§ 91.01. CONTROL OF OPENING BURNING.

(A) Title. This section shall be referred to as the Opening Burning Ordinance and shall apply to all property within the Village of Pinckney.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.

OPENING BURNING. A fire from which the products of combustion are emitted directly into the open air without passing through a stack or chimney, including the burning of a bonfire, rubbish fire, yard waste (including leaves, brush, tree trimmings and grass) or other fire in an outdoor location where fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit.

RECREATIONAL FIRE. The burning of materials other than rubbish, garbage, waste paper, leaves, brush, grass or debris from construction or demolition, where fuel being burned is not contained in an incinerator, outdoor fireplace or barbecue grill and the total fuel area is of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height and is within a fireproof ring or pit and provided the fire is used for pleasure, religious, ceremonial, cooking or similar purposes.

(C) Prohibited burning.

(1) It shall be a violation of this section for any person to burn or permit the burning within the village of any garbage, food containers, rubbish or other waste material, including by way of description, but not by way of limitation, any leaves, brush, tree trimmings and grass, magazines, boxes, paper, straw, saw dust, paper packing materials, wood shavings, wood chips or any other wood products; except as may be permitted under divisions (D) and (E) below.

(2) No person shall conduct a salvage operation by open burning.

(D) Permit. Open burning may be done under permits as follows:

(1) Open burning may be conducted upon obtaining a written permit from the Police Chief or his or her designee for occasional special events, such as high school rallies, block parties, yule logs and religious gatherings and for the burning of yard waste when burned at a location and under the conditions authorized under this section.

(2) A request is made to the Police Chief or his or her designee for the open burning permit by the party that will be responsible for meeting all conditions and requirements of the permit.

(3) No permit shall be issued unless the issuing officer is satisfied that:

(a) There is no practical available alternative method for disposal of the material to be burned; and

(b) No hazardous condition will be operated by the burning.

(4) Any permit issued may be limited by the imposition of conditions to:

(a) Prevent or limit the creation of smoke; and/or

(b) Protect property and the health, safety and comfort of persons from the effects of open burning.

(5) No permit shall be issued for:

(a) The open burning of building demolition or excess construction materials;

(b) The open burning of refuse from a multiple dwelling;

(c) The open burning of refuse at commercial or industrial sites;

(d) The open burning of yard waste, such as leaves, brush, tree trimmings and grass, within 300 feet of a residential dwelling; and

(e) Open burning at the same property address more often than once per week.

(6) Any permit issued under this section may be revoked or canceled by the Police Chief or his or her designee.

(E) Exceptions to section. Provided there is compliance with the provisions of the Uniform Fire Code, as duly adopted by the county, this section shall not apply to:

(1) The preparation of food in conventional charcoal, wood or gas grills specifically designed for that purpose;

(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 for the purpose of boiling tar, pitch or oil used in the course of an appropriate business or trade and while being used in a safe and sanitary manner;

(4) Fires set for Fire Department training purposes or similar Fire Department activities; and

(5) RECREATIONAL FIRES, as defined in division (B) above.

(F) Evidence of violation. It shall be prima facie evidence that a person who owns or controls property on which open burning occurs has caused or permitted the open burning.

(Ord. 70, passed 1-23-2006) Penalty, see § 91.99