ORDINANCE NO. 148 AMENDING SECTIONS 12-61 THROUGH 12-64 TO THE VILLAGE OF GOODRICH CODE OF ORDINANCES

Sec. 12-61 Definitions.

The words “open fire” as used in this ordinance shall mean any fire upon any woodlands, lots, subdivisions, grass lands, field or public right-of-way within the Village not wholly contained within an incinerator, outside fireplace, grill or other receptacle constructed for and suitable to the purpose of the burning of combustibles. “Combustibles” as used herein, shall mean easily burned.

Sec. 12-62 Burning of Household Refuse Prohibited.

No person shall burn household refuse in the Village. No permit shall issue for burning of household refuse in the Village.

Sec. 12-63 Permitted Burning.

No person shall start or have any open fire without first obtaining a permit from the Atlas Township Fire Department or its designee and such permit shall state the address where such fire is started, the owner of the premises involved, the person starting the fire and the person responsible for attending such fire. There will be no charge for such permit.

Sec. 12-64 Uncontrolled fires prohibited.

No person shall start or have any open fires upon any woodlands, lots, subdivisions, grasslands, field or public right-of-way within the Village whenever there be danger of such fire spreading beyond the control of the person so starting or having such open fire so as to injure, damage or endanger the life, limb or property of another.

Sec. 12-65 Unattended fires prohibited.

No person who shall start or have any open fire upon any woodlands, lots, subdivisions, grasslands, field or public right-of-way within the Village shall leave such open fire unattended by a person 18 years or older until such fire shall have been completely extinguished.

Sec. 12-66 Collection of charges.

The owner or occupier of any property within the Village to which the Atlas Fire Department is called on two or more occasions during a twelve-month period to extinguish a grass fire shall be liable to the Village of Goodrich, upon demand made by the Goodrich Village Council, in the sum of two hundred dollars ($200.00). The Goodrich Village Council shall have the power to waive or modify this provision upon a proper showing. Failure to pay said sum within ten days of the written demand therefor made by the either the Village Council shall be deemed a violation of this Ordinance.

Sec. 12-67 Application and charge for elective burning.

Whenever any owner or occupier of property within the Village of Goodrich shall desire the Atlas Township Fire Department to burn down any building or structure upon his or her property, a written request containing the names, addresses and consent in writing of all persons having a legal interest in the premises shall be submitted to the Atlas Township fire chief. The fire chief shall, along with the application, transmit a suggested charge that should be made to offset the cost of destroying the said building or structure. The suggestion shall be not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Upon the receipt of the application and the suggested cost transmitted by the fire chief, the Village Council shall at its next regular meeting, or at a special meeting called for that purpose, authorize the burning of the building or structure indicated, upon the payment of a fee to be set by the township board. Provided, however, that no approval for said destruction shall be given by the Village of Goodrich Council; until the Village Attorney certifies that all persons having any interest in the property have executed the application for destruction.

Sec. 12-68 Permitted time period for burning.

No person shall start or have any open fire upon any woodlands, lots, subdivisions, grasslands, field or public right-of-way within the Village of Goodrich, before sunrise or later than one-half hour following sunset.

Sec. 12-69 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 of not more than five hundred dollars ($500.00) or by imprisonment in the County Jail not exceeding 90 days, or by both such fine and imprisonment in the discretion of the Court; provided, however, that the Court may, in its discretion, suspend any sentence imposed under this Ordinance and grant probation to any person convicted of a violation thereof and the Court may further, in its discretion, condition such probation and/or suspension of sentence upon reimbursement to the Township of Atlas of any cost and expense suffered or incurred by the said township in extinguishing or attempting to extinguish any fire started or had in violation of the provisions of this Ordinance.

Sec. 12-70 Severability.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable.

Sec. 12-71 Effective date.

This Ordinance shall become effective on the 23 day of September, 2016.