Village of New Haven, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of New Haven 9-21-1982 by Ord. No. 186. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 258.
Housing and property maintenance — See Ch. 304.

§ 173-1 Title.

This chapter may be known and cited as the "New Haven Village Open Burning Ordinance."

§ 173-2 Statutory authority.

This chapter is adopted pursuant to, and in accordance with, the provisions of Act 143, Public Acts of 1923, as amended.[1]
[1]
Editor's Note: See the Natural Resources and Environmental Protection Act, Art. III, Ch. 2, Subch. 4, Part 515, Prevention and Suppression of Forest Fires, MCLA § 324.51501 et seq.

§ 173-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL FIRE
Any fire for agricultural purposes.
DOMESTIC FIRE
Any fire around the home.
FEES
The cost of obtaining said permit.
FOUL ODORS
Offensive to the senses; disgusting.
MATERIALS
The substances allowed to be burned.
PERMIT
A document granting permission.
SETTING OF FIRES
To destroy or be destroyed by undergoing combustions.

§ 173-4 Permitted periods and hours of burning.

A. 
This chapter provides for the control of the number of days per year, the hours of open burning of materials set forth in Subsection A(1) and (2):
(1) 
The setting of fires for spring burning shall be the last seven days in April and the first 14 days of May; the setting of fires for fall burning shall be the last 14 days of October and the first seven days of November.
(2) 
Hours of open burning shall be allowed between sunrise and sunset. No burning shall be allowed on Monday.
B. 
The New Haven Village Fire Chief shall determine whether the existing weather conditions could be dangerous for open burning because of high winds, rain, etc., and therefore ban burning for that day or days.

§ 173-5 Permit required.

No person, partnership, firm, association or corporation shall, within the limits of the Village of New Haven, set, burn or cause to be burned, at any time, the materials permitted to be burned under this chapter without first obtaining a burning permit from the New Haven Village Fire Chief or a duly authorized representative, at the New Haven Village Fire Station, located at 58275 Havenridge Road.

§ 173-6 Permit contents; term.

Any person, partnership, firm, association or corporation deciding to set or start a fire shall first obtain a permit, which shall state the name and address of the applicant, the location of the land and premises where such fire is to be set, and the contemplated time for setting said fire. The permit shall be good only on the date issued. No permits shall be issued on Sunday or Monday.

§ 173-7 Materials approved for burning.

Materials approved for burning are as follows: wood, brush, tree stumps, branches, hedge clippings, leaves, grass, clippings and fence lines used for agricultural purposes.

§ 173-8 Burning emitting foul odors prohibited.

No person shall burn garbage, animal carcasses, refuse, trash, rubbish or like materials giving off foul odors at any time.

§ 173-9 Domestic fires.

A "domestic fire" is any fire around the home, within the curtilage of the dwelling, where the material to be burned has been properly placed in a metal or masonry container. The container shall not be located fewer than 15 feet from any building or fewer than five feet from the adjoining property line. Materials may be burned outside of a container only under controlled conditions.

§ 173-10 Agricultural fires.

An "agricultural fire" is any fire in the process of preparing land for agricultural purposes, such as clearing of land, burning of fence lines, etc.

§ 173-11 Fees for permits.

Fees for burning permits shall be established by the Village Board by resolution at a regular Village Board meeting.

§ 173-12 Violations and penalties.

[Added 9-21-1982; amended 1-13-2015 by Ord. No. 333]
Any party found guilty of violating this chapter shall, upon conviction, be subject to the penalties set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.