(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) BONFIRE. An outdoor burning put on by a recognized community, educational, or religious organization for a specified ceremonial purpose.
(2) CAMPFIRE. A small outdoor fire intended for recreation or cooking, but not including a fire intended for the disposal of waste wood or refuse.
(3) CLEAN WOOD. Natural wood that has not been painted, varnished, or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
(4) GARBAGE. Rejected food wastes, including waste accumulation of animal, fruit, or vegetable matter used or intended for food, or that attend the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetables.
(5) OPEN BURNING. Any combustion process from which the products of combustion are emitted directly into the outdoor atmosphere without passing through a stack, patio wood-burning unit, or recreational fire pit.
(6) PATIO WOOD-BURNING UNIT. A chimney, patio warmer, or other enclosed, portable wood-burning device used for outdoor recreation and/or heating.
(7) RECREATIONAL FIRE PIT. A man-made enclosure, above or below grade, no larger than three feet in diameter and no more than 18 inches in depth.
(8) REFUSE. Solid wastes, except body wastes, and included garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and solid market and industrial wastes.
(9) RUBBISH. Solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, trees, timber, leaves, wood, glass, bedding, crockery, or litter of any kind that will be a detriment to the public health and safety.
(B) No person shall cause, suffer, or allow the open burning of refuse or rubbish without a permit. A permit may be issued only if all the following conditions are met.
(1) A written statement is filed with the Fire Chief giving the reasons why no method except open burning can be employed to dispose of the refuse or rubbish involved; the amount and kind of refuse or rubbish to be burned; the exact location where the burning will take place, and the dates and time when the open burning will be done and the duration thereof.
(2) A program is filed with the Fire Chief, setting forth a satisfactory method for eliminating the need for open burning in the future.
(3) Written approval is received from the Fire Chief.
(4) Approval is obtained from the Wayne County Health Department.
(C) In no case shall the open burning of garbage be permitted.
(D) No person shall conduct a salvage or demolition operation by open burning.
(E) Any person who shall install refuse- or rubbish-burning equipment in structures other than those designed and used exclusively as a dwelling for more than three families shall procure an installation permit from the Wayne County Department of Health.
(F) Patio wood-burning units. A patio wood-burning unit may be installed and used in the city only in accordance with all of the following provisions.
(1) The patio wood-burning unit shall not be used to burn refuse or yard waste.
(2) The patio wood-burning unit shall burn only clean wood.
(3) The patio wood-burning unit shall be located at least 25 feet from any structure or lot line, or as depicted within the manufacturer’s operating guidelines.
(4) The patio wood-burning unit shall not cause a nuisance by way of unreasonable light, heat, smoke, odor, or in other manner.
(5) The patio wood-burning unit shall not be used on any combustible surface, including, though not limited to, a wood, composite, or plastic deck.
(6) The patio wood-burning unit must be enclosed, by one-quarter-inch metallic mesh or otherwise, to ensure that burning materials are contained within the unit.
(7) The fire shall be attended to at all times by an adult over the age of 18 who must also be a resident of that property.
(8) There shall be at least one suitable means of fire extinguishment available near the fire. These can include a 40-bc-rated fire extinguisher, a garden hose hooked up to a water supply ready for use (not frozen or otherwise obstructed), or dirt/sand and shovels.
(9) The fire shall be completely extinguished after each use and before retiring for the night.
(10) The patio wood-burning unit shall be utilized in rear yards only.
(G) Recreational fire pits. A recreational fire pit may be used in the city only in accordance with all of the following provisions.
(1) The recreational fire pit shall not be used to burn refuse or yard waste.
(2) The recreational fire pit shall only burn clean wood.
(3) The recreational fire pit shall be located a minimum of 50 feet away from any structure or lot line.
(4) The recreational fire pit shall not cause a nuisance to neighbors by way of unreasonable light, heat, smoke, odor, or in other unreasonable manner.
(5) The recreational fire pit shall not be located within 25 feet of any utility line, including, but not limited to, overhead or underground power lines or communication cable and natural gas service lines. Prior to installation, it is the property owner’s or occupier’s responsibility to contact MISDIG to ensure the same with respect to underground utility lines.
(6) The recreational fire pit shall be no larger than three feet in diameter.
(7) The recreational fire pit shall be no more than 18 inches in depth.
(8) The lid of the recreational fire pit shall be completely enclosed by steel mesh, with openings no larger than one-quarter inch.
(9) When in use, the recreational fire pit shall be completely enclosed with the steel mesh screening.
(10) The fire shall be attended to at all times by an adult over the age of 18 who must also be a resident of that property.
(11) There shall be at least one suitable means of fire extinguishment available near the fire. These can include a 40-bc-rated fire extinguisher, a garden hose hooked up to a water supply ready for use (not frozen or otherwise obstructed), or dirt/sand and shovels.
(12) The fire shall be completely extinguished after each use and before retiring for the night; and
(13) The recreational fire pit shall be in rear yards only.
(‘83 Code, § 91.06) (Ord. 71-012, passed 5-17-71; Am. Ord. 23-005, passed 12-18-23) Penalty, see §
10.99