surrounding properqes. III. The quanqqes of materials, wood and charcoal burned shall not exceed an amount which can reasonable be anqcipated to be controlled.

2 IV. Before abandoning the site of the campfire or disposing of its remains, the person or persons tending the campfire shall take all steps necessary to exqnguish any maxer sqll burning, smoking, or smoldering. V. At no Qme shall any burning occur on or within 40 feet of the surface of any public street in the village. VI. At no Qme shall any burning occur on or within 20 feet of a building or property line. VII. At no Qme shall a person burn or permit the burning of materials which are wet or damp, thus creaqng smoke in an amount or of a nature to disturb, annoy, or harm. VIII. Materials burned in any grill or campfire shall be limited to wood and charcoal. SECTION 3: PROHIBITED BURNING; EXCEPTIONS. No person shall burn garbage, trash, refuse, construcqon materials, plasqcs, or other combusqble materials except in accordance with a permit issued by the Environmental ProtecQon Agency, Department of Natural Resources, or other Federal or State Agency regulaqng incinerators or industrial processes.

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4 SECTION 4: VIOLATION CONSEQUENCES. Any burning in violaqon of the terms of this ordinance, shall be a misdemeanor punishable by fine, not exceeding $500.00, and by jail, not exceeding 90 days. SECTION 5: ADMINISTRATION RESPONSIBILITY. It shall be the duty of the Lakeview Police Department and/or the Village Manager to invesqgate the origin of fires which are in violaqon of the terms of this ordinance and to acqvely endeavor with the cooperaqon of the Village AXorney to secure convicqon of all persons violaqng this ordinance. SECTION 6: ADMINISTRATION LIABILITY. No officer, agent, or employee of the Village of Lakeview shall render himself or herself liable for any damage that may accrue to any person as the result of any act, decision, or other consequence or occurrence arising out of the discharge of his or her duqes and responsibiliqes pursuant to this ordinance. SECTION 7: SEVERABILITY AND CAPTIONS. This ordinance and the various parts, secqons, subsecqons, sentences, phrases, and clauses thereof are hereby declared to be severable. If any part, secqon, subsecqon, sentence, phrase, or clause is adjudged unconsqtuqonal or invalid, it is hereby declared that the remainder of this ordinance shall not be affected thereby. The capqons included at the beginning of each secqon are for convenience only and shall not be considered as part of this ordinance. SECTION 8: EFFECTIVE DATE. This ordinance was approved and adopted by the Village Council on July 26, 1993, and shall be effecqve 20 days upon publicaqon.

5 Edward J. JonaiQs Village President

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7 VILLAGE COUNCIL VILLAGE OF LAKEVIEW MONTCALM COUNTY, MICHIGAN ORDINANCE NO Adopted: June 11, 2007 Published: June 15, 2007 EffecQve: July 5, 2007 AN ORDINANCE TO AMEND SECTIOSN 1, 2(B), 2(C), 2(F), AND 2(H) OF ORDINANCE NO 93-3 BURNING ORDINANCE, AND TO ADDNEW SECTIONS 1.1, 2(I), AND 3.1 TO ORDINANCE NO 93-3 BURNING ORDINANCE. THE VILLAGE OF LAKEVIEW ORDAINS: SECTION 1. AMENDMENT OF SECTION 1 OF ORDINANCE NO SECTION 1 OF ORDINANCE NO 93-3 IS HEREBY AMENDED AND RESTATED IN ITS ENTIRETY AS FOLLOWS: SECTION 1. BURNING WITHIN VILLAGE No person shall ignite or otherwise cause any campfire, open burning, outdoor burning, or other burning whatsoever on any of the lands within the Village of Lakeview except in accordance with the terms of this Ordinance. No person shall ignite or cause to burn any waste or refuse or construcqon material and demoliqon waste or any other debris, material, or refuse whatsoever on any of the lands within the Village of Lakeview except in accordance with the terms of this Ordinance. The provisions of this Ordinance shall not prohibit the burning of clean fuels in an indoor fireplace or stove for the purpose of cooking or providing heat, nor shall it prohibit the use of portable fire receptacle units, campfires, or other burning as allowed under the terms of this Ordinance.

8 SECTION 2. AMENDMENT OF ORDINANCE NO 93-3; ADDITION OF NEW SECTION 1.1. ORDINANCE NO 93-3 ENTITLED BURNING ORDINANCE IS HEREBY AMENDED TO ADD A NEW SECTION 1.1, WHICH NEW SECTION SHALL READ IN ITS ENTIRETY AS FOLLOWS: SECTION 1.1. DEFINITIONS: I. Campfire means an outdoor fire burning clean wood or charcoal intended for recreaqon or cooking but not including a fire intended for disposal of waste or refuse or construcqon material and demoliqon waste. A campfire must be contained within a fire pit unless within and in accordance with the rules of a designated campground. II. Clean Wood means natural wood which has not been painted, varnished, or coated with a similar material, has not been pressure treated with preservaqves, and does not contain resins or glues such as in plywood or other composite wood products, except that clean wood does include manufactured starter logs commercially available and commonly used in fireplaces and campfires.

