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Bear Lake Village Ordinance No. 2000.01

An ordinance to prohibit the open burning of designated materials without a permit or approval by Bear Lake Village.

The Village of Bear Lake Ordains:
Section 1A Prohibited except by special permit and in approved incinerators.
a) No person shall dispose of any leaves, rubbish, trash, wood, garbage, food containers, or other combustible material whatever in any street, alley, private place, or public place by burning within the Village except by special permit from the Village.

Section 2: Exceptions
This article is not intended to prohibit burning for the following purposes:
the preparation of food, outdoor camp fires in designated areas and parks, outdoor fireplace structures or containers which structures or containers are designed and constructed and/or manufactured for the sole purpose of functioning as an outdoor fireplace burning wood or charcoal fuel, and not designed and constructed and/or manufactured for primary purpose of disposal by burning of leaves, rubbish, trash, wood, garbage, food containers or other combustible material.

Section 3: Penalty
Any person who shall violate any of the provisions of this ordinance shall be responsible for a municipal civil infraction as defined at MCL600.8701 et seq,; MSA27A.8701 et seq. Each day that a violation of this ordinance occurs shall constitute a separate offense. The imposition of any fine shall not exempt the offender from compliance with the requirements of this ordinance.

Section 4: Repeals
All ordinances inconsistent with the provisions of this ordinance are hereby repealed.

Section 5: Publication
This ordinance shall be published within fifteen (15) days after its passage and shall become effective thirty (30) days from the date of its passage.

Adopted on this 14th day of June, 2000.
This ordinance was duly adopted on June 14, 2000, at a regular meeting of the Village Council and will become effective July 14, 2000.

Date: June 14, 2000
Vern Best, Village President. Joanne Schroeder, Village Clerk.


RATIONALE

The Village Council has consistently received complaints of noxious smells emanating from smoldering unattended burning barrels used to incinerate household garbage and building materials. State law to protect air quality works in conjunction with local authorities. To read more information on the hazardous substances emitted by open burning of household trash go to http://www.deq.state.mi.us/aqd/publish/burnhousehold.htm. For more information on general State Regulation of open burning go to http://www.deq.state.mi.us/aqd/publish/openburn.html.

In order to apply for a permit, an "Approved Incinerator" as stated in the State regulations must be used only for use if it does not emit noxious smells and smoldering smoke, it must not be left unattended and must be built of metal or masonry with no open holes larger than 3/4 inch, and may not be used to burn any material prohibited by State law. More information can be obtained at the 2 Web sites listed above or by contacting the Village Council.

Your cooperation is appreciated as we seek to sustain our friendly, 'good neighbor' community.

Phone / FAX (231) 864-4300
Address: PO Box 175
Bear Lake,
Michigan 49614-0175

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