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Village of New Haven, MI
Macomb County
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Table of Contents
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New Laws (1) Index
[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Editor's Note: This ordinance superseded former Ch. 173, Burning, Open, adopted 9-21-1982 by Ord.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. 
This chapter applies to all outdoor burning within the Village of New Haven.
B. 
This chapter does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
C. 
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. 
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:
CAMPFIRE
A small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.
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.
FIRE CHIEF
The Chief of the Village of New Haven or other person designated by the Fire Chief.
MUNICIPALITY
The Village of New Haven.
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. This includes burning in a burn barrel.
OUTDOOR BURNING
Open burning or burning in an outdoor wood furnace or patio woodburning unit.
OUTDOOR WOOD FURNACE
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.
PATIO WOOD-BURNING UNIT
A chimnea, patio warmer, fire pit, or other portable wood-burning device used for outdoor recreation and/or heating.
REFUSE
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. 
Open burning of refuse from a residential, commercial or industrial building is prohibited.
B. 
Open burning of the following materials is prohibited.
(1) 
Construction and demolition waste.
(2) 
Hazardous substances including but not limited to batteries, household chemicals, pesticides, used oil, gasoline, paints, varnishes, and solvents.
(3) 
Furniture and appliances.
(4) 
Tires.
(5) 
Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic foam.
(6) 
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. 
Open burning of trees and logs with a larger diameter than five inches is prohibited.
B. 
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) 
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) 
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) 
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) 
Except for campfires, open burning shall only be conducted between the hours of 10:00 a.m. and 6:00 p.m.
(5) 
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) 
No materials may be burned upon any street, curb, gutter or sidewalk.
(7) 
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) 
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. 
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. 
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. 
This chapter shall take full force and effect on the date of publication.
B. 
Any ordinance or part of any ordinance in conflict with this chapter is repealed to the extent of the conflict.
C. 
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.