[HISTORY: Adopted by the Township Board of the Charter Township
of Cascade 8-22-2007 by Ord. No. 5-2007. Amendments noted where applicable.]
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:
A pit or ring that is no larger than three feet by three
feet in diameter and constructed of noncombustible material.
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.
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.
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]
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:
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.
