(a) No person shall kindle, maintain or authorize to be kindled or maintained, any open burning with the exception of recreational fires and bonfires, but only if a bonfire permit is obtained and the fire is conducted in conformance with this section.
(b) The open burning of unwanted materials such as construction materials, paper, trees, brush, household waste, leaves or grass clippings, and other debris where smoke and other emissions are released directly into the air is prohibited pursuant to MCL 324.11539 and Mich Admin. Code R 336.1310. No bonfires or recreational fires may contain any grass clippings or leaves.
(c) “Recreational fires,” which are open flame fires created by burning wood, trees, branches, kindling, wood chips, boxes, compressed wood or any other wood product for the purpose of food preparation and recreation are allowed, provided they are conducted in accordance with this subsection.
(1) Recreational fires may not be conducted within 15 feet of a structure or of combustible materials.
(2) Conditions and materials which could cause a fire to spread within 15 feet of a structure must be eliminated before lighting the fire.
(3) The size of the fire shall be limited to two (2) feet or less in height and three (3) feet or less in diameter. Recreational fires exceeding the size restrictions are considered bonfires which require a permit consistent with subsection (d).
(4) Portable outdoor fireplaces/fire pits shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet of a structure or combustible material.
(5) Fire may not be left unattended and must have onsite fire-extinguishing equipment or water source close at hand. Fires must be completely extinguished prior to leaving.
(6) The landowner shall take full responsibility to ensure that the fire:
A. Does not spread;
B. Is monitored; and
C. Is fully extinguished prior to leaving.
(7) The landowner shall be held liable for any and all damage as a result of their recreational fire and shall defend, indemnify, and hold harmless the City of Battle Creek.
(d) “Bonfires” are recreational fires that exceed (2) feet in height and/or (3) feet in diameter and may only be conducted with a bonfire permit issued by the City and in compliance with this subsection:
(1) Bonfires may not be conducted within 50 feet of a structure or of combustible materials or of a public right of way. Conditions and materials which could cause a fire to spread within 50 feet of a structure must be eliminated before lighting the fire.
(2) The size of the bonfire shall be limited to three (3) feet or less in height and eight (8) feet or less in diameter.
(3) The burning of rubber, plastic, garbage, refuse, petroleum products, and any painted material is strictly prohibited.
(4) Bonfires may not be left unattended and must have onsite fire-extinguishing equipment or water source close at hand. Bonfires must be completely extinguished prior to leaving.
(5) Bonfire permits are valid only for the day specified on the permit. The cost of a bonfire permit shall be as set out in the Fee, Bond, and Insurance Schedule, 802.24. Bonfire permits shall be issued by the City Clerk as the designee of the Fire Chief.
(6) It is the responsibility of the landowner or their agent to show a copy of the permit to Police or Fire personnel upon request. The landowner shall take full responsibility to ensure that the bonfire does not spread, is monitored, and is fully extinguished prior to leaving. The landowner shall be held liable for any and all damage as a result of their bonfire and shall defend, indemnify, and hold harmless the City of Battle Creek.
(e) Open-flame cooking devices, charcoal burners, and other open-flame cooking devices shall not be operated on balconies or within ten (10) feet of combustible construction, decorations or furnishings. Open-flame cooking devices shall not be operated over a public right-of-way or property of others.
(f) A person who violates this section is responsible for a Class D Municipal civil infraction and subject to the civil fines provided at Section 202.98.
(Ord. 14-05. Passed 7-19-05; Ord. 28-06. Passed 11-14-06; Ord. 05-2024. Passed 5-14-24.)