Burning Ordinance

ACT 641 – State Legislature prohibited the open burning of grass clippings and leaves.
Effective date:  March 28, 1995.

ORDINANCE NB-1:

NO BURNING ORDINANCE  

AN ORDINANCE to prohibit fires on certain days in certain parts of the Township; and to provide penalties for violations of this Ordinance.

THE TOWNSHIP OF PARK, COUNTY OF OTTAWA, AND STATE OF MICHIGAN ORDAINS:

Section 1.  Definitions.  The following listed terms and phrases are defined for the purpose of their use in the Ordinance; these definitions shall apply to the interpretation and enforcement of this Ordinance unless the context clearly indicated to the contrary.

a)   “Open burning” means a fire from which the products of combustion are emitted directly into the open air without first passing through a stack or chimney.

b)   “Person” means a firm, association, partnership, joint venture, corporation, trust or equivalent entity or a combination of any of them as well as a natural person.

c)   “Township” means Park Township, Ottawa County, Michigan.

Section 2.  Area Regulated.  This Ordinance shall apply of the following described portion of the Township:  South of Ottawa Beach Road and north of Lake Macatawa between Anchorage Marina and Pine Creek Bay.

Section 3.  Regulation of Open Burning.  During the months of August, September, October and November of each year, open burning by any Person is prohibited on Sundays, Tuesdays and Thursdays.  This prohibition shall not apply to the following open burning:

a)      Open fires may be used for recreational purposes, such as campfires, provided no nuisance is created.

b)      Salamanders or other recognized trade devices may be used for heating by construction workers, provided no nuisance is created.

c)      Open fires may be used for cooking of food, provided no nuisance is created. 

d)      Fires may be set for the instruction of public fire fighters is the purpose of the fire is for fire fighting training.

Section 4.  Penalty. Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding $500.00, plus costs of prosecution, or by imprisonment in the Ottawa County Jail for a period not exceeding 90 days, or both such fine and imprisonment in the discretion of the Court.  Each day that a violation continues to exist shall constitute a separate and distinct offence.

Section 5.  Effective Date.  This Ordinance is ordered to take effect on October 18, 1984, said date being thirty (30) days or more after publication of this Ordinance in the Holland Sentinel, a newspaper having general circulation in the Township of Park, pursuant to the provisions of Act 191 of the Public Acts of 1939, as amended.

ORDINANCE NB-2:

BURNING REGULATION ORDINANCE

AN ORDINANCE to regulate and restrict burning in the Township of Park and to provide penalties for violations of this Ordinance.

THE TOWNSHIP OF PARK, COUNTY OF OTTAWA, AND STATE OF MICHIGAN ORDAINS:

Section 1.  Definitions.  The following listed terms and phrases are defined for the purpose of their use in this Ordinance; these definitions shall apply to the interpretation and enforcement of this Ordinance unless the context clearly indicated to the contrary.

a)   “Flammable material” means any substance that will burn, including, but not limited to, refuse, debris, waste, brush, stumps, logs, rubbish, fallen timber, grass, stubble, leaves, crops or crop residue.

b)   “Person” means a firm, association, partnership, joint venture, corporation, trust or equivalent entity or a combination of any of them as well as a natural person.

 Section 2.  Regulation of Burning.  No person shall:

a)      Set a fire or cause the setting on fire of any flammable material located on the improved portion of any street or roadway or on any sidewalk or bicycle path.

b)      Set on fire or cause the setting on fire of any flammable material without taking reasonable precautions, both before and at all times after lighting the fire, to prevent the fire from spreading.

c)      Leave a fire at which flammable material is burning before it is fully extinguished.

d)       Have a fire at which flammable material is burning which is not fully extinguished before 9:30 p.m. on any day.

e)   Set on fire or cause the setting on fire of any flammable material without having an adequate water supply available at the fire site to extinguish the fire at any time.

Section 3.  Exceptions.  This Ordinance shall not apply to the following fires:

a)     Open fires used primarily for recreational purposes, such as campfires.

b)     Open fires used primarily for the cooking of food.

Section 4.  Penalty. Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding $500.00, plus costs of prosecution, or by imprisonment in the Ottawa County Jail for a period not exceeding 90 days, or both such fine and imprisonment in the discretion of the Court.  Each day that a violation continues to exist shall constitute a separate and distinct offence.

Section 5.  Effective Date.  This Ordinance is ordered to take effect on November 16, 1984, said date being thirty (30) days or more after publication of this Ordinance in the Holland Sentinel, a newspaper having general circulation in the Township of Park, pursuant to the provisions of Act 191 of the Public Acts of 1939, as amended.

ORDINANCE NB-3:

AMENDMENT TO BURNING REGULATION ORDINANCE

AN ORDINANCE to amend the Park Township Burning Regulation Ordinance to prohibit the burning to garbage.

THE TOWNSHIP OF PARK, COUNTY OF OTTAWA, AND STATE OF MICHIGAN, ORDAINS:

Section 1.  Prohibition of Burning of Garbage.  That a new subsection (f) be added to Section 2 of the Park Township Burning Regulation Ordinance, such subsection (f) to provide in its entirety as follows:

“(f) Burn garbage.”

Section 2.  Effective Date. This Ordinance is ordered to take effect on August 30, 1988, said date being 30 days or more after publication in the Holland Sentinel, a newspaper having general circulation in the Township of Park, pursuant to the provisions of Act 191 of the Public Acts of 1939, as amended.