City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 465, passed 10-28-1991]
As used in this chapter:
(a) 
COMBUSTIBLE WASTE MATTER — Means magazines, books, trimming from trees, pasteboard boxes, paper, sawdust, paper packing material, wood shavings, or boxes that are rapid burning and would not smolder.
(b) 
FLAMMABLE MATERIAL — Means any material that will readily ignite from common sources of heat or any material that will ignite at a temperature of 600° F. or less.
(c) 
INCINERATOR — Means an industrial or commercial structure or portion thereof, container, device or other appliance designed, used or intended to be used for the disposal of combustible waste material, flammable material or rubbish by burning.
(d) 
OPEN FIRE — Means a fire made from any combustible waste material, flammable material or rubbish, which fire is kindled and maintained in whole or in part in the open air.
(e) 
RECREATIONAL FIRE — Means a noncommercial burning of materials other than rubbish for pleasure, religious, ceremonial, cooking, or similar purposes, in which the fuel burned is not contained in an incinerator, a barbecue grill, or a barbecue pit, and the total fuel area does not exceed three feet in diameter and two feet in height.
[Amended 6-24-2019 by Ord. No. 821]
(f) 
REFUSE — As used herein shall be all manner of same including, but not limited to, ashes, rags, discarded clothing, discarded furniture, discarded appliances, tin cans, tin ware, bottles, broken glass, waste paper, motor vehicles or automobiles or trucks which are unlicensed and which are in an inoperable condition, or motor vehicles which although licensed are abandoned, or motor vehicles which although licensed are dismantled, partly dismantled and/or in an inoperable condition and which remain in a dismantled, partly dismantled and/or in an inoperable condition for 90 days or more. The word "refuse" shall further include all types of automotive or motor vehicle parts or components for which no storage in a building is provided. The words refuse, trash, rubbish and debris shall be considered synonymous terms for the purposes of this chapter.
[Ord. No. 465, passed 10-28-1991]
Except as permitted in subsection (c) hereof, no person shall:
(a) 
Public property. Kindle or maintain any open fire or authorize any such open fire to be kindled or maintained on or in any public street, alley, road or other public place.
(b) 
Private property. Kindle or maintain any open fire or authorize any such open fire to be kindled or maintained on any private property. During construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity thereof.
(c) 
Exceptions. Subsections (a) and (b) hereof shall not apply to:
(1) 
The burning of wood, charcoal, coke or other accepted fuel for the preparation of food in any form, in an approved container or utensil manufactured for food preparation, while being used in a safe and sanitary manner;
(2) 
The use of approved gaseous or liquid-fired salamanders commonly employed in conjunction with building and construction operations, when used in accordance with accepted safety standards;
(3) 
Roofers, tinners, plumbers or other mechanics pursuing a business requiring the use of fire, or fires for the purpose of boiling tar, pitch or oil used in the regular course of an appropriate business or trade, while being used in a safe and sanitary manner and conforming to all other applicable codes;
(4) 
Open burning that is specifically permitted in writing, by the Fire Chief for Fire Department and civil defense purposes, after a determination by the Fire Chief that such open burning will occur under the following circumstances:
A. 
The area is adequately protected by fire fighters or Fire Department trainees.
B. 
The fire will be of short duration.
C. 
The atmosphere is relatively free of pollutants.
(5) 
Fires deemed necessary in times of disaster or emergency pursuant to the Fire Chief's emergency order;
(6) 
Recreational fires pursuant to § 1620.05; and
[Amended 6-24-2019 by Ord. No. 821]
(7) 
Burning of combustible waste matter as permitted under § 1620.06.
[Ord. No. 465, passed 10-28-1991]
(a) 
The burning of leaves in the City is hereby prohibited, except as follows:
(1) 
During an emergency, the City Manager may request the City Council to authorize the burning of leaves.
(2) 
The City Council may establish a specific time period for the burning of leaves. Notice of the time period and hours shall be published in a newspaper of general circulation in the City and shall be posted in the City Hall.
(b) 
The following conditions, requirements and safeguards shall apply to the burning of leaves:
(1) 
Such burning is permitted on private property only with the consent of the owner or person in charge of the property.
