SERIES 9000 - SAFETY REGULATIONS
An ordinance to regulate open fires and burning within the limits of the Village of Lake Linden and to provide penalties for violations thereof.
Chapter 9027 – Fires: Open Fires and Burning
AN AMENDMENT TO THE OPEN FIRES ORDINANCE CHAPTER 9027.
The Village of Lake Linden ordains:
SHORT TITLE. This ordinance shall thence be known as the “Burning and Open Fires Ordinance”.
PURPOSE. This ordinance is revised to preserve and protect the public health, safety and general welfare of the residents of the Village of Lake Linden by prohibiting certain burnings within the Village limits.
SECTION 1: DEFINITIONS
A. Ashes/Soot – By-products and residue of a fire.
B. Approval – Approval shall mean approval of the President of the Council of the Village of Lake Linden.
C. Garbage – Shall mean any animal or vegetable waste resulting from handling, preparation, cooking and consumption of food.
D. Refuse – Shall mean any combustible trash, including but not limited to, paper, cartons, boxes, plastics, exclusions, furniture, bedding and non-combustible trash including but not limited to, metals, tin cans and glass.
E. Yard Waste – Shall mean regular wastes produced from landscaping and gardening activities.
F. Screened container – A vessel or container constructed of a non-combustible material and topped by a screen or grate so as not to allow burning or smoldering embers to float into the air.
SECTION 2: BURNING PROHIBITED
A. General Prohibition. It is unlawful for any person or persons to burn, or cause to burn, assist in burning, permit, continue or permit continuance of the burning of any combustible material within the Village limits of Lake Linden except as listed herein.
B. Refuse. It shall be unlawful to burn any refuse outside any building at any time in the Village of Lake Linden.
C. Garbage. It shall be unlawful to burn garbage inside or outside any building at any time in the Village of Lake Linden.
D. Yard refuse. No person shall cause or permit open burning of yard waste, including leaves, grass clippings, vegetable or other garden debris, shrubbery or brush or tree clippings or similar materials, to occur upon any privately owned premises or public place.
E. Papers. 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.
F. Streets, Alleys, Highways, Curbs or 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 Lake Linden.
G. Proximity to Structures. No fire under any allowable provision herein shall be set within 20 feet of an existing structure or building within the Village limits under any circumstances.
A. It is the purpose of this section to ban and prohibit the installation and use of outdoor furnaces and outdoor boilers within the limits of the Village for the purpose of securing and promoting public health, comfort, convenience, safety and welfare of Village residents. It is recognized that the type of furnaces and boilers, generally fired with wood, create noxious and hazardous smoke, soot, fumes, odors, air pollution, particles. Temperature inversions and wind can cause smoke to stay close to the ground or migrate to neighboring houses and buildings. These units generally incorporate smoldering and frequent fire flare ups as the units adjust to local temperature settings.
B. Typically, the outdoor residential wood-burning hot water furnace or boiler is a freestanding unit situated outside the envelope of the structure to be heated. The unit consists of a closed combustion chamber surrounded by a water tank and vented through a stack. A wood-burning fire is contained and controlled in the combustion chamber or firebox of the furnace. During the combustion process, heat is transferred through the walls of the chamber into the water. The hot water from the furnace tank can then be circulated through radiators or air-handling heat exchangers to transfer heat into a residence. Some outdoor heating furnaces are equipped with additional plumbing to provide domestic hot water.
C. Definitions. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
1.) Outdoor Furnace. Any device, appliance, equipment, apparatus or structure that:
a) Is designed, intended and/or used to provide heat and/or hot water to any associated structure or dwelling;
b) Operates by burning wood or any other solid fuel including but not limited to: coal, paper, cardboard, pellets, and agricultural products;
c) Is not located within the structure to be heated;
d) Includes, but not limited to, devices referred to as outdoor furnaces, outdoor boilers, and outdoor stoves.
2.) Regulations. Outdoor furnaces and outdoor boilers shall not be placed or located on any property, land or lots within the limits of the village.
3.) Penalty. Failure to abate a violation of this section as prescribed by the Village Council, or other village-authorized representative shall result in a fine of up to $100 for each day during which the property owner is in violation of this section and/or up to 90 days in jail.
SECTION 4: BURNING USES PERMITTED
A. Cooking fires. Fires are permitted for the cooking and smoking of food provided that such fires are confined to a barbeque grill, barbeque pit, smokehouse or other enclosure and provided further that the emission of smoke and fumes do 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 prior approval when in a pit or pile which does not exceed three (3) feet in diameter provided 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 burnt.
(3) The fire is not set within 20 feet of an existing building or structure even on private property.
(4) Fire does not threaten trees, shrubs or branches that may ignite.
(5) Atmospheric conditions are favorable.
(6) Fire is in a pit or receptacle that inhibits spread of fire.
(7) Prohibit emission of smoke or fumes which irritate, annoy or constitute a nuisance to others living in the neighborhood.
C. Bonfires. Public or private bonfires in which the material would exceed three feet in diameter require prior approval of the President of the Village and the Fire Chief of the Lake Linden Fire Department. Such approval is granted with complete discretion by said officers and shall not counteract or overreach warnings and/or bans issues by the Department of Natural Resources.
D. Outdoor fireplaces. Containers commonly known as chimeneas can be used provided they are properly attended by a person of 18 years or older and are used in a manner consistent with their instructions.
E. Screened Container burning. The burning of small amounts of wood shall be permitted provided they are burned in a covered, screened container during daylight hours, are constantly attended, and are completely extinguished before dusk.
F. Nuisance and public disquiet. The Village Police may exhibit discretion in determining the affect to other residents and neighbors of open fires of any kind.
SECTION 5: EXCEPTIONS AND SPECIAL CIRCUMSTANCES
On the discretion of the President of the Village and the Fire Chief of the Lake Linden Fire Department when there exists special circumstances which lack any other reasonable means of disposing of items which may need to be disposed of and not addressed herein then a permit to burn may be issued.
SECTION 6: REMEDIES FOR LIABILITY AND RECOVERY COSTS
A. Costs. All costs incurred by the Village for enforcement of this Ordinance will be the responsibility of the party in violation of this Ordinance.
B. Civil Remedies. The Village may pursue any other remedy or may institute any appropriate action for proceedings in a court of competent jurisdiction or before any administrative agency to collect costs for liability imposed for violation of this Ordinance.
SECTION 7: CRIMINAL PENALTIES
The Village of Lake Linden may commence and pursue criminal proceedings against responsible parties as defined herein to the extent permitted by law. The penalty for violation of this ordinance, in addition to the penalty proscribed in Section 3, subsection C, paragraph 3, shall be conviction of a fine up to $500.00 or imprisonment for up to 90 days, or both such fine and imprisonment. Each separate violation of this ordinance shall be considered a separate offense.
SECTION 8: SEVERABILITY
If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 9: CONFLICTS
All other ordinances, amendments or provisions thereof, which may be inconsistent or in conflict with this Ordinance are hereby repealed.
[Posted on the website of the Village of Lake Linden]