Bedford Township,
Michigan                                       

183.000  OUTDOOR BURNING REGULATION Ord. No. 68 Adopted: October 6, 1992 (Click Here For PDF Version)
An Ordinance enacted pursuant to Act 246, Public Acts of 1945, as amended by Act 78, Public Acts of 1989, and as may be otherwise amended, and Act 33, Public Acts of 1951, as amended by Act 81, Public Acts of 1989, and as may be otherwise amended, to regulate open burning of combustible materials, to prescribe the rules and regulations allowing the issuance of a burning permit authorizing a person to burn specified combustible materials pursuant to stated guidelines, to authorize the Chief of the Fire Department or such other person authorized by the Township to issue burning permits, and to generally provide for the public health, safety, and general welfare of the persons and property of Bedford Township; and to repeal all other ordinances and regulations or parts of ordinances in conflict.

THE TOWNSHIP BOARD OF THE TOWNSHIP OF BEDFORD, COUNTY OF MONROE, STATE OF MICHIGAN, ORDAINS:

183.001  Short title.

Sec. 1. This Ordinance shall be known and referred to as the "Bedford Township Outdoor Burning Regulation Ordinance." (Ord. No. 68A-1, 4-4-95)

183.002  Authorization.

Sec. 2. The Fire Chiefs of the Bedford Township Fire Department shall have authority over any outdoor burning and proposed outdoor burning in the Township, in accordance with the rules and regulations hereby authorized to be adopted from time to time by Resolution of the Township Board of the Township of Bedford with the advice and recommendations of the Fire Chiefs. A Fire Chief of the appropriate division of the Bedford Township Fire Department shall have jurisdiction over any outdoor burning or proposed outdoor burning within the Fire Chief's territorial jurisdiction, and shall be primarily in charge of the issuance of burning permits for outdoor burning in said territorial area. A Fire Chief may designate a member of the Fire Chief's division of the Fire Department to carry out the Fire Chief's authority and directives provided for in this Ordinance, for any period of time. The Bedford Township Clerk's Office is hereby also authorized to issue burning permits as directed by the Fire Chiefs, and in accordance with the rules and regulations adopted by Resolution adopted from time to time by the Township Board of the Township of Bedford. The Township Board of the Township of Bedford may adopt by Resolution from time to time certain rules and regulations regulating outdoor burning in the Township of Bedford, with the Fire Chief's advice and recommendations, and said rules and regulations may include the time, days and months when burning will be permitted and any other regulations relating to the outdoor burning of combustible materials, and any fees to be charged. (Ord. No. 68A-1, 4-4-95)

183.003  Outdoor burning.

Sec. 3. No person shall kindle, start or maintain any outdoor fire of any combustible materials, or authorize any such outdoor fire to be kindled, started or maintained, on or in any public or private street, alley or road, or any other public ground or private premises without complying with this Ordinance, any rules and regulations adopted pursuant to this Ordinance, and any other ordinance, law, rule or regulation relating to outdoor burning, and if required by the rules and regulations adopted pursuant to this Ordinance, without first obtaining a burning permit or other proper authorization from the Fire Chief of the Bedford Township Fire Department having territorial jurisdiction over the location of the proposed outdoor fire, or his designee, or the Bedford Township Clerk's Office. A request for a burning permit may be submitted to the appropriate Fire Chief of the Bedford Township Fire Department, or his designee, or the Bedford Township Clerk's Office. The full details of the substance to be burned, quantity, location, time and any other information reasonably required by the Township, shall be provided as part of the request for a burning permit. No burning permit shall be required for burning in a covered waste burner or incinerator which has been inspected and approved by the appropriate Fire Chief, or his designee.
(Ord. No. 68A-1, 4-4-95)

183.004  Process of permits.

Sec. 4. Upon the making of a request for a burning permit and the receipt of all the necessary information, the appropriate Fire Chief of the Bedford Township Fire Department, or his designee, or the Bedford Township Clerk's Office, shall review the information, request and relevant conditions with respect to said burning request, determine if a permit should be issued, and if one is to be issued, collect any burning permit fee which may be authorized by Resolution of the Township Board and grant said permit in accordance with this Ordinance and any Resolution adopted pursuant to this Ordinance, and in accordance with any and all other laws, rules, regulations and ordinances relating to outdoor burning. The Township Clerk shall cause a Permit to Burn form to be printed and made available for use, which shall require various information including the substance and quantity of combustible material to be burned, the location where the burning will occur, the time, days and month when the burning will be permitted, and other information as required by this Ordinance or any Resolution adopted pursuant to this Ordinance. Permits to Burn shall be denied, granted or granted with restrictions at the direction and direction of the appropriate Fire Chief of the Bedford Township Fire Department, or his designee, or the Bedford Township Clerk's Office at the direction of the appropriate Fire Chief, considering the weather conditions and any other relevant circumstances and hazards to outdoor burning.
(Ord. No. 68A-1, 4-4-95)