(2) 
The burning of leaves is permitted on public rights of way, except upon sidewalks, roadway traffic lanes, parking areas, paved areas, streets or curbs and gutters.
(3) 
No person shall burn leaves or authorize such burning on any private or public property, unless the location of the burning is more than 50 feet from any structure and adequate provisions are made to prevent the fire from spreading to within 50 feet of any structure.
(4) 
A fire resulting from the burning of leaves shall be constantly attended by a competent adult of 18 years or older until such fire is extinguished. Such person shall have a garden hose connected to a water supply or other fire extinguishing equipment readily available for use.
(5) 
The burning of leaves is hereby prohibited when atmospheric conditions make such fire hazardous or when the wind velocity is more that 10 miles per hour as established by the National Weather Service.
[Ord. No. 465, passed 10-28-1991]
No person shall install, alter, operate or construct a commercial or industrial incinerator or any other refuse burning equipment for commercial or industrial use (or allow the same to be done), without first obtaining a permit therefor from the Department of Natural Resources, Air Quality Division.
[Ord. No. 506, passed 8-14-1995; amended 6-24-2019 by Ord. No. 821]
Recreational fires shall be permitted in accordance with 10.10.3 of the NFPA 1 as adopted by Chapter 1610 of these Codified Ordinances. Recreational fires shall include, without limitation, "campfires" and "bonfires." The fuel for a campfire shall be of a natural wood or charcoal. All other materials, including construction materials, shall be prohibited. A campfire shall be deemed to be in an approved container if it is kindled in a fireproof container or in or on the ground in such a fashion as to prevent the spread of such fire. The use of flammable or combustible liquids shall be prohibited. All recreational fires must be attended by a competent person until such fire is extinguished, and such person shall have a garden hose connected to the water supply or other fire-extinguishing equipment readily available for use until such fire is extinguished.
[Ord. No. 506, passed 8-14-1995]
The burning of combustible waste matter shall be prohibited in all Residential Districts of the City.
[Ord. No. 500, passed 12-12-1994]
The Director of Police and Fire Services and his or her designated representative are hereby designated as the authorized City official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.
[Ord. No. 500, passed 12-12-1994]
(a) 
A person who violates any provision of this chapter is responsible for a municipal civil infraction and shall be subject to the payment of a civil fine of not less than $50, plus costs and other sanctions, for each infraction. A second offense, within a period of 90 days, shall be subject to a civil fine of not less than $100, plus costs and other sanctions, for each infraction. Third and subsequent offenses, within 90 days, shall be subject to a civil fine of $250, plus costs and other sanctions, for each infraction.
In addition, the person who violates any provision of this chapter shall be subject to the costs set forth in subsections (b), (c) and (d) hereof.
(b) 
In addition to or in lieu of the penalty provided in subsection (a) hereof, the offender shall reimburse the City for the reasonable costs of control, investigation and/or suppression of illegal fires.
(c) 
The imposition of one penalty for a violation of or noncompliance with any of the provisions of this chapter shall not excuse the violation or noncompliance or permit it to continue, and whoever so violates or fails to comply is required to correct or remedy the violation or noncompliance within a reasonable time. When not otherwise specified, a separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(d) 
The Director of Police and Fire Services may collect a fee, based on costs incurred by the City, when the Fire Department is called upon to investigate or extinguish a fire which has been kindled or maintained in violation of this chapter. The fee shall be charged to the occupants of the premises where the violation occurs. The fee shall be not less than $25, except that if a similar violation occurs on the same premises within any ninety-day period, the minimum fee to be charged for a second and any succeeding violation shall be $50. Charges for Fire Department services under this subsection, which remain unpaid for a period of 30 days or more, may be placed as a lien on the premises where the violation occurred, provided, however, that no lien shall be placed on the premises until the owner has been served with a notice to show cause before the City Council as to why a lien should not be placed on the premises. Following a show cause hearing, the City Council may waive a lien if it appears that the owner of the premises has cooperated with the City in the collection of Fire Department fees.