CHARTER TOWNSHIP OF HIGHLAND
ORDINANCE NO. 447
AN
ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CHARTER TOWNSHIP OF
HIGHLAND,
MICHIGAN, CHAPTER 9, FIRE PREVENTION AND PROTECTION
THE CHARTER TOWNSHIP OF HIGHLAND ORDAINS:
Section 1.
The Charter
Township
of Highland Code of Ordinances, Chapter 9, Fire Prevention and
Protection is
hereby amended as follows:
ARTICLE I. IN
GENERAL
SECTION
9-1. Purpose.
The
general purpose and intent of Chapter 9 is to
promote the public health, safety and welfare; and provide for
penalties for
violation of Chapter 9, including the imposition of fees under the
Township's
Emergency Services Cost Recovery Ordinance. This ordinance
further sets
forth regulations prohibiting open burning and outdoor burning to
provide for
the public health, safety and welfare of the citizens of the Township
by
regulation the air pollution and fire hazards of open burning and
outdoor
burning; provides for open burning under certain specified
circumstances;
requires a permit to burn under certain circumstances and set forth the
procedure to obtain a permit; and provides for penalties for violation.
This
ordinance provides for the adoption of the International Fire Code as
the
applicable Fire Code for the Township to establish the minimum
requirements
consistent with nationally-recognized good practices for providing a
reasonable
level of life safety and property protection from the hazards of fire,
explosion or dangerous conditions in new and existing buildings,
structures and
premises, and to provide safety to fire fighters and emergency
responders
during emergency operations; and provides for penalties for
violation.
This ordinance also provides for the regulation of fireworks in
accordance with
state local; provides a permit process; and provides penalties for
violations.
This ordinance further provides for the establishment of the Township
Fire
Department; establishes jurisdiction and authority to adopt rules
and
regulations for the conduct of personnel and maintenance equipment
related to
the Fire Department; permits the Township to employ and appoint a Fire
Chief,
firefighters, officers and other personnel; and prescribes the powers
and
duties of Fire Department personnel.
SECTION
9-2. PENALTIES AND SANCTIONS.
Municipal civil infraction. A person who violates any
provisions of this
chapter, with the exception of article V, is responsible for a
municipal civil
infraction, subject to payment of a civil fine as specified in section
1-10 ,
1-12 and 1-18 of this code, plus costs and other sanctions, for each
infraction. Repeat offences shall be
subject to increased fines as provided by section 1-18
of this code. These sanctions are in
addition to the
sanction provided in section 9-38. Emergency
service cost recovery ordinance. A person who violates any provisions of this
chapter, with the exception of article V, is responsible for fees
and/or
reimbursement for extraordinary fire and rescue services as specified
in
section 2-253 and 2-245
Secs.
9-3 – 9-25 reserved.
ARTICLE II. OPEN BURNING †
Sec.
9-26. Scope.
The
provisions listed herein are general provisions for precautions against
fire to
be applied to the use of all properties.
Sec.
9-27 Purpose.
This ordinance is intended to promote
the
public health, safety and welfare and to safeguard the health, comfort,
living
conditions, safety and welfare of the citizens of the Charter Township
of Highland Township by regulating the
air pollution and fire hazards of open burning and outdoor burning.
Sec.
9-28 Applicability.
This
ordinance applies to all
outdoor burning and open burning within the Charter Township of
Highland,
except as noted below:
(1) This
ordinance does not apply to grilling or cooking food using
charcoal, wood, propane or natural gas in cooking or grilling
appliances.
(2) This
ordinance does not apply to burning for the purpose of generating heat
in a
stove, furnace, fireplace or other heating device within a building
used for
human or animal habitation.
(3) This
ordinance does not apply to the use of propane, acetylene, natural gas,
gasoline or kerosene in a device intended for heating, construction or
maintenance activities.
Sec.
9-29 Definitions.
(1) “Campfire” means a small
outdoor fire intended for recreation or
cooking but not including a fire intended for disposal of waste wood or
refuse.
(2) “Clean
wood” means natural
seasoned wood which has not been painted varnished or coated with a
similar
material; has not been pressure treated with preservatives; and does
not
contain resins or glues as in plywood or other composite wood
products.