183.005  Enforcement.

Sec. 5. The provisions of this Ordinance shall be administered and enforced by the Chiefs of the Bedford Township Fire Department, or their designees, and the Bedford Township Ordinance Enforcement Officers as appointed by the Township Board of the Township of Bedford. The Fire Chiefs, or their designees, and the Bedford Township Ordinance Enforcement Officers, may process ordinance violations, issue appearance tickets and take any and all other enforcement action that may be permitted by this Ordinance and any other ordinance or law. The Fire Chiefs of the Bedford Township Fire Department, or their designees, and the Bedford Township Ordinance Enforcement Officers may direct that any unlawful outdoor fire be extinguished, and if the outdoor fire is not extinguished, or no one is present to extinguish said fire, the outdoor fire may be extinguished by a member of the Bedford Township Fire Department or a Bedford Township Ordinance Enforcement Officer.
(Ord. No. 68A-1, 4-4-95)

183.006  Conflicting Codes.

Sec. 6. The provisions of this Ordinance hereby control and take precedence over any provisions of a fire code adopted by the Township of Bedford before or after the enactment of this Ordinance, to the extent such provisions of any adopted fire code are in conflict hereof. No provisions of this Ordinance shall be construed to allow open burning of grass, clippings, or leaves, or both, which would otherwise be prohibited under the Air Pollution Act, Public Act 348 of the Public Acts of 1965, (MCL §336.11 et seq.; MSA §14.58(1), et seq.), or rules promulgated under that Act.

183.007  Penalties.

Sec. 7.

A.        Any person, firm, corporation, partnership, or other organization or entity, or anyone acting on behalf of said person, firm, corporation, partnership, or other organization or entity, who shall violate or fail to comply with any provision of this Ordinance or the Rules and Regulations adopted pursuant to this Ordinance by resolution, or any of the restrictions set forth on any burning permit issued, shall be responsible for a municipal civil infraction as defined by Michigan law and subject to a civil fine determined in accordance with the following schedule:

1st violation within 2-year period* . . . $ 25.00

2nd violation within 2-year period* . . . $ 50.00

3rd violation within 2-year period* . . . $100.00

4th or subsequent violation within 2-year period* . . . $250.00

(*determined on the basis of the date of violations)

A violator of this Ordinance shall also be subject to such additional sanctions, remedies, and judicial orders as are authorized under Michigan law.
(Ord. No. 68A-1, 4-4-95; Ord. No. 68A-2, § 1, 7-6-99)

183.008  Prior and inconsistent ordinances repealed.

Sec. 8. All ordinances or parts of ordinances in conflict with this Ordinance are to the extent of such conflict, repealed.

183.009  Severability.

Sec. 9. This Ordinance and the various parts, sentences, paragraphs, sections, subsections, phrases, and clauses thereof are hereby declared severable, and if any of them are adjudged unconstitutional or invalid, it is hereby directed that the remainder of the Ordinance shall not be affected.

183.010  Effective date.

Sec. 10. This Ordinance shall become effective 30 days after the day it, or a summary of it, is published in a newspaper of general circulation in the Township of Bedford, said publication to occur within 30 days after its adoption.

183.011  [Resolution to establish burning times, conditions and fees pursuant to the outdoor burning regulation ordinance--]Statements in support of resolution.

Sec. I.

THE TOWNSHIP BOARD OF THE TOWNSHIP OF BEDFORD, COUNTY OF MONROE, STATE OF MICHIGAN, STATES:

WHEREAS, pursuant to the Bedford Township Outdoor Burning Regulation Ordinance, Ordinance No. 68, as amended, the Township Board of the Township of Bedford is authorized to adopt regulations for outdoor burning and to establish times, days and months when a Permit to Burn may be issued by the Township for persons or entities desiring to outdoor open burn in the Township, and to further impose conditions and establish fees; and,

WHEREAS, the Township Board of the Township of Bedford did adopt its (First) Resolution to Establish Burning Times, Conditions and Fees pursuant to the Bedford Township Outdoor Burning Regulation Ordinance on April 4, 1995, which established various rules and regulations pertaining to outdoor open burning; and,

WHEREAS, the Township Board of the Township of Bedford did adopt its (Second) Resolution to Establish Burning Times, Conditions and Fees pursuant to the Bedford Township Outdoor Burning Regulation Ordinance on August 15, 1995, which established various rules and regulations pertaining to outdoor open burning and which repealed the April 4, 1995 (First) Resolution; and,

