Village of Bellevue, MI Chapter 26 Burning, Open

[HISTORY: Adopted by the Village Council of the Village of Bellevue 7-2-2001 by Ord. No. 99. Amendments noted where applicable.]

GENERAL REFERENCES

Municipal civil infraction — See Ch. 1, Art. III.

§ 26-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ASHES/SOOT

Any by-products and residue from fire.

BELLEVUE FIRE DEPARTMENT APPROVAL

A written permit or approval from the Fire Chief, Assistant Chief, or a designee thereof.

[1]

GARBAGE

Any putrescible animal or vegetable waste resulting from handling, preparation, cooking and consumption of food.

REFUSE

Any combustible trash, including but not limited to paper, cartons, boxes, plastics, furniture, bedding and noncombustible trash, including but not limited to metal, tin cans and glass.

YARD WASTE

Regular wastes produced from landscaping and gardening activities, including, but not limited to, leaves, grass clippings, vegetable or other garden debris, shrubbery or brush or tree clippings, or similar materials.

[2]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 26-2 Certain types of burning prohibited.

It shall be unlawful for any person or persons to burn, cause to burn, assist in burning, or permit, continue or permit continuance of the burning of any combustible material within the Village limits of the Village of Bellevue except as prescribed herein.

A. Open burning. No open burning other than recreational fires referred to in § 26-3 of this chapter shall be allowed without Bellevue Fire Deparmtne approval. If allowed, all burning shall be carried out in accordance with Fire Department instructions and any other applicable rules that may be adopted by the Village of Bellevue. [1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Refuse. It shall be unlawful to burn any refuse inside or outside any building at any time in the Village of Bellevue.

C. Garbage. It shall be unlawful to burn garbage inside or outside any building at any time in the Village of Bellevue.

D. Yard waste. No person shall cause or permit open burning of yard waste to occur upon any privately owned premises or public place.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Windblown refuse. It shall be unlawful to deposit or leave any refuse or material in such a place or condition that it would be blown by the wind so as to be scattered; and it shall be unlawful to permit the escape of soot, ashes or other solid materials or refuse so as to be windblown or scattered.[3]

[3] Editor's Note: See Ch. 80, Littering.

F. Streets, alleys, highways, curbs, and sidewalks. No material of any kind shall be burned or attempted to be burned in any street, alley, highway, or between any curb and the sidewalk adjacent thereto within the Village of Bellevue.

§ 26-3 Certain types of burning permitted.

A. Cooking fires. Fires are permitted for the cooking and smoking of food, provided that such fires are confined to a barbecue grill, barbecue pit, smokehouse or other enclosure, and provided further that the emission of smoke and fumes does not irritate, annoy, or constitute a nuisance to others living in the neighborhood.

B. Recreational fires. Recreational fires on private property are permitted and do not need Bellevue Fire Department approval when in a pit or pile which does not exceed five feet in diameter, provided that the following conditions are met:

(1) Fires are attended until extinguished and ashes are cold.

(2) Only clean wood products or commercially produced fuel products are burned.

(3) The fire does not endanger buildings or structures.

(4) Atmospheric conditions are favorable.

(5) No smoke or fumes are emitted which constitute a hazard to others living in the neighborhood.

C. Bonfires. Public or private bonfires in which the material would exceed five feet in any diameter measurement require Bellevue Fire Department approval. Bellevue Fire Department approval may be granted at the sole discretion of the Fire Department based upon: [1]

(1) The proximity of the proposed fire to dwellings, trees and other structures.

(2) Facilities available for fire management.

(3) Atmospheric conditions.

(4) Type of material to be burned.

(5) Any other consideration judged by the Fire Department to be required to ensure safe burning.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. Contractor-generated fires. Fires for the heating of outdoor building sites are permitted, provided that such fires are confined to so called "salamander" heaters or similar devices. Outdoor fires are permitted when necessary to pursue a business or trade requiring the use of fire, including but not limited to the heating or boiling of tar, pitch, oil, or other substances when used by roofers and other tradesmen.

E. Commercial incinerators. Commercial and industrial-type incinerators used for burning of combustible solid waste material (nongarbage) are permitted, provided that the emission of smoke and fumes does not irritate, annoy or constitute a nuisance to others living in the neighborhood. Furthermore, the operation of such incinerator shall meet all emission limits as set forth by state and federal regulations. State of Michigan permits are required before and during the operations of such incinerators.

§ 26-4 Exceptions and special circumstances.

A. Exceptions. Open fires are permitted in the performance of an official duty by a public officer for fires necessary for one or more of the following reasons or purposes:

(1) For the prevention of a fire hazard, which cannot be abated by other means.

(2) For the instruction of public fire fighters or industrial or commercial employees under proper supervision of a qualified instructor.

(3) For the protection of the public health.

(4) For controlled disposal of refuse and debris as collected by or on behalf of the Village at a site owned or operated by the Village.

B. Special circumstances. In the sole discretion of the Bellevue Fire Department, when there exist circumstances under which there is no other reasonable means of disposing of items which need to be disposed of, and which are not addressed herein then the Bellevue Fire Department may issue a permit to burn.

§ 26-5 Remedies and liability for cost recovery.

A. Costs. All costs incurred by the Village for enforcement of this chapter will be the responsibility of the party in violation of this chapter.

B. Civil remedies. The Village may pursue any other remedy or institute any appropriate action for proceedings in a court with competent jurisdiction or before any administrative agency to collect costs for liability imposed for violation of this chapter.

§ 26-6 Penalty. [1]

A violation of this chapter is a municipal civil infraction. The penalty for a violation that is a municipal civil infraction shall be a civil fine in an amount set by resolution of the Village Council from time to time.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 26-7 Pending prosecutions.

A prosecution which is pending on the effective date of this chapter and which arose from violation of an ordinance repealed by this chapter, or prosecution which is started within one year after the effective date of this chapter arising from a violation of an ordinance repealed by ordinance and which was committed prior to the effective date of this chapter, shall be tried and determined exactly as if the ordinance had not been repealed.