Demo 4

Code of Ordinance

1. (a) The fire chief of the village, or a firefighter in uniform acting under the orders and direction of the fire chief, upon complaint of a person having an interest in a building or premises or property adjacent to a building or premises, or at the fire chief's own instance without a complaint, may, at any hour reasonable under the circumstances involved, enter into and upon a building on the premises within the village for the purpose of inspection and examination of the building or premises, together with their occupancies and contents, for the discovery of an existence of a fire hazard.
2. (b) When the fire chief or his authorized firefighter finds a building or premises, either public or private, which for want of repairs or lack of or insufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, defective electrical wiring or electrical equipment, defective chimneys, defective gas connections, defective heating apparatus, or accumulation of rubbish, waste materials or flammable substances or decorations, or from any other condition, or for any other reason, may cause an otherwise preventable fire or explosion or endanger other property or premises or be dangerous to the public peace, security or safety, the fire chief shall order the condition remedied.
3. (c) Every order made by the fire chief shall be promptly obeyed and complied with.
4. (d) Failure to remedy the conditions which result in an order from the fire chief shall be deemed to be a nuisance per se, and legal proceedings to enforce the order of the fire chief may be brought in any court of competent jurisdiction in the name of the village. Such action shall be taken only as authorized by the village council. (Ord. No. 115, §§ 1—4, 6-28-1995) State Law reference— Similar provisions, MCL 29.8, MSA 4.559(8). Secs. 34-2—34-30. - Reserved. [2]

Footnotes:

--- (2) --- Editor's note— Entire article revised on November 21, 2006 (Ordinance No. 146). Cross reference— Burying or burning garbage, § 54-124.

This ordinance 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 Mayville ("Village") due to the air pollution and fire hazards of open burning, outdoor burning and refuse burning.

This ordinance applies to all outdoor burning and refuse burning within the Village, except for the following:

1. (a) Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
2. (b) Burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in Section 34-33 of this ordinance.
3. (c) Use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

For the purpose of this ordinance, the following words, terms and phrases, shall have the meanings ascribed to them in this section: Campfire. Any small outdoor fire intended for recreation or cooking 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. Cord. A unit of quantity for firewood, equal to 128 cubic feet in a stack measuring four feet by four feet by eight feet. Firewood. Split wood or unsplit wood logs cut into lengths not exceeding four feet (4') for the purpose of burning in accordance with this ordinance. Fire Chief. The Chief of the Mayville Fire Department or other person(s) authorized by the Fire Chief. 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. Outdoor Burning. Open burning or burning in an outdoor furnace. Outdoor Furnace. Any furnace, boiler, stove, equipment, device, appliance, structure or apparatus, or any part thereof, which:

1. (a) Is not installed, affixed or situated within a building intended for habitation by humans or domestic animals
2. (b) Exists for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.
3. (c) Operates by burning wood or any other solid fuel, including but not limited to coal, paper pellets, and agricultural products. Person. Any natural person, firm, association, partnership, limited liability corporation or corporation. Refuse. Any waste material except clean wood.

No person shall utilize, maintain or otherwise permit open burning, outdoor burning and refuse burning on premises owned, leased, or occupied by him/her in the Village of Mayville unless the burning is specifically permitted by this ordinance.

The following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device:

1. (a) Rubbish or garbage including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.
2. (b) Waste oil or other oily wastes.
3. (c) Asphalt and products containing asphalt.
4. (d) 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.
5. (e) Any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
6. (f) Rubber including tires and synthetic rubber-like products.
7. (g) Newspaper, corrugated cardboard, container board, office paper and other recyclable materials.

It shall be unlawful for any person to burn leaves, weeds, brush, stumps, trees, other vegetative debris and refuse; except that the department of public works may burn trees, brush and other debris upon first obtaining the written permission of the Fire Chief. Open burning of clean wood is lawful only in accordance with the following provisions:

1. (a) All allowed open burning shall be conducted in a safe nuisance free manner, when wind and weather conditions are such as to minimize adverse effects and not create a health hazard or a visibility hazard on roadways or railroads. Open burning shall be conducted in conformance with all local and state fire protection regulations.
2. (b) Except for barbecue, gas and charcoal grills, no open burning shall be undertaken during periods when either the Fire Chief or the Michigan Department of Natural Resources has issued a burning ban applicable to the area.
3. (c) No more than one (1) outdoor campfire for cooking, ceremonies or recreation is allowed per parcel in the Residential A or B zoning district, and only in accordance with the following provisions: (1) The fire must be built in the rear yard of the residence. (2) The fire must be built in a commercially manufactured fire pit or on bare ground and may not exceed a diameter of three (3) feet and height of three (3) feet. (3) Only clean wood of no greater length than 16 inches may be burned. (4) No refuse may be stored in any outdoor fire pit, whether lit or unlit.
4. (d) Open burning shall be constantly attended and supervised by a competent person of such age, readily available fire extinguishing means and discretion as may be necessary for the total control of said fire until the fire is extinguished and is cold.
5. (e) Except for barbecue, gas and charcoal grills, no burning shall be undertaken within 12 feet from any property line, combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.

