Cascade Charter Township, MI
Kent County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Board of the Charter Township of Cascade 8-22-2007 by Ord. No. 5-2007. Amendments noted where applicable.]
GENERAL REFERENCES
False fire alarms — See Ch. 92, Art. I.
129a Attach A Map
The open outdoor burning of leaves, grass, and wood creates hazardous by-products that can irritate eyes and lungs, obscure visibility, soil nearby surfaces, create odors, increase fire hazards and risks, and pose other health threats. Open burning can also substantially increase the discomfort of people who suffer from asthma, chronic bronchitis, and other respiratory ailments. This chapter is intended to reduce the negative impacts of open burning of leaves, yard clippings, and other landscape debris throughout the Township, but particularly within that portion of the Township which is most densely populated.
As used in this chapter, the following terms shall have the meanings indicated:
APPROVED FIRE PIT OR RING
A pit or ring that is no larger than three feet by three feet in diameter and constructed of noncombustible material.
OPEN BURNING
The outdoor burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.
RECREATIONAL FIRE
An outdoor fire or the burning of material other than rubbish, leaves, and yard clippings where the fire being burned is contained in an approved fire pit or ring.
RESTRICTED AREA
That portion of Cascade Charter Township generally located north of Interstate 96 and west of Buttrick Avenue, as delineated on the Township map contained in Attachment A of this chapter.[1]
YARD CLIPPINGS
Includes leaves, grass clippings, weeds, vegetable, or other garden debris, but does not include shrubbery, brush, tree branches, or tree trimmings.
[1]:
Editor's Note: Attachment A is included as the end of this chapter.
The following regulations shall control the burning of yard clippings, shrubbery, brush, tree branches, and tree trimmings (less than six inches in diameter) on all properties in Cascade Charter Township. The following provisions do not prohibit recreational fires in Cascade Charter Township.
A. 
Limitations on open burning in the restricted area.
(1) 
Open burning of leaves and yard clippings is hereby prohibited within the restricted area.
(2) 
Open burning of shrubbery, brush, tree branches, and tree trimmings (less than six inches in diameter) may be permitted on the second and fourth Saturdays of each calendar month during the time period spanning from December 1 through August 31 of each calendar year, provided that all of the following conditions are satisfied:
(a) 
A written burning permit is obtained from the Cascade Charter Township Fire Department;
(b) 
The property owner (or his/her agent) assures the Fire Department that the proposed fire is on their residential property and will remain on their premises, with constant supervision and control during the duration of the open burning event;
(c) 
The open burning event takes place between the hours of 8:00 a.m. and 6:00 p.m.;
(d) 
No open burning event shall occur within 25 feet of an existing building or any paved portion of a public right-of-way; and
(e) 
The fire will be of a short duration. For the purposes of this chapter, "a short duration" shall be constructed to be no more than five hours.
(3) 
In no event shall any person burn any garbage, plastic, Styrofoam, skid, chemically treated lumber, synthetic material or other hazardous materials, nor shall any rubber or rubber-based material (such as, but not limited to, rubber tires) be burned in the Township regardless of the method being used to burn.
B. 
Limitation on open burning in portions of the Township not within the restricted area.
(1) 
Open burning of yard clippings, leaves, shrubbery, brush, tree branches, and tree trimmings (less than six inches in diameter) may occur with a Cascade Charter Township Fire Department burning permit on properties not within the restricted area, subject to the following conditions:
(a) 
A written burning permit is obtained from the Cascade Charter Township Fire Department;
(b) 
The open burning event takes place during the hours of 8:00 a.m. and 6:00 p.m.;
(c) 
The fire will be of a short duration. For the purposes of this chapter, "a short duration" shall be construed to be no more than five hours;
(d) 
The property owner (or his/her agent) assures the Fire Department that the proposed fire is on their residential property and will remain on their premises, with constant supervision and control, during the duration of the open burning event; and
(e) 
No open burning event shall occur within 25 feet of an existing building or any paved portion of a public right-of-way.
(2) 
No burning event shall occur on any Sunday during the months of September through November.
(3) 
In no event shall any person burn any garbage, plastic, Styrofoam, skid, chemically treated lumber, synthetic material or other hazardous materials, nor shall any rubber or rubber-based material (such as, but not limited to, rubber tires) be burned in the Township regardless of the method being use to burn.
Recreational fires are allowed in both the restricted and nonrestricted areas of the Township subject to the following conditions and requirements:
A. 
No recreational fire shall exceed a size of three feet by three feet on the ground.
B. 
No yard clippings or leaves shall be burned in any recreational fire.
C. 
To reduce unnecessary fire calls, it is recommended that the property owner call the Fire Department prior to starting any recreational fire.
D. 
Recreational fires must be contained within an approved fire pit or ring or in an outdoor fireplace. If that does not occur, the property owner must obtain a written burning permit from the Fire Department prior to the creation of a recreational fire.
A. 
No burning of any type of construction materials shall occur.
B. 
If land is being cleared for a housing development or the construction of a house, the burning of trees or timber, which is cut down from on site, is allowed, provided that the Fire Department inspects and approves all tree or timber piles to be burned prior to burning occurring.
A. 
The property owner (or his/her agent) must personally supervise any and all fires which occur on the property owner's land. Anyone supervising a fire must be at least 18 years of age or older.
B. 
The property owner (or his/her agent) must be present outdoors on the property at the fire at all times when smoke or flames are present.
C. 
No smoke is allowed to occur after the burning time period has expired.
D. 
No accelerants can be utilized to start a fire. Such prohibited accelerants include, but are not limited to, gasoline, diesel fuel, or any other type of flammable fluid.
E. 
The size of a fire cannot exceed 10 feet by 10 feet on the ground.
Burning permits pursuant to this chapter shall be issued by the Cascade Charter Township Fire Department. The Fire Department may impose reasonable conditions on the issuance of a burning permit, including, but not limited to, limitations in the size, duration, time of day, location, and manner of burning.
A burning permit may be revoked by the Fire Department after issuance if the open burning event would likely be unsafe due to the particular circumstances or requests, including, but not limited to, unfavorable weather conditions.
In the event of a natural disaster which causes extensive damage to shrubs, bushes, and trees, the limitations on open burning of shrubbery, brush, tree branches, and tree trimmings in this chapter may be waived by the Fire Chief (or his/her designated representative), upon consulting with the Township Manager prior to the waiver.
In the event of conflict between any provisions of this chapter and those of any other ordinance of the Township, the provisions hereof shall be controlling.
The following are exempt from the rules of this chapter prohibiting open burning:
A. 
Township parks in which fires are permitted by the rules governing said parks; and
B. 
Fires authorized for the training of firefighters or other controlled burnings approved by the Fire Chief.
Any person found responsible for a violation of a municipal civil infraction offense pursuant to this chapter shall have their burning privileges suspended for 60 days for any and all properties which they own within Cascade Charter Township, unless the Fire Chief waives all or part of that suspension for good cause shown.
Any person who violates any provision of this chapter shall be responsible for a municipal civil infraction, subject to the penalties in Chapter 40, Article IV, Penalties for Misdemeanors and Municipal Civil Infractions.[2]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]:
Editor's Note: Original Sec. 97.0013, Enforcement, which previously followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).