Public notice: Freedom Township

Freedom Township Hall

FREEDOM TOWNSHIP

WASHTENAW COUNTY, MICHIGAN

ORDINANCE NO. 53-2024

Outdoor Burning Ordinance 

AN ORDINANCE TO REGULATE AND CONTROL THE BURNING OF WASTE MATERIALS, GARBAGE, REFUSE, RUBBISH, LEAVES, PAPER AND OTHER COMBUSTIBLE DEBRIS IN THE TOWNSHIP OF FREEDOM AND TO PROVIDE A PENALTY FOR VIOLATION THEREOF AND ITS ENFORCEMENT.

THE TOWNSHIP OF FREEDOM, WASHTENAW COUNTY, MICHIGAN, HEREBY ORDAINS:

Article 1. OPEN BURNING ORDINANCE 

Section 1.1 Applicability. 

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 Township of Freedom by regulating the air pollution and fire hazards of open burning. This ordinance applies to all open burning within the Township of Freedom, Washtenaw County, Michigan. 

Section 1.2 Severability. 

Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

Section 1.3 Definitions 

1. Campfire – a small fire that is less than three feet in diameter and two feet in height but not including a fire intended for disposal of waste wood or refuse.
2. Clean wood – natural wood which has not been painted, varnished or coated with a similar material; wood that has not been pressure treated with preservatives; and wood that does not contain resins or glues as in plywood or other composite wood products. 
3. Construction and demolition waste – building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging and rubble that results from construction, remodeling, repair, and/or demolition operations on a house, commercial or industrial building, accessory buildings, or other structures. 
4. Fire Chief – The Chief or other designated officer of the fire department that has jurisdiction for the location. The Manchester Township Fire Department currently serves as the Fire Department for Freedom Township. 
5. Open burning – kindling or maintaining a fire where the products or combustion are emitted directly into the ambient air without passing through a stack or chimney. 
6. Outdoor burning – open burning or burning in an outdoor wood-fired boiler or patio wood-burning unit. 
7. Patio wood-burning unit – a chiminea, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating. 
8. Refuse – any waste material except clean wood products from trees, logs, brush, stumps, leaves, grass clippings, and other natural vegetative matter. 
9. Prescribed Burn - the burning, in compliance with a prescription and to meet planned fire or land management objectives, of a continuous cover of fuels. A Prescription means a written plan establishing the criteria necessary for starting, controlling, and extinguishing a burn.
10. Bonfire – a small outdoor fire intended for recreation but not including a fire intended for disposal of waste wood or refuse. A Bonfire must be smaller than six (6) feet in diameter and four (4) feet in height. 
11. Burning Barrel – a container constructed of metal or masonry with a metal covering device with holes no larger than three-quarters (3/4ths) of an inch.

Section 1.4 No Permit required Open Burning 

The following Open Burning Fires DO NOT require a Burning Permit. 

1. Campfires, as defined above. 
2. Patio wood-burning unit (chiminea). 
3. Charcoal or gas grill used for cooking food. 
4. Open burning of cardboard and paper products from a one- or two-family dwelling if it is contained in a burning barrel. Burning of any waste that contains plastic, rubber, foam, chemically treated wood, textiles, electronics, chemicals, or hazardous materials is strictly prohibited.

Section 1.5 Permit required Open Burning 

The following Open Burning Fires DO require a Burning Permit. 

1. Open burning of trees, logs, brush, stumps, leaves, and grass clippings. 
2. Agricultural land open burning of fence rows, ditch banks, or crop stubble. 
3. Prescribed burning of forest prairie and wildlife habitat management grounds. Permit must be obtained at least two days prior to burning. 
4. Bonfires. However, Bonfires can be no larger than six feet in diameter and four feet in height and may not be allowed to burn later than midnight on the date of the permit.

Section 1.6 How to obtain a Burn Permit 

Burn permits may be issued by the Manchester Township Fire Department upon a proper request as prescribed by the Fire Department. To obtain a burn permit from the Manchester Township Fire Department call and leave a detailed message per the voicemail instructions. 

Section 1.7 Rules for all Open Burning, regardless whether a permit is required. 

1. Open Burning must not create a nuisance, meaning that no materials shall be burned that create a foul or offensive odor or that cause smoke emissions that are reasonably offensive to occupants of surrounding property.
2. All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or visibility hazard on roadways, railroads, or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations. 
3. No materials may be burned upon any street, curb, gutter, or sidewalk or on the ice of any lake, pond, stream, or other body of water.
4. No burning shall be undertaken within 25 feet from any combustible vegetation, combustible material, combustible wall or partition, exterior window opening, exit or access exit. 
5. No burning may be conducted on days when the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has declared an air quality action day applicable to the Township of Freedom and/or Washtenaw County. 
6. Open burning shall be conducted only on the property on which the materials were generated. This prohibition does not include campfires. 
7. Open burning shall be conducted during daylight hours only. This prohibition does not include campfires or bonfires. 