(3) “Construction
and demolition waste”
means building waste materials, including but not limited to waste
shingles,
insulation, lumber, treated wood, painted wood, wiring, plastics,
packaging,
and rubble that results from construction, pallets, remodeling, repair,
and
demolition operations on a house, commercial or industrial building, or
other
structure.
(4) “Fire
Chief” means the Chief of
the Charter Township of Highland Fire
Department or other person designated by the Fire Chief.
(5) “Nuisance'
A use of
property or course of conduct that interferes with the legal rights of
others
by causing damage, annoyance, or inconvenience as determined by the
Authority
Having Jurisdiction (A.H.J.).
(6) “Outdoor burning” means open
burning or burning in a patio wood
burning unit.
(7) "Open burning" means
kindling or
maintaining a fire where the products of combustion are emitted
directly into
the ambient air without passing through a stack or a chimney. This
includes
burning in a burn barrel.
(8) "Outdoor
wood-fired
boiler" means a wood-fired boiler, stove or furnace that is not located
within a building intended for habitation by humans or domestic
animals.
(9) “Patio
wood-burning unit” means
any chimney, patio warmer, or other portable wood-burning device used
for
outdoor recreation and/or heating specifically designed for use on
patios or confined
areas.
(10) “Prescribed Burn” means the
burning, in compliance with a prescription and to meet planned fire or
land
management objectives, of a continuous cover of fuels. A
"prescription" means a written plan establishing the criteria
necessary for starting, controlling, and extinguishing a burn.
(11) “Township”
means the Charter
Township of Highland Township .
(12) “Trash” means any waste material except
trees, logs, brush, stumps, leaves, grass clippings, and other
vegetative
matter.
Sec.
9-30 General prohibition on outdoor
burning and open burning.
Open
burning and outdoor
burning are prohibited in the Charter Township of Highland Township unless
the burning is specifically permitted by this ordinance.
Sec.
9-31 Prohibited Open burning.
9-31.1
Open
burning of the following materials is prohibited:
a) Construction
and demolition
waste.
b) Hazardous
substances including
but not limited to batteries, household chemicals,
c)
Pesticides, used oil, gasoline, paints,
varnishes, and solvents.
d)
Furniture and
appliances.
e) Tires.
g)
urethane foam, and synthetic fabrics,
plastic
films and plastic containers.
h)
Newspaper.
i)
Corrugated
cardboard, container board, office paper.
j)
Treated
or painted wood
including but not limited to plywood, composite wood products or other
wood
products that are painted, varnished or treated with preservatives.
k)
burning
of Trash
l) burning of leaves
and grass clippings
Sec.
9-32
Open Burning
Open
burning of trees, logs, brush and stumps are
allowed only in accordance with the provisions 9-32 through 9-38
(1)
Except
for barbecue, gas, and charcoal grills, no open burning shall be
undertaken
during periods when the Governor of Michigan has issued a burning ban
applicable to the area.
(2)
All allowed open burning shall be
conducted in a safe, nuisance-free manner, when wind and weather
conditions
minimize adverse effects and do not create a health hazard or a
visibility
hazard on roadways, railroads or airfields. Open burning shall be
conducted in conformance with all local and state fire protection
regulations
as well as Chapter 3 of the Township Code of Ordinances.
(3) Outdoor
campfires and small bonfires
for cooking, ceremonies, or recreation are allowed provided they do not
cause a
nuisance. The Fire Chief or his/her designate is authorized to order
the extinguishment
by the permit holder of open burning which creates or adds to a
hazardous
situation or nuisance.
(4)
Open burns over five (5) foot in diameter shall not be conducted
within
50 feet of a structure or combustible material.
They must be contained within a barbecue pit or other such fire
restrictive
ring or enclosure. Conditions which
could cause fire to spread within 50 foot of a structure shall be
eliminated prior
to ignition. Open burns less than five (5) foot in diameter shall not
be
conducted within 25 foot of a structure or combustible material. These fires must be contained within a pit or
other such fire restrictive ring or enclosure. Conditions
which could cause fire to spread within 25 feet
of a
structure shall be eliminated prior to ignition.
(5) Open
burning shall be constantly
attended and supervised by a competent person of at least eighteen (18)
years
of age until the fire is extinguished and is cold. The person shall have readily
available for use such fire extinguishing equipment as may be necessary
for the
total control of the fire.
(6) No
materials may be burned upon any
street, curb, gutter or sidewalk or on the ice of a lake, pond and
stream or
water body.
