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Ordinance 32-Burning Ordinance

SPRINGPORT TOWNSHIP BURNING ORDINANCE An ordinance to regulate the setting of fires, and to provide penalties for the violation thereof, and provide a remedy for the collection of costs and expenses to the township caused by the setting of fires. THE TOWNSHIP OF SPRINGPORT, JACKSON COUNTY, hereby ordains; Section I. This ordinance is adopted in the interest of public safety, health and morals, and is designed to promote the general peace, health, safety, and welfare of the township of Springport. Section II. No person, partnership, firm, association or corporation shall within the limits of Springport township, start or have an open fire except for domestic purposes and to protect persons or property in case of fire, without obtaining permission of the Township Fire Chief or his/ her authorized representative. Section III. Any person, partnership, firm, association or corporation desiring to set or start a fire shall make application to the Township Fire Chief or his/her authorized representative. The application when completed shall contain the name and residence of the applicant, the location, of the lands, and premises where such fire os to be set and the time contemplated for setting such fire. The application shall also state the reason for such fire and other information as may be required from time to time. Section IV. If such application is approved and permit and apermit is issued, such permit will be in accordance with Public Act 143 of 1923 (section 7), as amended. Section V. Any person, partnership, firm, association or corporation, or clerk or agent thereof, who shall set or start an open fire without a permit as required by this ordinance shall be deemed guilty of a misdemeanor and shall upon conviction thereof be subject to a fine or penalty of not less than $100.00 or more than $500.00, or by imprisonment in the county jail not exceeding 30 days, or both such fine and imprisonment. Section VI. Any person, partnership, firm, association or corporation who violates or fails to comply with any provision of this ordinance or who sets an open fire which necessitates calling the Springport Township Fire Department, or any other fire department, shall pay to Springport Township the sum of $500.00 or the total of all costs and charges incurred by said Township, whichever is greater, by reason of calling the Springport Fire Department or any other fire department. Springport Township may also sue in any court of competent jurisdiction of civil damages and may recover such costs and expenses incurred by them from any person, partnership, firm, association or corporation who sets such open fire. Section VII. Definition of "Domestic fire." A "domestic fire" is any fire around the home, within the curtilage of the dwelling where the material to be burned has been piled or placed in an approved debris burner. "Campfires" The burning of logs, brush, charcoal and other similar materials for the purpose of food preparation or recreation, unless prohibited by local laws. "Burning of Trash" Person may not burn waste materials from or at a place of business. Person may burn trash from and at a (1) or (2) family dwelling in an approved container, as long as they do not violate any other air pollution rules (such as those limiting smoke and smells). An approved container is one constructed of metal or masonry with a metal covering device with openings no larger than 3/4 inch. Section VIII. This ordinance shall take effect immediately upon passage. Made and passed by the Township Board of Springport, the 14th day of April, 2003.