Section 1.8 Prohibited Burning 

1. The following CANNOT be burnt: Construction and demolition waste, hazardous substances, batteries, household chemicals, pesticides, used oil, gasoline, paints, varnishes and solvents, furniture and appliances, tires, any plastic material, 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), animal carcasses and refuse from any commercial or industrial establishment. 
2. Open burning on property that is zoned commercial or industrial is prohibited. 
3. All open burning is prohibited except as specifically allowed in this ordinance.

Section 1.9 Fire Suppression Training 

If a burn is started for the purpose of fire prevention training within the Township, the following must be adhered to: 

1. Any structure to be burnt must be inspected by a state licensed asbestos inspector, and the DEQ must be notified at least 10 days prior to burning. 
2. Fire suppression training must conform to the guidelines established by the National Fire Protection Association Standard on Live Fire Training Evolutions (NFPA 1403)

Section 1.10 Liability 

A person utilizing or maintaining an open fire shall be responsible for all fire suppression costs and any liability for property damage caused by the fire or by any extinguishing methods necessary to control or extinguish the fire.

Section 1.11 Right of entry and inspection 

The Fire Chief of Manchester Township or any authorized local official of Freedom Township who presents credentials may enter and inspect any property within Freedom Township for the purpose of ascertaining compliance with the provisions of this ordinance.

Section 1.12 Prohibition, Enforcement, and Penalties 

1. The Freedom Township Supervisor shall be responsible for enforcing this ordinance. Except for the issuance of citations, the Supervisor may delegate the actual enforcement of the provisions of this ordinance to other township officials and personnel. For the issuance of citations, the Freedom Township Supervisor, the Fire Chief of Manchester Township, the Fire Marshal, the zoning inspector, the zoning administrator, building officials, and all police officers, Sheriff deputies, and State troopers who have jurisdiction within Freedom Township are authorized to issue citations for any violation of this ordinance as “authorized local officials” pursuant to MCL 600.8707. 

1. Any person, firm, association, partnership, corporation, or government entity who violates or who authorizes, allows, or permits a violation of any of the provisions of this ordinance or fails to comply with a duly authorized order issued by a fire official or authorized local official under this ordinance shall be deemed to be responsible for a municipal civil infraction and a nuisance per se, for which the fine shall be.

1. 1st violation within a 12-month period ………..………………….… $100.00 
2. 2nd violation within a 12-month period……………………………... $200.00 
3. 3rd violation within a 12-month period…………………………….... $400.00 
4. All subsequent violations within a 12-month period ….………. $500.00

Each subsequent day the violation continues is considered a separate violation of this ordinance and shall be subject to penalties or sanctions as a separate offense. The issuance of subsequent violations is at the discretion of the authorized township official or Manchester Fire Chief. A fine assessed under this ordinance shall be in addition to other remedies as provided by law and the assessment of all costs, attorney fees, damages, and expenses incurred  in connection with  a violation or enforcement of this ordinance.

For purposes of this section, "subsequent offenses" means a separate violation of this ordinance committed by the same person or property owner within twelve (12) months of a previous violation regardless of whether said person or property owner admitted responsibility, was adjudicated to be responsible, failed to appear, or defaulted on the issued violation.

1.  In addition to the fine designated above, each person, firm, association, partnership, corporation, or government entity who violates or authorized, allowed, or permitted a violation of any of the provisions of this ordinance or fails to comply with a duly authorized order issued pursuant to this ordinance shall be summarily taxed the costs of the action, which are not limited to the costs taxable in ordinary civil infraction actions and may include all expenses, direct and indirect, to which Freedom Township has been put in connection with the municipal civil infraction, up to the entry of judgment, including, but not limited to, the cost of any and all personal injury, property damage, emergency response and restoration work caused by such violation. 
2. In addition to pursuing a Municipal Civil Infraction proceeding, the township may also institute an appropriate action in a court with jurisdiction seeking injunctive, declaratory, or other equitable relief to enforce, restrain, prevent or abate any violation of this ordinance. Costs and expenses incurred by the township to enforce any injunctive relief or abate or prevent any violation of this ordinance are assessable against the violator.

SECTION 1.13 Effective Date.

This Ordinance shall become effective thirty (30) calendar days after publication of a Notice of Adoption in a newspaper of general circulation in the Township, following adoption by the Township Board of Trustees.

YEAS: Bristle, Layher, Lindemann, Schaible, Huehl

NAYS: none 

ABSENT: none

ORDINANCE DECLARED ADOPTED. 

Dated: January 9, 2024

Larry Lindemann, Supervisor

Valisa Bristle, Clerk

CERTIFICATION

The above Ordinance No. 53 was adopted at a meeting of the Freedom Township Board of Trustees on the January 9, 2024 ; and published in the Manchester Mirror, a newspaper of general circulation in Freedom Township, Washtenaw County, Michigan on the xx of January, 2024.

Valisa Bristle

Freedom Township Clerk

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