(7) A
permit issued in accordance with
Section 9-36 of this Ordinance shall be obtained prior to any open
burning
which may be permitted under this section.
Sec.9-33
PRESCRIBED BURNS
Prescribed
burns are used to manage forest, prairie, or wildlife habitat.
Prescribed burns
are regulated under Part 515 of the Natural Resources and Environmental
Protection Act, MCL 324.51501 et seq. This law is administered by
the
Michigan Department of Natural Resources. Notification of a prescribed burn shall be
made in writing to the Highland Township Fire Department at least seven
(7)
days in advance of the prescribed burn.
Sec.9-34
PATIO WOOD-BURNING UNITS
A
patio wood-burning unit may
be installed and used in the Charter Township of Highland Township only
in
accordance with all of the following provisions:
(1) The patio
wood-burning unit shall not be
used to burn refuse.
(2) The
patio wood-burning unit shall burn only clean wood.
(3) The
patio wood-burning unit
shall be located at least twenty-five (25)
feet from the nearest structure which is not on the same
property as the
patio wood-burning unit.
(4) The
patio wood-burning unit shall not cause a nuisance to neighbors.
Sec.9-35
FIRE SUPRESSION TRAINING
All
fire suppression training
done by the Charter Township of Highland Fire Department should conform
to the
guidelines established by the National Fire Protection Association
(NFPA)
Standard on Live Fire Training Evolutions (NFPA 1403).
Sec. 9-36 BURNING PERMITS
(1)
No person shall start or
maintain any outdoor burning or open burning without first obtaining a
burning
permit from the Charter Township of
Highland Fire Department.
(2)
The owner or renter/lessee
of property shall obtain a burning permit from the Highland Township
Fire
Department fire station No.1 between the hours of 08:00
hours (8:00
a.m.)
and 16:00
hours (4:00
p.m.)
, Monday -Sunday
(3)
When
weather conditions warrant, the Fire Chief may temporarily
suspend issuing burning permits and may temporarily suspend previously
issued
burning permits for open burning.
(4) A
burning permit issued under this section shall require
compliance with all applicable provisions of this ordinance
and any additional special Restrictions deemed necessary to protect
public
health and safety.
(5)
Any
violation of the conditions of a burning permit shall be deemed
a violation of this ordinance. Any violation of this ordinance or
the
burning permit shall void the permit.
Sec.
9-37 LIABILLITY
A
person utilizing or
maintaining an outdoor fire shall be responsible for all fire
suppression costs
and any other liability resulting from damage caused by the fire.
Sec.
9-38
RIGHT OF ENTRY AND INSPECTION
The
Fire Chief or any
authorized officer, agent, employee or representative of the Charter
Township
of Highland Township who presents credentials may inspect any property
for the
purpose of ascertaining compliance with the provisions of this
ordinance.
Sec.
9-39 ENFORCMENT AND PENALTIES.
(1) The Fire Chief and His/Her appointees are
authorized to enforce the provisions of this ordinance. A person firm,
association, partnership, corporation, or governmental entity that
violates any
provisions of this chapter, with the exception of article V, is
responsible for
a municipal civil infraction, subject to payment of a civil fine as
specified
in section 1-10 and 1-18 of the Charter Township of Highland Township
ordinances plus costs and other sanctions, for each infraction. Repeat offences shall be subject to increased
fines as provided by for mentioned section 1-10 and 1-18.
(2) Any person or persons who shall set or start
or fuel an open fire without a permit, as required by this article, or
who
shall fail to comply with any request by the Authority Having
Jurisdiction
shall pay to the township a service charge including all costs and
charges
incurred by the township by reason of calling the township fire
department or
any other fire department. The township
may sue in any court of competent jurisdiction for its service charges
as civil
damages, and may recover such costs and expenses incurred by the
Charter Township
of Highland Township and the Charter Township of Highland Township Fire
Department
from any person who sets such an open fire.
Sec.
9-40 – 9-55. Reserved
ARTICLE III. FIRE PREVENTION CODE*
Sec. 9-56. Intent.
The purpose of this ordinance is to establish the minimum
requirements consistent with nationally-recognized good practices for
providing
a reasonable level of life safety and property protection from the
hazards of
fire, explosion or dangerous conditions in new and existing buildings,
structures and premises and to provide safety to fire fighters and
emergency
responders during emergency operations.
