[HISTORY: Adopted by the Village Council
of the Village of New Haven 10-12-2021 by Ord. No. 393[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 173, Burning,
Open, adopted 9-21-1982 by Ord. No. 186, as amended.
This chapter 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 Village of New Haven by
regulating the air pollution and fire hazards of outdoor burning.
A.Â
This chapter applies to all outdoor burning within the Village of
New Haven.
B.Â
This chapter does not apply to grilling or cooking food using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
C.Â
This chapter 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.
D.Â
This chapter does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
As used in this chapter, the following terms shall have the
meanings indicated:
A small outdoor fire intended for recreation or cooking but
not including a fire intended for disposal of waste wood or refuse.
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.
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.
The Chief of the Village of New Haven or other person designated
by the Fire Chief.
The Village of New Haven.
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. This includes burning in a burn barrel.
Open burning or burning in an outdoor wood furnace or patio
woodburning unit.
Also known as an outdoor wood-fired boiler, outdoor wood-burning
appliance, or hydronic heater, means a fuel-burning device that is
designed to burn clean wood or other approved solid fuels and is not
located within a building intended for habitation by humans or domestic
animals.
A chimnea, patio warmer, fire pit, or other portable wood-burning
device used for outdoor recreation and/or heating.
Any waste material except trees, logs, brush, stumps, leaves,
grass clippings, and other vegetative matter.
Open burning is prohibited in the Village of New Haven unless
the burning is specifically permitted by this chapter.
Open burning of refuse.
A.Â
Open burning of refuse from a residential, commercial or industrial
building is prohibited.
B.Â
Open burning of the following materials is prohibited.
(1)Â
Construction and demolition waste.
(2)Â
Hazardous substances including but not limited to batteries, household
chemicals, pesticides, used oil, gasoline, paints, varnishes, and
solvents.
(3)Â
Furniture and appliances.
(4)Â
Tires.
(5)Â
Any plastic materials including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic foam.
(6)Â
Treated or painted wood including but not limited to plywood, composite
wood products or other wood products that are painted, varnished or
treated with preservatives.
Burning trees, logs, brush, stumps, leaves, and grass clippings.
A.Â
Open burning of trees and logs with a larger diameter than five inches
is prohibited.
B.Â
Except for barbecue, gas, and charcoal grills, no open burning shall
be undertaken during periods when the Governor of Michigan, County
Executive, or New Haven Fire Chief has issued a burning ban applicable
to the area.
(1)Â
All allowed open burning shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions minimize adverse effects
and do not create a health hazard or a visibility hazard. Open burning
shall be conducted in conformance with all local and state fire protection
regulations.
(2)Â
Campfires and small bonfires for cooking, ceremonies, or recreation
are allowed provided they do not cause a nuisance. Campfires are restricted
to less than four feet by four feet in diameter.
(3)Â
Open burning under this section shall only be conducted at a location
at least 15 feet from the nearest building which is not on the same
property.
(4)Â
Except for campfires, open burning shall only be conducted between
the hours of 10:00 a.m. and 6:00 p.m.
(5)Â
Open burning shall be constantly attended and supervised by a competent
person of at least 18 years of age (or use another appropriate age)
until the fire is extinguished and is cold. The person shall have
readily available for use such fire extinguishing equipment as may
be necessary for the total control of the fire.
(6)Â
No materials may be burned upon any street, curb, gutter or sidewalk.
(7)Â
Except for barbecue, gas, and charcoal grills, no burning shall be
undertaken within 15 feet from any combustible material, combustible
wall or partition, exterior window opening, exit access or exit unless
authorized by the Fire Chief.
(8)Â
No open burning may be conducted on days when the Department of Environmental
Quality has declared an "air quality action day" applicable to the
Village of New Haven and/or the County of Macomb.
Should any portion of this chapter be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected.
The Fire Chief and any of the Chief's designees, authorized
officer, agent or representative of the Village of New Haven with
credentials are authorized to enforce the provisions of this chapter
and may inspect any property for the purpose of ascertaining compliance
with the provisions of this chapter.
A.Â
The Fire Chief and any designees shall have the right to extinguish
any fire not conducted, attended, supervised, or otherwise allowed
to burn in accordance with this chapter.
B.Â
Any person, legal entity, or governmental entity who violates any
of the provisions of this chapter or fails to comply with an authorized
order issued pursuant to this chapter shall be deemed to be responsible
for a municipal civil infraction as defined by Michigan Statute, and
may be punishable by civil fine determined by Village ordinance. The
Village of New Haven reserves the right to file in a court of local
jurisdiction to compel compliance with this chapter. Each day that
a violation of this chapter exists shall constitute a separate violation
of this chapter.
A.Â
This chapter shall take full force and effect on the date of publication.
B.Â
Any ordinance or part of any ordinance in conflict with this chapter
is repealed to the extent of the conflict.
C.Â
Effective date. This chapter shall not take effect before the 20th
day after its passage or before the date of its publication, whichever
occurs first, pursuant to MCL § 66.1.