658.04  OPEN BURNING.
   No person shall ignite or maintain an outdoor open fire of a nature, size or location which creates a danger of spreading beyond its intended location or damaging nearby structures, grounds or vegetation, or which creates objectionable smoke or fumes which spread to neighboring dwellings, or without providing tools, equipment and supplies at the site of the fire which are sufficient to extinguish it at any time, or without maintaining continuous and uninterrupted on–site supervision of the fire.
   (a)   Prohibited Fires.  Prohibited fires under this section shall include all of the following:  It shall be a nuisance and unlawful for any person to openly burn or allow to be openly burned, at any time or place, garbage, refuse and rubbish, construction waste or hazardous waste.  For purposes of this subsection, words and phrases defined in this subsection shall be given the meaning indicated below:
      (1)   “Construction waste” means waste materials resulting from alteration, repair, or construction of buildings or structures.
      (2)   “Garbage” means rejected food wastes, including waste accumulations of animal, fruit or vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl,  fruits or vegetables.
      (3)   “Hazardous waste” means waste or a combination of waste or other discarded material, including solid, liquid, semi-solid or contained gaseous material which, because of its quality, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible illness or serious incapacitating but reversible illness, or pose a substantial present or potential hazard to human health or the environment, if improperly treated, stored, transported, disposed of or otherwise managed in accordance with the Hazardous Waste Management Act of Michigan, Public Act 64 of 1979, as amended.
      (4)   “Refuse” means putrescible and nonputrescible solid wastes, except body wastes, and includes garbage, rubbish, small dead animals and construction and hazardous wastes.
      (5)   “Rubbish” means nonputrescible solid waste, excluding ashes, consisting of both combustible and noncombustible waste, including paper, cardboard, metal containers, wood, glass, bedding, crockery, demolished building materials or litter of any kind that may be a detriment to the public health and safety.
   (b)   Size and Location.  The location for any open burning shall not be less than fifty feet from any structure, and provisions shall be made to prevent the fire from spreading to within fifty feet from any structure.  The size of any open burning shall not exceed five feet in diameter without the prior written authorization from the Chief of Police who will investigate the proposed burning location and size and determine whether the safety requirements for the fire are adequate and sufficient for the situation.
(Ord. 81.  Passed 12–9–96; Ord. 104.  Passed 7-12-05.)