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Sec. 18-61. Definitions. |
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The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
Approved burning device means 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.
Waste flammable material means 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.
(Comp. Ords. 1988, § 101.002) |
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Sec. 18-62. Permitted and prohibited burning. |
| (a) |
Burning of waste flammable material in an approved burning
device is permitted without a permit. |
| (b) |
No person may burn any waste flammable material in any
manner, other than in an approved burning device, without first
having obtained a permit from the township fire chief or his
designee. |
| (c) |
This article shall not apply to the burning of fuels such as
charcoal or gas in grills or other similar devices solely for
the preparation of food or recreation. |
| (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
hour before sunset and one 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 a 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.
9. Burning shall only take place during the following
periods: Spring Burning - March 15 to May 15 and Fall
Burning - October 01 to November 30, of each year.
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| (e) |
The township fire chief or his designee is hereby authorized
to issue municipal civil infraction citations and notices for
any violation of this article. |
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| Sec. 18-63. Burning permit rules. |
| (a) |
Residents must call the fire department at 361-2895 Monday
through Friday between 7:30 a.m. and 4:30 p.m. to request a
burning permit. |
| (b) |
At the discretion of the fire chief, a verbal permit will be
issued providing the conditions of this article 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 a.m.
to 6:00 p.m., seven days a week. |
| (c) |
The verbal permit will be good for seven days. |
| (d) |
No more than six permits may be issued per address per year. |
| (e) |
Recreational fires are allowed without a permit if the
following conditions are met:
1. Built on a dirt surface with all combustible materials
or growth cleared at least five feet from the fire pit;
2. The fire shall be built from cut timber no longer than
30 inches, and no larger than four inches in diameter;
3. The fire must be at least 50 feet from any structure;
4. No papers, yard waste, garbage, or building materials
are to be burned;
5. Fire must be extinguished by midnight;
6. Fire must be clean burning;
7. Fire must be attended by an adult at all times;
8. Fire must be extinguished with water when done, or at
midnight.
9. Fire must not exceed four feet in diameter.
10. The burning material shall be stacked no higher than two
feet from the ground. |
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(Comp. Ords. 1988, § 101.000(addendum)) |
| Sec. 18-64. Authority of fire chief;
burning permits. |
| (a) |
Generally. This article 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. |
| (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 seven 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
the township. |
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(Comp. Ords. 1988, § 101.004) |
| Sec. 18-65. Violation of article a
municipal civil infraction. |
| Any person who violates or refuses to comply
with any provision of this article shall be responsible for a
municipal civil infraction. |
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(Comp. Ords. 1988, § 101.005; Ord. No. 688, 6-5-2000) |
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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:
a. A safe distance from buildings
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