Sec.
9-57. International Fire Code--Adoption.
An
ordinance of the Charter Township of Highland
adopting the current State of Michigan’s adopted edition of the
International
Fire Code , regulating and governing the safe-guarding of life and
property
from fire and explosion hazards arising from the storage, handling and
use of
hazardous substances, materials and devices, and from conditions
hazardous to
life or property in the occupancy of buildings and premises in the
Charter
Township of Highland ; providing for the issuance of permits and
collection of
fees therefore; repealing all prior ordinances and parts of any prior
ordinances of the Fire Prevention and Protection ordinance of the
Charter
Township of Highland and all other ordinances and parts of the
ordinances in
conflict therewith.
The
Charter Township of Highland does ordain as
follows:
Section
1. That a certain document, three (3) copies
of which are on file in the office of the Township Clerk of , Charter Township of Highland being marked
and designated as the International Fire Code , current
State of Michigan’s adopted edition, including
Appendix
Chapters A, B, C, D, E, F, G (see
International Fire Code Section 101.2.1 ,
2003
edition), as published by the International Code Council, be and is
hereby
adopted as the Fire Code of the Charter Township of Highland , in the
State of
Michigan regulating and governing the safeguarding of life and property
from
fire and explosion hazards arising from the storage, handling and use
of
hazardous substances, materials and devices, and from conditions
hazardous to
life or property in the occupancy of buildings and premises as herein
provided;
providing for the issuance of permits and collection of fees therefore;
and
each and all of the regulations, provisions, penalties, conditions and
terms of
said Fire Code on file in the office of the Charter Township of
Highland are
hereby referred to, adopted, and made a part hereof, as if fully set
out in
this ordinance, with the additions, insertions, deletions and changes,
if any,
prescribed in Section 2 of this ordinance.
Section
2. That the following sections of the
currently adopted International Fire Code are hereby revised:
Section
101.1 Insert: Charter Township of Highland
Section
109.3 . Shall follow the guidelines of SECTION 9-2. PENALTIES AND
SANCTIONS of this code as they pertain to the level of
the offense
and the fee/fine structure of the violation.
Section
111.4 .
Insert:
$100.00 (One Hundred Dollars) , $500.00 (Five Hundred Dollars) or as
dictated
by the Township ordinances or Resolutions.
Section
3. That the geographic limits referred to in
certain sections of the 2003 International Fire Code are hereby
established as
follows:
Section
3204.3.1.1 (geographic
limits in which the storage of flammable cryogenic fluids in stationary
containers is prohibited): in all Occupancy Classifications except
Factory
Industrial Group F, and Institutional Group I-2 or with the AHJ written
approval.
Section
3404.2.9.5.1 (geographic
limits in which the storage of Class I and Class II liquids in
above-ground
tanks outside of buildings is prohibited without the written approval
of the
AHJ.)
Section
3406.2.4.4 (geographic
limits in which the storage of Class I and Class II liquids in
above-ground
tanks is prohibited within any building or structure with more than 1
wall.
without the written approval of the AHJ.)
Sections
9-58--9-70. Reserved.
ARTICLE IV. FIREWORKS CONTROL
DIVISION 1. GENERALLY
Sec. 9-71. General rules and
guidelines
The sale, possession,
transportation, use, manufacturing and storage of fire works shall be
in
accordance with the Michigan Fireworks Law 1968 P.A. 358, as amended, MCL 750.243 a through e. and Chapter 33 of the
currently adopted International Fire Code.
Sections
9-72--9-85. Reserved.
DIVISION 2. PERMITS
Sec. 9-86. Required.
A permit for the sale,
possession, transportation, use, manufacturing and storage of fire
works shall
be applied for at the Township in accordance with the Michigan
Fireworks Law.
1968 P.A. 358, as amended, MCL 750.243a through e. and Chapter 33 of
the
currently adopted International Fire Code.
Sec.
9-87. Permit Process
Prior to
conducting a fireworks display, a
person shall apply for a permit. The
permit application, which will be on a form provided by the Director of
the
Department of State Police and shall be obtained at the office of the
Township
Clerk. In order to obtain a permit, an
applicant shall provide the following:
(1) The
required permit application and
application fee;
(2) Submit
proof of training and qualifications to conduct a pyrotechnic
display ;
(3) Submit
proof of financial responsibility (insurance or letter of credit) in
the amount
of not less than two million dollars ($2,000,000.00).