9 III. ConstrucQon Material and DemoliQon Waste means building waste materials, including but not limited to waste shingles, insulaqon, lumber, other wood materials including but not limited to treated wood and painted wood, wiring, plasqcs, packaging, and rubble, and includes any material other than clean wood that results from construcqon, remodeling, repair, and demoliqon operaqons on a house, commercial, or industrial building or structure. IV. Waste or Refuse means any garbage, trash, grass clippings, leaves, weeds, brush, plasqcs, rubber, construcqon material and demoliqon waste or other combusqble materials, whether animal, vegetable, mineral, wood, or syntheqc material. V. Open Burning means kindling or maintaining a fire where the products of combusqon are emixed directly into the ambient air without passing through a stack or chimney but does not include any burning in any portable fire receptacle unit. VI. Outdoor Burning means any open burning or any other burning outside the walls of any man made building, house, or other structure, including any burning in an outdoor boiler/burner, portable fire receptacle unit, or fire pit. VII. Outdoor Boiler/Burner means a wood-fired boiler, wood burner, stove, furnace, device, appliance, equipment, apparatus, or structure that is designated, intended and/or used to provide hot water heat, hot water, or steam to any associated structure, and that operates by burning wood, charcoal, coal, corn, pellets, or other fuel sources approved for or customarily used for burning in an outdoor boiler/burner and is not located within the structure to be heated. VIII. Portable Fire Receptacle Unit means outdoor burning or open burning fire receptacles which are not permanently affixed to any structure such as a chimnea, paqo warmer, smokers and grills, or other portable devices used for outdoor recreaqon, cooking, and/or heaqng. IX. Fire Pit means a permanently fixed, outdoor burning or open burning receptacle located no closer than forty feet from any public surface street, or within twenty feet of any building or property line. All fire pits must be constructed in accordance with SecQon 2(J) of this Ordinance. X. The definiqons set forth in this SecQon 1.1 shall apply to the above terms whether capitalized or not, plural or singular, and however used throughout this Ordinance No

10 SECTION 3. AMENDMENT OF SECTIONS 2(B), 2(C), 2(F) AND 2(H) OF ORDINANCE NO 93-3; ADD NEW SECTIONS 2(I) AND 2(J) TO ORDINANCE SECTIONS 2(B), (C), (F), AND (H) OF VILLAGE ORDINANCE NO 93-3 ARE AMENDED AND RESTATED IN THEIR ENTIRETY, AND NEW SECTIONS 2(I) AND 2(J) ARE ADDED, AS FOLLOWS: B. The person or persons tending the campfire shall remain in complete control over the campfire at all Qmes, shall ensure that the campfire does not threaten surrounding properqes, and shall ensure that equipment suitable for exqnguishing the campfire are nearby and readily available for use to control the fire. Suitable equipment includes but is not limited to a garden hose with water supply, a shovel, fire exqnguisher, or other equipment of similar effect. C. The quanqqes of clean wood or charcoal placed in a campfire at one Qme shall not exceed an amount which would reasonably be controllable or which is likely to create a flame greater than three feet above ground level. F. At no Qme shall any burning occur on or within 20 feet of a building or property line, with the excepqon of the use of portable fire receptacle units.

