§ 22-5. Outdoor wood-fired boiler.

(a)

This section 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 City of Clare by regulating the air pollution and fire hazards of open burning and outdoor burning.

(b)

Should any portion of this section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.

(c)

Fire chief means the chief of the City of Clare Fire Department or other person designated by the fire chief.

(d)

Municipality means a county, township, city, or village.

(e)

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.

(f)

Outdoor wood-fired boilers. No person shall install, use, or maintain an outdoor wood-fired boiler in the City of Clare except within an industrial district with written permission from the municipality's authorized agent.

(g)

Liability. A person utilizing or maintaining an outdoor wood-fired boiler fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.

(h)

Right of entry and inspection. The fire chief or any authorized officer, agent, employee or representative of the City of Clare who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section.

(i)

Enforcement and penalties.

(1)

The fire chief and code enforcement officer and any law enforcement officer are authorized to enforce the provisions of this section.

(2)

Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this section or fails to comply with a duly authorized order issued pursuant to this section shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statute which shall be punishable by civil fine determined in accordance with the following schedule:

	Minimum Fine	Maximum Fine
First offense within 3-year period*	$ 75.00	$500.00
Second offense within 3-year period*	150.00	500.00
Third offense within 3-year period*	325.00	500.00
Fourth or more offense within 3-year period*	500.00	500.00

 

*Determined on the basis of the date of commission of the offense(s)

(3)

The violator shall pay costs which may include all expenses, direct and indirect, which the City of Clare has incurred in connection with the municipal infraction. In no case, however, shall costs of less than $100.00 be ordered. In addition, the city shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this section. Each day that a violation of this section exists shall constitute a separate violation of this section.

(Ord. No. 2011-010, 9-6-2011)