WHEREAS, the Township Board of the Township of Bedford did adopt its (Third) Resolution to Establish Burning Times, Conditions and Fees pursuant to the Bedford Township Outdoor Burning Regulation Ordinance on February 6, 1996, which established various rules and regulations pertaining to outdoor open burning and which repealed the August 15, 1995 (Second) Resolution; and,

WHEREAS, the Township Board of the Township of Bedford did adopt its (Fourth) Resolution to Establish Burning Times, Conditions and Fees pursuant to the Bedford Township Outdoor Burning Regulation Ordinance on March 27, 1996, which established various rules and regulations pertaining to outdoor open burning and which repealed the February 6, 1996 (Third) Resolution; and,

WHEREAS, the Township Board of the Township of Bedford did adopt its (Fifth) Resolution to Establish Burning Time, Conditions and Fees pursuant to the Bedford Township Outdoor Burning Regulation Ordinance on February 20, 2001 which established rules and regulations pertaining to outdoor open burning and which repealed the March 27, 1996 (Fourth) Resolution; and,

WHEREAS, the Township Board of the Township of Bedford intends to supplement those rules and regulations and has determined that for simplicity sake, it would rewrite the existing rules and regulations that are not being altered and add in the new rules and regulations so that one complete resolution is in effect; and,

WHEREAS, upon adoption of this (Sixth) Resolution, the February 20, 2001 (Fifth) Resolution shall be completely repealed and superseded by this (Sixth) Resolution, which (Fifth) Resolution shall then no longer be in effect;
(Res. of 4-3-01)

183.012  [Same--]Resolution.

Sec. II.

NOW, THEREFORE, THE TOWNSHIP BOARD OF THE TOWNSHIP OF BEDFORD HEREBY RESOLVES AS FOLLOWS:

RESOLVED, pursuant to the Bedford Township Outdoor Burning Regulation Ordinance, Ordinance No. 68, as amended, the times, days and months when a Permit to Burn may be obtained from the Township and the conditions for outdoor burning and the establishment of any fees, shall be as follows:

In accordance with the Natural Resources and Environmental Protection Act, Act 451 of Public Acts of 1994, as amended, (hereinafter sometimes referred to as "Act 451") and all rules and regulations adopted thereunder, there shall be no outdoor burning of solid commercial waste or solid industrial waste and no Permit to Burn shall be issued by the Township therefore and there shall be no outdoor burning of yard waste materials from other than one or two-family dwellings or farm operations following generally accepted agricultural and management practices as defined by the Michigan Right to Farm Act, Act 93 of the Public Acts of 1981, as amended (hereinafter sometimes referred to as "Act 93").

The outdoor burning of waste materials, including grass clippings and leaves, from one or two-family dwellings or farm operations following generally accepted agricultural and management practices as defined by Act 93, in a waste burner or incinerator covered by a mesh cover in conformity with Act 451 and all rules and regulations adopted thereunder, and inspected and approved by the Fire Chief of the Bedford Township Fire Department, or the designee of the Fire Chief, shall not require a Permit to Burn, but such burning shall only take place on Wednesday, Thursday, Friday and Saturday between 8:00 AM and 6:00 PM each day during any week or month of the year when not otherwise prohibited, for any reason, by the Fire Chief of the Bedford Township Fire Department or the designee of the Fire Chief.

A Permit to Burn for the outdoor open burning of waste materials including grass clippings and leaves, from one or two-family dwellings or farm operations following generally accepted agricultural and management practices as defined by Act 93, may be issued by the Fire Chief of the Bedford Township Fire Department or the designee of the Fire Chief, or the Bedford Township Clerk as directed by the Fire Chief of the Bedford Township Fire Department or the designee of the Fire Chief. The Permit to Burn shall be valid for a single burning season within a particular year, there hereby being established two burning seasons per year. The first burning season shall be during the months of April and May of each year. The second burning season shall be during the months of September, October and November of each year. If a Permit to Burn is issued, the applicant may burn during the burning season for which the Permit to Burn is issued on any Friday between the hours of 2:00 PM and 6:00 PM and any Saturday or Sunday of a particular week between the hours of 8:00 AM and 6:00 PM unless otherwise prohibited, for any reason, by the Fire Chief of Bedford Township Fire Department of the designee of the Fire Chief.

