(A) Purpose. This section is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the city by regulating the air pollution and fire hazards of open burning and outdoor burning.
(B) Applicability.
(1) This section applies to all outdoor burning and open burning within the city.
(2) This section does not apply to grilling or cooking food using charcoal, wood, propane, or natural gas in cooking or grilling appliances.
(3) This section does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
(4) This section does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Hancock (hereinafter “city”).
CITY MANAGER. The City Manager or his or her designee.
CLEAN WOOD. Natural wood which 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.
CONSTRUCTION AND DEMOLITION WASTE. Building waste materials, including, but not limited to, waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair and demolition operations on a house, commercial or industrial building, or other structure.
GARBAGE. Any animal or vegetable waste resulting from handling, preparation, cooking, and consumption of food.
OPEN BURNING. Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney.
OUTDOOR BURNING. Open burning or burning in an outdoor setting.
REFUSE. Any trash, including, but not limited to, plastic, exclusions, furniture, bedding metals, tin, glass, and discarded building and household decorative materials.
STACK OR CHIMNEY. A flue, conduit, or duct designed to direct an effluent into ambient air.
YARD WASTE. Regular wastes produced from landscaping, gardening activities, trimming, pruning, mowing, and the maintenance of grounds.
(D) General prohibition on outdoor burning and open burning. Open burning and outdoor burning are prohibited in the city unless the burning is specifically permitted by this section or is located at the city campground.
(E) Recreational fires. Recreational fires on private property are permitted so long as they meet all the following requirements:
(1) The fire pit or receptacle does not exceed three feet in diameter;
(2) Fires are attended until extinguished and ashes are cooled by a competent person of at least 18 years of age;
(3) Only clean wood products or commercially produced fuel products are burned;
(4) Recreational fires shall be located at least 20 feet from the nearest neighbor structure which is not on the same property as the recreational fire;
(5) Fire does not threaten trees, shrubs or branches that may ignite;
(6) Atmospheric conditions are favorable;
(7) Fire is in a pit or receptacle that inhibits the spread of a fire;
(8) Prohibit emission of smoke or fumes which irritate, annoy, or constitute a health nuisance to others living in the neighborhood;
(9) No fires will be allowed from midnight to 6:00 a.m.; and
(10) The fire does not endanger other buildings or structures.
(F) Bonfires. Public or private bonfires in which the material wood exceed three feet in diameter require prior approval of the City Manager and/or the Fire Chief.
(G) No burning orders. No burning may be conducted on days when the Department of Environmental Quality, Department of Natural Resources or Governor of Michigan has issued a ban applicable to the area.
(H) Penalty. Failure to abate a violation of this section as prescribed by the City Manager, code enforcement officer, police officer or other city authorized representative shall result in a fine of up to $100 for each day during which the property owner is in violation of this section and/or up to 90 days in jail.
(Ord. 289, passed 12-17-14)