The insurance policy or letter of credit must
name the Charter Township of Highland Township as an additional insured
on the
policy.
(4) Submit
general plan to the Township outlining
how the display will be conducted
(5) The
applicant must demonstrate knowledge of recommended safety requirements
as
outlined in National Fire Protection Association pamphlets #1123,
1124,
and 1126.
No permit
will be issued to any person under the
age of eighteen (18) years. No permit
shall be issued to any person that furnishes incomplete or false
information in
the application for a permit.
Sec, 9-88 – 9-115 Reserved
ARTICLE V. FIRE DEPARTMENT
Sec. 9-116. Scope, purpose
and intent.
This article is adopted pursuant to the
authority
granted the Township Board under Act No. 33 of the Public Acts of
Michigan of
1951 (MCL 41.801 et seq.), as amended. The purpose of this article is
to
provide that the Township Board of the Charter Township of Highland
shall hereby
establish the Highland Township Fire Department; to establish
jurisdiction and
authority to adopt rules and regulations for the conduct of personnel
and
maintenance of equipment; to employ and appoint a Chief, firefighters
and
officers; and to prescribe the powers and duties of Fire Department
firefighters and employees.
Sec.
9-117.
Establishment, funding, powers and duties.
(a) There
is
hereby established a Township Fire Department. The Township Board,
acting by
Resolution, shall appoint such firefighters who, based on experience,
training
and qualifications would, in its discretion, best perform the duties
associated
with providing fire protection to the citizens of the Township .
(b) The
Township Board shall approve an annual
fire budget for the operation and maintenance of the department and its
equipment, and for that purpose shall have the authority to use general
funds,
to initiate the creation of a special assessment district and levy
assessments,
sell bonds, establish user fees, or raise revenues in any other manner
provided
for under law for the operation and maintenance of the department; to provide for payment of any
debts incurred incidental to its continued operation; to
purchase necessary equipment; and/or construct public
buildings for uses incidental to the maintenance and operation of a
fire
department. The Township Board shall establish rules and regulations
for the
operations of the department and the care of the equipment.
Sec.
9-118. Chief; duties.
(a) The
Township
Board shall appoint a Chief who shall be the Chief administrative
officer of
the Highland Township Fire Department. The Chief shall be accountable
to the
Township Board for the efficient and effective operation of the
department, and
for the department's compliance with all state laws, township
ordinances and
policies. The Chief shall serve at the pleasure of the board. The
position will
be reviewed every two (2) years.
(b) The
Chief
shall recommend, subject to Township Board approval, the appointment of
a Fire
Marshall, Assistant Chief,
Captain(s), Lieutenant(s), Sergeant(s) and Firefighters as may be
deemed
necessary.
(c) The
Chief
shall develop written administrative rules to increase the efficiency
and
effectiveness of the department, including preplanning and
post-incident
critiques, regulations, assignment and scheduling of personnel and
shall plan
for the long range needs of the department.
(d) The
Chief
shall review all personnel and operational problems with and shall
report
monthly to the Township Board. A written report shall be filed annually
with
the township board.
(e) As
needed,
the Chief shall notify the Township Supervisor of major problems or
issues that
require board action. When such problems must be resolved immediately
and it is
impractical or will endanger the health, safety or welfare of the
Township to
wait until the next board meeting to resolve the issue, the Township
Supervisor
shall be empowered to resolve the issue or problem, subject to the
subsequent
approval of the board.
(f) The
Chief
shall hold regular department informational and training meetings.
(g) The
Chief
may incur expenditures against the fire fund as approved by the
Township Board.
The Chief will monitor the unencumbered balances remaining in the
department
budget and shall make timely recommendations for budget amendments at
such time
as the needs for such amendments become known. The department's
expenditures
shall not exceed amounts appropriated. Capital outlay purchases shall
follow
the purchasing policy of the Charter Township of Highland Township
regarding
written quotes and competitive bidding.
(h) The
Chief
shall also be responsible for the following:
(1) Supervise
the extinguishment of all fires that endanger the health, safety and
welfare of
the township.
(2) Enforce Township Fire
ordinances or Fire
Prevention Codes.
