(A) Accumulation and disposition of rubbish. Any rubbish accumulated or stored outside of a dwelling or building on any premises shall be stored in a suitable receptacle, can, vessel, tank, or container which is watertight and covered with a tightly-fitting cover. No rubbish may be stored or accumulated which is contaminated by any garbage as herein defined, unless stored as garbage. Rubbish shall be disposed of only to a licensed rubbish collector, except that any person may dispose of his or her own rubbish by an approved incinerator located within a building.
(B) Outdoor fires.
(1) Findings. The village hereby finds that the burning of leaves, other yard waste, and garbage is a matter of public health concern. The burning of these materials results in the production of air pollution which is laden with suspended particles and the emission of known carcinogenic agents (by way of example, benzopryine) and mold spores, which are known to aggravate hay fever and other allergies and cause respiratory distress. The village finds that these harmful effects can be mitigated by the prohibition of leaf, yard, and household waste burning. The regulation of this activity has been deemed to be in the preservation of public health, safety, and welfare.
(2) Burning prohibited.
(a) Yard and other waste. No person, firm, or corporation shall permit, or engage in, the act of burning leaves, yard waste, stumps, grass, stubble, crops, crop residue, refuse, rubbish, paper products, or other household wastes within the limits of the village.
(b) Fireworks and campfires. All unlicensed and/or unpermitted fireworks, other than municipally-sponsored displays, are also included in this ban. Further, all campfires are hereby banned, except those within permanent established metal or masonry containers or fire rings at authorized campgrounds and places of habitation. Authorized campgrounds are those with permanently established roads and campsites, having permanently designated locations for campfires, such as state parks, most privately-, county-, and township-operated campgrounds, state forest campgrounds, and national forest campgrounds.
(3) Exceptions.
(a) Location. The location of the fire must be a reasonable distance from any structure and adequate provisions to prevent the fire from spreading to any structure must be utilized. For purposes of this chapter, a reasonable distance shall be construed to be not less than 25 feet.
(b) Attendance. A bonfire, or other outdoor fire permissible under this section, shall be constantly attended by an adult of at least 18 years of age until the fire is completely extinguished. The fire shall have a water supply or other fire extinguishing equipment readily available for use on site.
(c) Safety. The Fire Marshal may prohibit any and all bonfires when atmospheric conditions or circumstances make such fires hazardous, or when, in the opinion of the Fire Marshal, the bonfire would constitute a fire hazard or endanger the life or property of another.
1. The ban does not include charcoal, propane, or liquid-fueled camping stoves or grills. Brush burning is allowed by permit only.
2. For purposes of campfires and/or bonfires as stated above, and for any other outdoor fires which are permissible under this section, the following precautions shall be met:
a. No burning of any flammable materials, including refuse, brush, stumps, rubbish, grass, stubble, leaves, crops, or crop residue. Debris being burned in a burn barrel is included in the ban. All fireworks, other than municipally-sponsored displays, are also included in the ban;
b. All campfires and bonfires shall be contained within established metal or masonry containers or fire rings at authorized campgrounds or place(s) of habitation. Authorized campgrounds are those with permanently established roads and campsites, having permanently designated locations for campfires, such as state parks, most privately-, county-, and township-operated campgrounds, state forest campgrounds, and national forest campgrounds;
c. Fires shall be attended by a competent adult at all times; and
d. Materials satisfactory to extinguish the fire shall be kept reasonably close at hand and on the premises where the fire is placed.
3. Fires set for the instruction and training of public and industrial firefighting personnel; provided adequate notice is given to surrounding property owners.
4. Fire set to agricultural lands for disease and pest control and other accepted agricultural wildlife management practices.
(4) Enforcement.
(a) Authorized entities. The Village Police Department and the Village Fire Chief are authorized to enforce the provisions of this section.
(b) Duties. The enforcement duties authorized by this section shall include, among others, the following: investigation of ordinance violations; serving notices of violations; serving appearance tickets, as authorized under Public Act 175 of 1927, Ch. 4, being M.C.L.A. §§ 764.1 et seq., as amended, and Public Act 366 of 1984, being M.C.L.A. §§ 764.9c and 764.9f; appearance in court or other judicial proceedings to assist in the prosecution of ordinance violators, and the ordinance enforcement duties may be designated from time to time by the Village President not inconsistent with this section.
(Prior Code, § 91.05) (Ord. 12, passed 3-18-1968; Ord. passed 8-14-2018) Penalty, see § 91.99