A Permit to Burn for the outdoor open burning of trees, logs, large brush and stumps, or for similar materials that may take longer than ten (10) hours to substantially burn to ashes, or for the outdoor open burning for disease and pest control as part of a farm operation following generally accepted agricultural and management practices, as defined by Act 93, as amended, but not for the burning of grass clippings or leaves, may be issued by the Fire Chief of the Bedford Township Fire Department, or the designee of the Fire Chief, or the Bedford Township Clerk as directed by the Fire Chief of the Bedford Township Fire Department, for any day during any week or month of the year, but said Permit to Burn may be restricted to any hour(s), and day(s) and during any week(s) or month(s), and may be made subject to any other conditions which the Fire Chief, or the designee of the Fire Chief, or the Bedford Township Clerk as directed by the Fire Chief of the Bedford Township Fire Department deem reasonable and safe, and may not be issued when otherwise prohibited, for any reason, by the Fire Chief of the Bedford Township Fire Department, or the designee of the Fire Chief.

A Permit to Burn for the outdoor open burning for recreation purposes, such as for bonfires, but not campfires as defined and regulated in the next paragraph, where said bonfires or other recreational fires do not exceed eight (8) feet in diameter or eight (8) feet in height, and which are located in a pit, grill, trenched area or some other effective containment area, and in which wood, coal or some other normal outdoor clean burning fuel not including grass clippings or leaves is burned, may be issued by the Fire Chief of the Bedford Township Fire Department, or the designee of the Fire Chief, or the Bedford Township Clerk as directed by the Fire Chief of the Bedford Township Fire Department, for any day during any week or month of the year, but only for the time period of 6:00 PM to 12:00 AM each day, and not when otherwise prohibited, for any reason, by a Fire Chief of the Bedford Township Fire Department, or the designee of the Fire Chief.

The outdoor open burning of campfires for recreation purposes, where said campfires do not exceed three (3) feet in diameter or three (3) feet in height, and which are located in a pit, grill, trenched area or some other effective containment area, and in which wood, coal or some other normal outdoor clean burning fuel not including grass clippings or leaves is burned, shall not require a Permit to Burn but such burning may only take place from 6:00 PM until 12:00 AM on any day during any week or month of the year other than a day when a complete ban on outdoor burning is in place.

All burning of garbage, wet leaves, hazardous materials or materials causing toxic fumes shall be strictly prohibited at all times.

A Permit to Burn shall be revocable by the Fire Chief of the Bedford Township Fire Department, or the designee of the Fire Chief, or the Bedford Township Clerk as directed by the Fire Chief of the Bedford Township Fire Department, if the Fire Chief or the designee of the Fire Chief determines that conditions are such that outdoor open burning cannot be accomplished safely, or if the terms and conditions of the Permit to Burn or Ordinance No. 68, as amended, or any Resolution adopted thereunder, or any other ordinance, law, rule or regulation governing outdoor open burning, are being violated.

The Fire Chief of the Bedford Township Fire Department, or the designee of the Fire Chief, may determine that conditions are dangerous for outdoor burning, and no Permits to Burn shall be issued, all existing Permits to Burn shall be revoked and no outdoor burning shall take place for any period of time when such conditions exist. During the time when the Fire Chief or the designee of the Fire Chief determines that such dangerous conditions exist, no outdoor burning shall take place. The Township will endorse any total burning ban instituted by the Governor or State Fire Marshall for hazardous environmental conditions during periods of dry weather, or for any other purposes.

Any person or entity who negligently allows a fire to escape is liable for all expenses incurred by the Township of Bedford in the suppression of such fire.

Bedford Township shall assume no responsibility or obligation by the issuance of any Permit to Burn. Any applicant, as a condition of a Permit to Burn, shall be deemed to have assumed all responsibility and obligation to take all necessary precautions to control any fire and prevent any escape, and shall be fully liable for, and indemnify and hold Bedford Township harmless from all damage to property and injury to person as a result of any outdoor burning.

Any person, firm or corporation who negligently allows a fire to escape or who is unable to control any fire, which results in the Bedford Fire Department attending to or containing the fire, shall be charged at the rate of One Hundred Dollars ($100.00) for each vehicle dispatched to attend to or contain the fire.

Any Permit to Burn issued by the Township of Bedford shall not supersede any other ordinance, law, rule or regulation relating to burning.

RESOLVED, that a fee shall not be charged at this time for the issuance of a Permit to Burn under the Bedford Township Outdoor Burning Regulation Ordinance, Ordinance No. 68, as amended.

RESOLVED, that the Clerk of the Township of Bedford shall cause the appropriate Permits to Burn to be printed and placed into use in accordance with this Resolution and the Bedford Township Outdoor Burning Regulation Ordinance, Ordinance No. 68, as amended.
(Res. of 4-3-01)

11/22/2005