CHAPTER 92:  BURNING

§ 92.01	BURNING PROHIBITED.
	No person shall ignite or otherwise cause to burn any garbage, trash, leaves,
	yard wastes, grass clippings, grass, weeds, brush, trees, tree branches, tree 
	limbs, tree stumps, debris or refuse, whether animal, vegetable, mineral, wood 
	or synthetic materials, in any open fire or in a receptacle upon any lands 
	within the municipal boundaries of the city. The provisions of this section 
	shall not prohibit the burning of wood in a fireplace or stove for the purpose 
	of cooking or providing heat and shall not prohibit the burning of firewood in a 
	bonfire or campfire in accordance with § 92.02.
(Ord. 110, passed 10-25-89; Am. Ord. 118, passed 11-28-90; Am. Ord. 170, passed 5-18-98)
Penalty, see § 10.99

§ 92.02	REQUIREMENTS FOR PERMITTED BURNING.
	An owner of property, or a person authorized by the owner of property, may burn 
	firewood in a bonfire or campfire on his or her property, provided that such 
	shall meet the following requirements:

		(1)	A person 18 years of age or older shall remain in constant 
			attendance during the time the fire is burning or smoldering.

		(2)	The person or persons tending the fire shall remain in complete 
			control over the fire at all times and shall ensure that the 
			fire does not threaten surrounding properties or create a 
			nuisance.

		(3)	The amount of firewood to be burned shall not exceed an amount 
			which can reasonably be anticipated to be controlled.

		(4)	Before abandoning the site of the fire or disposing of its 
			remains, the person or persons tending the fire shall take all 
			steps necessary to extinguish any materials still burning, 
			smoking or smoldering.

		(5)	At no time shall any bonfire or campfire occur on or within ten 
			feet of the surface of any public street, public sidewalk, or 
			public bike path in the city.

		(6)	At no time shall any bonfire or campfire occur within 20 feet of 
			a building.
(Ord. 110, passed 10-25-89; Am. Ord. 118, passed 11-28-90; Am. Ord. 170, passed 5-18-98) 
Penalty, see § 10.99
Statutory reference:
	Air pollution control standards generally, see M.C.L.A. §§ 324.5501 et seq.
§ 92.03	ADMINISTRATION AND ENFORCEMENT.
	It shall be the duty of the Fire Chief of the city or his designee to 
	investigate fires which are in violation of the terms of this subchapter, and to 
	cause them to be extinguished, and to actively endeavor with the cooperation of 
	the Spring Lake-Ferrysburg Police Department to secure the conviction of all 
	persons violating this subchapter.
(Ord. 110, passed 10-25-89; Am. Ord. 118, passed 11-28-90; Am. Ord. 170, passed 5-18-98)
§ 92.04	ADMINISTRATIVE LIABILITY.
	No officer, agent, or employee of the city shall render himself or herself 
	liable for any damage that may accrue to any person as the result of any act, 
	decision or other consequence or occurrence arising out of the discharge of his 
	or her duties and responsibilities pursuant to this subchapter.
(Ord. 110, passed 10-25-89; Am. Ord. 118, passed 11-28-90; Am. Ord. 170, passed 5-18-98)
§ 92.05	VIOLATIONS; CIVIL FINES.
	A violation of this chapter is a civil infraction subject to a fine. Increased 
	civil fines will be imposed for repeated violations that occur within a six 
	month period. The civil fine for a first offense is $50. The civil fine for the 
	first repeat offense is $250. The civil fine for a second repeat offense is 
	$500.
(Ord. 170, passed 5-18-98)