Ordinances

Ordinance 568

An Ordinance to amend Cascade Ordinance 462, which defines open burning, defines open burning which is prohibited, restricted and permitted. It also sets forth the liability of owners and agents for costs incurred in the extinguishment of open burning through addition of new forms of prohibited and allowable burning.

 

THE TOWN OF CASCADE ORDAINS:

 

That The Town of Cascade Ordinance 462 is amended as follows:

 

OPEN BURNING

 

Definition

 

Open burning means burning done under such conditions that the products of combustion are emitted directly into ambient air space. Open burning shall include, but not be limited to, burning on the ground or other flat surfaces, burning done in simple outdoor structures, receptacles, or other devices which are designed primarily to contain the materials being burned or to minimize the risk of fire and which do not provide effective control of the air pollutants generated. Open burning shall not be used for waste disposal purposes and shall be of the minimum size for the intended purpose.

 

Prohibited and Restricted Burning:

 

1. Prohibited Open Burning: Any burning which violates the provisions of the Natural Resources and Environmental Protection Act (Public Act 1994, No. 451) shall be prohibited. The fire chief of The Town of Cascade or his designee shall prohibit open burning which will be offensive or objectionable due to smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous. The fire chief(s) of The Town of Cascade, or their designee, shall order the extinguishment of any fire/ open burn which creates or adds to a hazardous or objectionable situation. In no case shall any person engage in open burning which in any way endangers any person or property or is offensive or objectionable to other township residents. The following types of open burning are also prohibited:
   1. The open burning of yard debris, brush, leaves and trees:
   2. The open burning of household or other refuse at a private residence:
   3. The open burning of refuse from a multiple dwelling:
   4. The open burning of refuse at commercial and industrial sites;
   5. The open burning of building, demolition or construction material;
   6. The open burning of automobiles or parts thereof;
   7. The open burning of tires, plastics and similar material
   8. The open burning of highly flammable, toxic or explosive materials; and
   9. The open burning of hazardous or toxic materials.

 

1. Restricted Burning: The burning of trees, brush, leaves, logs and stumps may be allowed at licensed disposal sites on an intermittent basis under a schedule approved by the local health department.

 

• Allowable Open Burning:

 

1. For highway safety flares;
2. For smudge pots;
3. For similar occupational needs;
4. For outdoor food preparation, provided that such fires are safely contained in an appropriate cooking device (grill, etc…) and fueled by charcoal, clean (non-treated), dry wood, or natural gas and provided said fires are maintained in a manner so as not to endanger other persons or property; and
5. For recreational use, provided said fires are completely and safely contained in one of the following:
   1. AN ABOVE-GROUND RECREATIONAL FIRE PIT. “Fire Pit” means any non-combustible structure or container constructed in accordance with this ordinance. Pits must be at least 10 feet from buildings, property lines and any combustible material, including but not limited to, buildings, fences, patio decks or foliage as measured from the nearest Fire Pit edge.
      1. Be less than 2 feet high.
      2. Be less than 3 feet wide.
      3. Have enclosed sides made from bricks, concrete, stone or heavy-guage metal.
      4. Have a mesh screen on top to stop sparks with openings smaller than ½ inch.
      5. Be located on a flat level surface, and be built on or have included in its base, a non-combustible material. The base must extend a minimum of eighteen inches (18”) beyond the Fire Pit in all directions.
   2. OUTDOOR MANUFACTURED BURNING APPLIANCES
      1. Shall not be used indoors or on balconies.
      2. If placed on a deck, it shall be on a non-combustible surface with an eighteen inch (18”) clearance around the appliance and a minimum of twelve inches (12”) clearance to the bottom of the fire box. Such appliance shall be permanently affixed to the deck in a manner preventing any accidental overturn.
      3. If placed on the ground, there shall be a thirty-six inch (36”) clearance around the appliance from vegetation or other combustibles, and a twelve inch (12”) minimum clearance to the bottom of the fire box.
      4. Shall not exceed thirty inches (30”) in width and shall be between sixteen inches (16”) and twenty four inches (24”) in depth.
      5. Outdoor fireplaces shall have a secured chimney no less than eight feet (8’) in height.

If your fire pit or burning appliance does not meet these specifications, you will need to have the Cascade Fire Department inspect it and issue you a permit. To book an inspection, call (406)468-2808.

 

*Burning to be between 10 a.m. and midnight

*A charged water hose and/or fire extinguisher near by.

*Burning to be supervised by an adult at ALL times.

*Favorable weather conditions: no fog, winds less than 25mph

*Smoke may not obscure roads and/or homes. Sparks may not travel to nearby homes.

-While you may enjoy the smell of wood smoke, not everyone does. Some medical      conditions are aggravated by smoke. Make sure that your fire is small and burning clean, dry fuels to limit the amount of smoke drifting on to your neighbors’ property.

– It is also important to limit the noise from around the fire pit, especially late at night.

 

1. PENALTIES AND FINES

 

The owner, his agent, and/or the occupant of any township property shall be liable for all extinguishment costs incurred by The Town of Cascade as a result of violation of any term(s) of this ordinance. The Town of Cascade shall place a lien upon the lot or lots involved, and in the event the charges are not paid by the owner, agent or occupant of said lot within ninety (90) days from the date of billing payment shall become delinquent, and said lien shall be enforceable as a tax lien against the lot or lots and be collected in the same manner as other taxes are levied and collected.

 

1. APPEAL PROCEDURES

 

All decisions by the fire chief or their designees relating to any violations of this ordinance and/or imposition of costs of fire extinguishment may be appealed to the Town of Cascade Board within 30 days from the date the decision being appealed is imposed.

Snow Removal 12.13.010

It shall be the duty of the owners and tenants of any premises within the limits of the Town to keep the sidewalk in front of and adjoining the premises clean and safe for pedestrians. Snow, ice, and similar material that has accumulated during the preceding hours shall be removed from sidewalks in commercial areas before eleven a.m. each day and shall be removed from residential areas within twenty-four hours after the snowfall. Once cleared, all sidewalks shall be kept clear or snow, ice and similar material.”
12.13.020 Snow and ice removal-Depositing prohibited where: Snow, ice and similar material removed from sidewalks in commercial areas shall not be deposited on the adjoining streets, avenues, or alleys.