(3) Ensure that
all personnel are trained and qualified for the duties that they are
expected
to fulfill.
(4) Ensure that fire inspection and community
fire
prevention programs are conducted.
(5) Ensure that
all equipment and buildings are properly maintained and in good working
order.
(6) Ensure that all department personnel
comply with
departmental and board rules, regulations and policies.
Sec. 9-119. Officers.
(a) There
shall be a chain of command established among the department officers
in
descending order of rank, from the chief to the assistant Chief,
captain(s),
lieutenant(s), sergeants, to firefighters. Each rank shall obey the
orders of
their superior officers. Temporary officers may be appointed by the
senior
officer present at any emergency to ensure the continuity of the chain
of
command. Such temporary appointments shall terminate when the officer
with the
given responsibility becomes available.
(b) The
chief
shall establish a job description for each rank. Each command officer
shall be
responsible that orders are carried out by subordinates.
Sec.
9-120.
Firefighters.
(a) Applicants
for vacant firefighter positions shall be of good character, possess a
good
driving record, and shall be screened by a physician of the township
board's
choice and at township expense. The physician's examination shall
determine if
the applicant has any preexisting physical conditions that would
preclude the
applicant from performing the duties associated with firefighting.
(b) All
firefighters shall serve an initial probationary period for a period of
not
less than six (6) months. At the discretion of the chief, the
probationary
period may be extended. At the conclusion of the minimum probationary
period,
the chief and/or the station officer may recommend that a probationary
firefighter that has met all of the qualifications contained in the
firefighter
job description be given permanent firefighter status by the township
board.
(c) A
probationary
firefighter shall be entitled to all compensation and benefits afforded
to
permanent firefighters, but shall be restricted to perform only those
duties
for which he has been specifically trained. A probationary firefighter
shall
not be issued department insignia or badges. Use of emergency signal
devices on
the private vehicle of a probationary firefighter shall be at the
chief's
discretion.
Sec.
9-121.
Disciplinary procedure.
(a) Violations
of any township ordinances, board rules, department administrative
regulations,
or convictions of a felony shall subject any personnel involved to
disciplinary
proceedings. A violation shall be documented by the chief upon good
cause
shown, or when a violation occurs in his presence.
(b) The
chief
shall provide a copy of the written reprimand to an alleged violator.
The
written reprimand shall state the rule that was allegedly violated, the
nature
of any disciplinary action taken, and the consequences of any further
reoccurrences. Disciplinary action may range from a reprimand to a
suspension,
demotion or dismissal, or a combination of any of the above, depending
on:
(1) Seriousness of the
violation;
(2) Consequences to the
safety of others by the
violation;
(3) Potential harm to the
department or the
township;
(4) Prior record of the
individual;
(5) The degree of
wantonness, if any, of the
act.
(c) Any
disciplinary action may be appealed to the township board, who shall
affirm,
deny or modify the disciplinary action taken by the chief. The township
board
may, on its own initiative, bring charges against any fire department
personnel. Disciplinary action initiated by the township board shall
follow the
above procedures, except that the responsibilities designated above to
the
chief shall be performed by the township board.
(d) In
addition to such administrative rules that may be promulgated by the
chief,
theft of township property or other property at the scene of an
emergency shall
be cause for dismissal.
(e) Firefighters
shall not respond to emergencies, meetings or
training
sessions while under the influence of alcoholic liquor or any
controlled
substances.
Sec.
9-122.
Compensation.
Compensation to firefighters shall be in such
amounts
as may be determined from time to time by the township board. The
department
shall keep accurate records that indicate the amount of compensable
time served
by all personnel. The time records shall be submitted monthly to the
township
board for payment.
Sec.
9-123.
Public contact.
(a) The
fire
chief, or his designee, may release facts regarding fires or other
emergencies
to the news media. All other personnel shall refer all media inquiries
to the
chief or the designee.
(b) Members
of
the public will be allowed in the fire station only when accompanied by
a
member of the department.
(c) The
public
will always be treated courteously and professionally by all department
personnel.
Sec.
9-124.
Emergency responses.
When responding to emergencies, all personnel
will
drive emergency vehicles with appropriate concern for the safety of the
public
and defensive driving. Use of emergency signals on vehicles shall be
considered
a request for the right-of-way from other drivers.
Sec.
9-125.