11 H. Materials used in any portable fire receptacle unit shall be limited to clean wood, charcoal, natural or propane gas, or other manufactured clean burning fuels such as pellets or starter logs. Materials used in any campfire shall be limited to clean wood, charcoal, or other manufactured clean burning fuels such as pellets or starter logs. I. Portable fire receptacle units may be operated on wood decks or other decking as long as safety precauqons are used such as placing non-combusqble material like brick, stone, concrete, or approved noncombusqble mats or other materials between the portable fire receptacle unit and the combusqble material. If a portable fire receptacle unit is not operated by burning natural or propane gas, the charcoal, clean wood, or other fuel supply shall be situated no closer than 6 feet from the unit. J. Fire pits shall be no greater than four feet in diameter and must be constructed of a non-combusqble material such as concrete, brick, stone, metal, soil, or other non-combusqble material. Pits excavated into the ground need not be lined with any material below the ground surface. Pits placed on the ground shall have a six in high border above the surface of the ground consisqng of non-combusqble material which surrounds the campfire. SECTION 4. AMENDMENT OF ORDINANCE NO. 93-3; ADDITION OF NEW SECTION 3.1. ORDINANCE NO 93-3 ENTITLED THE BURNING ORDINANCE IS HEREBY AMENDED TO ADD A NEW SECTION 3.1, WHICH SHALL READ IN ITS ENTIRETY AS FOLLOWS: SECTION 3.1. PROHIBITED BURNING; OUTDOOR BOILER/BURNERS I. Outdoor Boilers/Burners: All outdoor boilers/burners shall be installed to meet all of the following requirements: a. Be posiqoned at least 20 feet from each lot line; b. Be posiqoned at least 100 feet from the primary structure on each adjacent lot; c. Be posiqoned to the rear of the primary structure on the lot on which it is placed; d. Be installed by a licensed contractor, according to a mechanical permit; and e. Be installed with an exhaust stack at least as high as the highest chimney of the primary structure on the lot on which it is placed or on an adjacent lot.

12 f. No outdoor burner shall be installed, put to use, or remain in use without first obtaining a permit from the Village of Lakeview, issued by the office of the Village Manager or such office or official of the Village of Lakeview as the Village Manager may designate. Such permits may be issued in the discreqon of such official representaqve of the Village of Lakeview, based upon the applicant s adherence with the following factors, and upon the furnishing to the Village the following informaqon: 1. A drawing providing and idenqfying all of the informaqon necessary to assure compliance with this secqon. 2. Manufacturer s specificaqons for the outdoor boiler/burner. 3. Proof of compliance with all applicable state and federal statutes, rules, regulaqons, and permit requirements, including, without limitaqon, all applicable building and construcqon codes, fire codes, and the zoning ordinance. g. Any person owning and operaqng an outdoor boiler/burner prior to July 5, 2007 shall apply for the permit required by SecQon 3.1(A)(6) within sixty (60) days of such date. The Village official reviewing such applicaqon shall issue the permit to such a person notwithstanding reasonable variaqons from the requirements of subsecqons 1-5 of this SecQon 3.1(A), so long as such pre-exisqng outdoor boilers/burners are deemed safe

13 and acceptable in the discreqon of the Village official. The Village official may require reasonable alteraqons to the pre-exisqng unit prior to issuing the permit in the interest of public safety. All pre-exisqng outdoor boiler/burners are subject to this Ordinance and all parts hereof, specifically including SecQons 3.1(A)(8)-(11). h. The area around an outdoor boiler/burner shall be free of substanqal vegetaqon or other combusqble material in a radius of 10 feet from the unit, or in a distance specified by the parqcular manufacturer of such unit, whichever is greater. i. Only dry natural hard wood without addiqve, coal, charcoal, corn, pellets, or other approved or customarily used alternate fuel sources may be burned in an outdoor boiler/burner. j. Outdoor boiler/burners and associated installaqons shall be subject to inspecqon by the Village Zoning Administrator and State Mechanical Inspector at any reasonable Qme to assure compliance with this secqon or other applicable laws. InspecQon by the Mechanical Inspector shall be required before any outdoor boiler/burner is put into service. k. Nothing contained herein shall authorize any installaqon that is a public or private nuisance, regardless of compliance with this secqon. This ordinance shall not be a defense to any civil claims for nuisance or for any other cause. SECTION 5. SEVERABILITY. The provisions of this Ordinance are hereby declared to be severable and if any clause, sentence, word, secqon, or provision is declared void or unenforceable by a court of competent jurisdicqon, it shall not affect any porqon of this Ordinance other than said part or porqon thereof. SECTION 6. REPEAL. All ordinances or parts of ordinances of the Village of Lakeview predaqng and in conflict with this Ordinance are hereby repealed, except that this Ordinance shall not be construed to repeal any provision in the Village Zoning Ordinance.

14 SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect 20 days arer its adopqon or upon its publicaqon (or a summary thereof), whichever occurs later.

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16 The above Ordinance was offered for adopqon by Village Council Member Lobert, and was seconded by Village Council Member Earhart, the vote being as follows: YEAS: Winter, Earhart, Lobert, Farrell, SchoXle, Collard NAYS: None ABSENT: Lund ORDINANCE NO DECLARED ADOPTED. Ed Winter, President Wally Delamater, Clerk CERTIFICATION I hereby cerqfy that the above Ordinance was adopted by the Council of the Village of Lakeview at a regular meeqng held at the Village offices on June 11, 2007, pursuant to the required statutory noqce and procedures. Wally Delamater, Clerk Adopted June 11, 2007 Published June 15, 2007 EffecQve July 5, 2007

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