|
Watertown Charter Township Bringing Resources Together For a Community Focused on the Future |
ORDINANCE # 3.1:Fire Ordinance
WATERTOWN CHARTER TOWNSHIP
CLINTON COUNTY
ORDINANCE NO. 3.1
At a Regular Meeting of the Township Board of The Charter Township of Watertown, Clinton County, Michigan duly called and held on the 19th day of September, 1994, there were present: Supervisor Thomas Shaver, Clerk Phyllis Rathbun, Treasurer Janet Mallison, Trustees Dan Gorman, Gloria Miller, George Weitzel and Mike Zalewski.
The following Ordinance was offered by Miller and seconded by Zalewzki and the second reading was held.
An Ordinance to regulate the setting of certain fires, to provide for fire permits, to provide for the collection of costs and expenses to the Charter Township of Watertown caused by the setting of certain fires, and to provide penalties for the violation thereof.
THE CHARTER TOWNSHIP OF WATERTOWN, CLINTON COUNTY, MICHIGAN ORDAINS:
SECTION I. This Ordinance is adopted in the interest of, and is designed to promote, the public health, safety and welfare of the Charter Township of Watertown.
SECTION II. No person, partnership, association, corporation or other entity, or employee or agent thereof, shall within the limits of the Charter Township of Watertown, start, set, or cause to be started or set, an open fire, except an approved “domestic fire” as defined herein, without a verbal or written permit from the Fire Chief of the City of DeWitt or the Fire Chief of the City of Grand Ledge, or the authorized agent of either.
SECTION III. Any person, partnership, association, corporation or other entity, or employee or agent thereof, desiring to start or set an open fire, except an approved “domestic fire” as defined herein, shall make application for a verbal or written permit to the Fire Chief of the City of DeWitt or the Fire Chief of the City of Grand Ledge, or the authorized agent of either, which application shall state the name and residence of the applicant, the owner of the property and whether consent of the owner to burn on the property has been given, the location of the premises where such fire is to be set, the time, day and date contemplated for setting such fire, the reason for setting such fire, type of material to be burned and such other information as the Township Board or the Fire Chief may from time to time require.
SECTION IV. If such application is approved, the Fire Chief of the City of DeWitt, the Fire Chief of the City of Grand Ledge, or the authorized agent of either, shall forthwith issue a verbal or written permit to said applicant, provided that such a permit does not conflict with the provisions of any applicable local, state or federal law.
SECTION V. Any person, partnership, association, corporation or other entity, or employee or agent thereof, who violates or fails to comply with any provision of this Ordinance or who starts, sets, or causes to be started or set, an open fire which necessitates calling the DeWitt City Fire Department or the Grand Ledge City Fire Department, or any other Fire Department, on behalf of Watertown Charter Township, shall pay to Watertown Charter Township all charges applicable that are in the Emergency Schedule of Fees adopted by Resolution of the Township Board of Trustees. The Township may sue in any court of competent jurisdiction for civil damages and to recover such costs and expenses. Also, see Ordinance 19, 19.1 and 19.2 and any future Ordinances that may be adopted or revised for an update on the Township Fire Protection and Ambulance Service for the recovery of costs for the Fire Run.
SECTION VI. As used herein, an approved “domestic fire” is any fire where the material to be burned has been placed in a fireproof container, constructed of metal or masonry, with an approved spark arrestor, and with openings not larger than three-fourths of an inch. Such fireproof containers shall be located not less than 300 feet from any neighboring house or structure. Commercial or industrial properties are not allowed to open burn at anytime. Such fires shall be burned only between the hours of sunrise and sunset.
SECTION VII. An open fire, such as a campfire, a bon fire, or a brushfire shall require a verbal or written permit from the Fire Chief of the City of DeWitt or the City of Grand Ledge, or the authorized agent of either. No fire shall be left unattended until it has been completely extinguished.
SECTION VIII. In addition to any substances and materials specifically prohibited by the Air Pollution Control Commission, pursuant to the Air Pollution Control Act, Act 348 of the Public Acts of 1965, as amended, and the Michigan Forest Fire Law, Act 329 of the Public Acts of 1969, no person, partnership, association, corporation or other entity, or employee or agent thereof, shall burn garbage, hazardous waste or explosives, animal carcasses, animal waste, petroleum based products, plastics, shingles, demolition or construction materials, buildings, tires, automobiles or parts thereof, refuse from multiple dwellings, or any material giving off foul odors, at anytime. The provisions of this Section shall also apply to any approved “domestic fire” as defined herein.
SECTION IX. Any violation of this Ordinance shall be deemed a nuisance per se and the Watertown Charter Township Board, its agents or law enforcement officers, may take action to abate such nuisance in any Court of competent jurisdiction.
SECTION X. SEVERABILITY. Should any provision or part of this ordinance be declared to be invalid or unenforceable by any court of competent jurisdiction, the same shall not affect the validity or enforceability of the balance of this ordinance which shall remain in full force and effect.
SECTION XI. EFFECTIVE DATE AND REPEAL OF CONFLICTING ORDINANCES. This ordinance shall take effect upon publication. Former Ordinance Number 3 and all other Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.
A VOTE OF THE FOREGOING ORDINANCE WAS AS FOLLOWS:
AYES: Mallison, Miller, Rathbun, Gorman, Weitzel, Zalewksi, Shaver
NAYS: None
ABSENT: None
________________________________ ______________________________
Thomas L. Shaver, Supervisor Phyllis J. Rathbun, Clerk
CERTIFICATION
The foregoing Ordinance was duly adopted and passed by the Township Board of the Charter Township of Watertown, Clinton County, Michigan, on the 19th day of September, 1994 by roll call vote.
______________________________
Phyllis J. Rathbun, Clerk
Dated: September 21, 1994