Department equipment.
(a) Protective
gear shall be worn when engaged in firefighting in any enclosed
structure, or
outdoors when warranted.
(b) Lost
or
damaged equipment shall be reported as soon as possible to an officer.
Township
property shall be disposed only with the prior approval of the township
board.
All department-issued equipment shall be returned to the chief by
personnel
leaving the department.
Sec.
9-126. Use
of fire station.
(a) Only
township-owned/leased vehicles and equipment may be kept at the fire
station.
Department equipment shall not be borrowed for private use.
(b) Private
vehicles must be parked in designated areas only.
(c) Alcoholic
liquor and controlled substances shall not be brought into the fire
station.
Sec.
9-127. Soliciting donations.
(a) All
fund-raising activities shall have the prior approval of the Township
Board,
and all revenues solicited in the name of the fire department shall be
deposited with the Township Treasurer. Such funds will be disbursed by
the
Township Board.
(b) Any
fund-raising activities on behalf of the fire department, yet not
solicited in
the name of the Township or the fire department, shall be conducted by
a
tax-exempt organization that has been designated by
the Internal Revenue Service.
(c) The
personnel of the fire department are authorized to incorporate a
tax-exempt
charitable organization that shall be known as the Highland Township
Firefighters' Association.
Sec.
9-128.
Reserved.
Section
2. Savings
Clause.
That nothing in this Ordinance
hereby adopted be construed to affect any just or legal right or remedy
of any
character nor shall any just or legal right or remedy of any character
be lost,
impaired or affected by this Ordinance.
Section 3.
Severability.
The various parts, sections and
clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or
clause is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this Ordinance shall not be affected
thereby.
Section 4.
Adoption.
This Ordinance is hereby declared to
be to have been adopted by the Charter Township of Highland Township
Board at a
meeting thereof duly called and held on the 22nd day of July, 2009, and
ordered
to be given effect upon publication as mandated by Charter and statute.
__________________________________
Patricia
Pilchowski, Township Supervisor
___________________________________
Mary
L. McDonell, Township Clerk
Introduction:
June
24, 2009
Adoption:
July
22, 2009
Published:
July
30, 2009
Effective Date:
August
30, 2009
CERTIFICATION OF CLERK
I hereby certify that the foregoing is a true and
complete copy of an Ordinance adopted by the Charter Township of
Highland
Township Board on July 22, 2009, which was a regular meeting. I further certify that at said meeting there
were present the following Board members: Patricia
M. Pilchowski, Mary L. McDonell, Judith A. Kiley,
Mary Pat
Chynoweth, Raymond Polidori, Barry Sherman, Russ Tierney.
I further certify that the adoption of said
Ordinance
was moved by Board member McDonell and supported by the following Board
member Kiley.
I further certify that the following
Board members: Pilchowski, McDonell,
Kiley, Chynoweth, Polidori, Sherman, Tierney, voted for the adoption of
said
Ordinance and that no Board members voted against the adoption of said
Ordinance.
I further certify that no Board member
abstained from
voting.
I hereby certify that said Ordinance has been
recorded
in the Ordinance Book in said Township and that such recording has been
authorized by the signature of the Township Supervisor and Township
Clerk.
___________________________________
Mary
L. McDonell, Township Clerk
BURN PERMIT RULES
Sec.
9-30 General prohibition on outdoor burning and open bruning.
Open
burning and outdoor burning are prohibited in the Charter Township of
Highland unless the burning is specifically permitted by this ordinance.
Sec.
9-31 PROHIBITED OPEN BURNING
9-31.1
Open burning of the following materials is prohibited:
a)
Construction and demoslition waste.
b)
Hazardous substances including but not limited to batteries, household
chemicals.
c)
Pesticides, used oil, gasoline, paints, varnishes, and solvents.
d)
Furniture and appliances.
e)
Tires.
f)
Any plastic material including but not limited to nylon, PVC, ABS,
polystyrene or
g)
Urethane foam, and synthetic fabrics, plastic films and plastic
containers.
h)
Newspapers.
i)
Corrugated cardboard, container board, office paper.
j)
Treated or painted wood including but not limited to plywood, composite
wood products or other wood products that are painted, varnished or
treated with preservatives.
k)
Burning of Trash.
l)
Burning of leaves and grass clippings.
Sec.