An outdoor wood-fired furnace may be installed and used in the Village only in accordance with the following provisions:

1. (a) No more than one (1) outdoor furnace may be installed and used in the rear yard of a parcel in any zoning district, except for Business A.
2. (b) The outdoor furnace shall be installed and used only in parcels of sufficient size to meet the distance requirements of this ordinance.
3. (c) The outdoor furnace shall not be used to burn any of the prohibited materials listed in Section 34- 35 of this ordinance.
4. (d) The outdoor furnace shall be located at least 15 feet from the nearest property line and at least 40 feet from the nearest habitable building which is not on the same property as the outdoor furnace.
5. (e) The outdoor furnace shall have an insulated chimney that extends at least as high as the manufacturer's recommendation. If there are any other residences not served by the outdoor furnace within 250 feet, the insulated chimney shall also extend at least two (2) feet higher above the ground surface as the height of the roofs of all such residences. If such chimney height exceeds manufacturer's specifications, then the outdoor furnace shall not be permitted. Said chimney shall also have a spark arrestor installed on top and must be constantly maintained in good repair to the requirements of this ordinance, without rust or other blighted condition.
6. (f) Outdoor furnaces which are designed to heat structures ten percent (10%) greater than the size of the structure(s) to be heated are not permitted.
7. (g) The outdoor furnace shall meet all emission standards required by federal and state regulations.
8. (h) No person shall install or use an outdoor furnace without first providing the Zoning Administrator of the Village of Mayville with detailed plans, which shall include a drawing, to scale, identifying the proposed location of the outdoor furnace in proximity to boundary lines and associated structures, height of stack, manufacturer's specifications and all other information necessary to assure compliance with this ordinance, and obtaining a zoning permit from the Zoning Administrator approving said plan.
9. (i) A grain bin, hopper or other container for storing wood or other solid fuel shall only be permitted outdoors in accordance with the following specifications:
   1. (1) The container must be of commercially manufactured construction.
   2. (2) The container must not exceed one ton in capacity.
   3. (3) The container must be permanently installed and anchored to footings at a depth below the frost level of forty-two inches (42") from finish grade to the bottom of the footing or to a floating slab-on-grade.

No person shall keep, store, or permit the keeping or storage of firewood on premises owned, leased, or occupied by him/her unless such firewood is kept or stored for use on the premises and in conformance with the following:

1. (a) No more than one (1) cord of firewood shall be kept or stored outdoors at any time.
2. (b) Firewood shall not be kept or stored in the front yard of a parcel.
3. (c) Firewood shall only be kept or stored in a straight, orderly, neat and secure stack, which shall be raised a minimum of six (6) inches from grade and is not stacked more than six (6) feet high.
4. (d) Unless screened by a solid fence or wall, provided that it is stacked no higher than the solid fence or wall, firewood stacks shall be no closer than five (5) feet to the nearest property line.
5. (e) Firewood shall not be permitted to become infested with rats, rodents or other vermin.
6. (f) All brush, debris and refuse from processing of firewood shall be promptly removed from the premises.

A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire. This ordinance shall not be a defense to any civil claims.

The Fire Chief or any authorized officer, agent, employee or representative of the Village of Mayville who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance.

Every person who shall violate any of the provisions of this chapter shall be responsible for a municipal civil infraction, which shall be processed in accordance with sections 1-15 through 1-21 of this Code and the penalties for which are prescribed therein. Each day this ordinance is violated shall be considered as a separate violation. In addition to the foregoing fines, the Court may assess as costs, the damages and expenses incurred by the Village in enforcement of this ordinance against the violator, including the costs of prosecution. The assessment and collection of these fines and costs shall be in accordance with MCLA 600.8701 et seq. In addition to any remedies available at law, the Village may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of the Ordinance. The penalty or sanction shall be in addition to the abatement of the violating condition, any injunctive relief, revocation of any permit or license, or other process.

The various parts, sections, and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby.

Any ordinances in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. [1]

Footnotes:

--- (1) --- Cross reference— Animals, ch. 14; proclamation of danger of rabies, § 14-35; buildings and building regulations, ch. 18; environment, ch. 30; solid waste, ch. 54; utilities, ch. 70. State Law reference— Village council, general powers, MCL 67.1, MSA 5.1285. Secs. 38-1—38-30. - Reserved.

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