An ordinance to amend Ordinance #271, known as the Plainfield
Charter Township Burning Ordinance, to permit burning of "yard
clipping" as that term is defined in MCLA 299.407, Section
7, (7) upon the issuance of a burning permit.
| 101.001 |
Sec. 1. Short Title. |
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This Ordinance shall be known and cited as "Plainfield
Charter Township Burning Ordinance." |
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| 101.002 |
Sec. 2. Definitions. |
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(a) |
Approved burning device: A properly installed and maintained
incinerator displaying an American Gas Association or similar
rating organization seal of approval stating that the device
met such organization's requirements for smokeless-odorless
operation or is approved by the Fire Chief or his designee
at the date of manufacture. The absence of a seal of approval
shall be prima facie evidence that such incinerator is not
an approved burning device. |
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(b) |
Waste flammable material: Any waste or discarded substance
that will burn, including but not limited to refuse, debris,
waste forest material, brush, stumps, logs, rubbish, fallen
timber, grass, stubble, leaves, fallow land, crops, garbage
or crop residue. |
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(c) |
Person: Any individual, corporation, partnership, association,
or any officer, employee, or agent of the foregoing. |
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| 101.003 |
Sec. 3. Permitted and prohibited burning. |
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(a) |
Burning of waste flammable material in an approved burning
device is permitted without a permit. |
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(b) |
No person may burn any waste flammable material in any manner,
other than approved burning device, without first having obtained
a permit from the Township Fire Chief or his designee. |
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(c) |
This ordinance shall not apply to the burning of fuels such
as wood, charcoal, or gas for the preparation of food or recreation. |
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(d) |
It shall be lawful with a permit to burn leaves, branches
not exceeding four inches in diameter, "yard clippings," provided
further that the following conditions are met:
1. Such burning is not done on a public street or a public
parkway.
2. Said leaves and/or yard clippings shall emanate from
the property on which it is burned.
3. The burning must occur not less than 100 feet from the
nearest public street or highway, at least 100 feet from
all buildings, and at least 200 feet from the nearest dwelling
owned or occupied by any person other than the owner of the
premises on which such burning shall occur.
4. No burning shall take place between the hours of one
(1) hour before sunset and one (1) hour after sunrise.
5. No burning shall take place when weather conditions are
such that burning is, in the opinion of the Township Fire
Chief or his designee, likely to create a hazard.
6. Burning shall be conducted in such manner that it will
not be detrimental to the health, safety or welfare of other
persons or property.
7. All burning must be done under the continuous supervision
of an adult who shall be present at the fire site.
8. Some type of equipment capable of extinguishing the fire
must be conveniently available whenever burning is taking
place. |
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(e) |
The Township Fire Chief or his designee is hereby authorized
to issue appearance tickets for any violation of this section
of the Ordinance. |
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| 101.004 |
Sec. 4. Authority of Fire Chief / Burning
Permits |
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(a) |
This ordinance shall be enforced and administered by the
Township Fire Chief or his designee. On verbal or written application
and on receipt of fee established by the Township Board, if
any, the Fire Chief or his designee may issue a permit to burn
according to the rules approved by the Township board. |
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(b) |
Findings. When necessary the Fire Chief shall make written
findings concerning his determination which shall include
the following:
1. The need for and/or availability of fire department
personnel to guard against the spread of fire.
2. The duration of the permit. In no case, shall a permit
be granted for more than 7 days.
3. The degree of air pollution on the day of burning and
the effect of burning on air pollution.
4. Any other factor likely to adversely affect the public
health, safety and general welfare of persons and property
in Plainfield Township. |
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| 101.005 |
Sec. 5. Penalty for violation. |
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Any person or 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 $500.00, plus costs, to which
the township has been put in connection with the violation,
or imprisonment of 90 days, or both, in the discretion of the
Court. In no case, however, shall costs of less than $9.00
or more than $500.00 be ordered. A violator of this Ordinance
shall also be subject to such additional sanctions, remedies,
and judicial orders as are authorized under Michigan law. Each
day a violation of this Ordinance continues to exist constitutes
a separate violation. |
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| 101.006 |
Sec. 6 Repeal and Severability. |
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Any Ordinance in conflict with this Ordinance
is hereby repealed. Should any section, clause or provision
of this Ordinance be held invalid in any court of competent
jurisdiction, the same shall not effect the validity of this
Ordinance as a whole or any part thereof other than the part
so held to be invalid. |
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| 101.007 |
Sec. 7 Effective date. |
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This ordinance shall be effective 30 days after
publication in the newspaper of general circulation in Kent
County. This amendment shall be reported to the Department
of Natural Resources within 30 days of adoption. |
2. At the discretion of the Fire Chief, a verbal permit will be
issued providing the conditions of the ordinance are met. On the
day the resident wishes to do the actual burning, before
lighting the fire, they must call 361-2895 to get final permission to burn
and to let the Fire Department know who is burning on any given
day. Calls will be received from 7:00 AM to 6:00 PM, seven days
a week.
3. The verbal permit will be good for 7 days.
4. No more than six permits may be issued per address per year.
5. Recreational Fires are allowed without a permit if the following
conditions are met:
b. In pit not more than 4' square
c. No burning after midnight
d. Only firewood 4" in diameter or less
e. Fire must be extinguished by midnight
f. Fire must be clean burning
g. Fire must be attended by an adult at all times
h. Fire must be extinguished with water when done, or at midnight