9-32 OPEN BURNING
Open
burning of trees, logs, brush and stumps are allowed only in accordance
with the provisions 9-32 through 9-38.
(1)
Except for barbecues, gas, and charcole grills, no open burning shall
be undertaken during periods when the Governor of Michigan has issued a
burning ban applicable to the area.
(2)
All allowed open burning shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions minimize adverse effects and
do not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in conformance
with all Local and State fire protection regulations as well as Chapter
3 of the Township Code of Ordinances.
(3)
Outdoor campfires and small bonfires for cooking, ceremonies, or
recreation are allowed provided they do not cause a nuisance. The Fire
Chief or his/her designate is authorized to order the extinguishment by
the permit holder of open burning which creates or adds to a hazardous
situation or nuisance.
(4)
Open burns over five (5) foot in diameter shall not be conducted within
fifty (50) feet of a structure or combustible material. They must be
contained within a barbecue pit or other such fire restrictive ring or
eclosure. Conditions which could cause fire to spread within fifty (50)
foot of a structure shall be eliminated prior to ignition. Open burns
less than five (5) foot in diameter shall not be conducted within
twenty five (25) foot of a structure or combustible material. These
fires must be contained within a pit or other such restrictive ring or
enclosure. Conditions which could cause fire to spread within twenty
five (25) feet of a structure shall be elimimated prior to ignition.
(5)
Open burning shall be constantly attended and supervised by a competent
person of at least eighteen (18) years of age until the fire is
extinguished and is cold. The person shall have readily available for
use such fire extinguishing equipment as may be necessary for the total
control of the fire.
(6)
No materials may be burned upon any street, curb, gutter or sidewalk or
on the ice of a lake, pond and stream or water body.
(7)
A permit issued in accordance with Section 9-36 of this Ordinance shall
be obtained prior to any open burning which may be permitted under this
section.
Sec.
9-36 BURNING PERMITS
(1)
No person shall start or maintain any outdoor burning or open burning
without first obtaining a burning permit from the Charter Township of
Highland Fire Department.
(2)
The owner or remter/lessee of the property shall obtain a burning
permit from the Highland Township Fire Department fire station no. 1
located at 250 W. Livingston Road between the hours of 0800 hours (8:00
AM) and 1600 hours (4:00 PM), Monday – Sunday.
(3)
When weather conditions warrant, the Fire Chief may temporarily suspend
issuing burningpermits and may temporarily suspemd previous issued
burning permitsfor open burning.
(4)
A burning permit issued under this sectionshall require compliance with
all applicable provisions of this ordinance and any additional special
restrictions deemed necessary to protect public health and safety.
(5)
Any violation of the conditions of a burning permit shall be deemed a
violation of this ordinance. Any violation of this ordinance or the
burning permit shall void the permit.
Sec
9-37 LIABILITY
A
person utilizing or maintaining an outdoor fire shall be responsible
for all suppression cost and any other liability resulting from damage
coused by the fire.
Sec.
9-38 RIGHT OF ENTRY AND INSPECTION
The
Fire Chief or any authorized officer, agent, employee or representative
of the Charter Township of Highland who presents credentials may
inspect any property for the purpose of ascertaining compliance with
the provisions of this ordinance.
Sec.
9-39 ENFORCMENT AND PENALITIES
(1)
The Fire Chief and his/her appointees are authorized to enforce the
provisions of this ordinance. A person, firm, association, partnership,
corpation, or governmental entity that violates any provisions of this
chapter, with the exception of article V, is responsible for a
municipal civil infraction, subject to payment of a civil fine as
specified in section 1-10 and 1-18 of the Charter Township of
Highland,Township Ordinances plus costs and other sanctions, for each
infraction. Repeat offences shall be subject to increase fines as
provided by fore mentioned section 1-10 and 1-18.
(2)
Any person or persons who shall set or fuel an open fire without a
permit, as required by this article, or who shall fail to comply with
any request by the Authority Having Jurisdiction shall pay to the
Township a service charge including all costs and charges incurred by
the Township by reason of calling the Township Fire Department or any
other Fire Department. The Township may sue in any court of competent
jurisdiction for its service charge as civil damages, and may recover
such costs and expenses incurred by the Charter Township of Highland
and the Charter Township of Highland Fire Department from any person
who sets such an open fire.
Page updated
02/19/2011