Recommendations to tighten Mackinac Island’s burning ordinance and motor vehicle regulations will be heard by the city council when it meets Wednesday, December 7. The recommendations, prepared by Council’s Ordinance Committee Monday, November 21, will include stiffer enforcement and penalties and, in the case of motor vehicles, revoking permits when they are used improperly.

“The committee needs to make a recommendation to the Council as to whether we are going to continue to allow outdoor burning in barrels, or not allow it,” said City Attorney Tom Evashevski at the November 21 meeting. “Either we just don’t allow it at all, or if we do allow it, with some kind of restrictions or limitations.”

Committee Chair Mike Hart agreed.

“One of the problems right now [is] the terms or restrictions are being ignored,” he said. “Not by all, but by enough.”

Committee members tackled violations in the controversial burn ordinance, which resulted in a public hearing on the issue in October. After a lengthy discussion, the committee finally agreed to recommend that burning in barrels continue to be allowed under current restrictions and a nuisance clause will be added to the ordinance so affected neighbors can request burning violations be stopped.

The committee also agreed that incinerators would not be permitted.

A recommendation will be made to City Council that violators of the revised ordinance will first receive a warning and, if the violations continue for 10 days, a citation. A substantial fine will be accessed, with the committee to recommend $50 for the first violation and $500 for the second.

The committee agreed that new restrictions for burn barrels will be added to the ordinance, including that someone must attend the fire at all times, a one-quarter-inch screen is required on top of the barrel, and a fire extinguisher or garden hose must be readily available.

The current ordinance permits burning in barrels only from October 15 to April 15, between the hours of 5 p.m. and 7 p.m., and restricts items to be burned to paper and cardboard. Residents have complained that violators are burning all types of products, including plastic and garbage, year-around.

Committee members struggled over frustrations involving the difficulty in enforcing the ordinance, while acknowledging only a few residents are intentionally violating the burning restrictions. They also noted, however, that the illegal burning is a health issue that affects the quality of life of neighbors.

“What materials [are] burned in the barrels are very hard to regulate,” said Mr. Evashevski. We can regulate them by our laws, but enforcing them is very difficult,”

While Mr. Hart said burning poses a health risk, committee member Dan Wightman said he believes that, if the regulations were followed, he is for the continued use of the burn barrels. Both men are on the City Council.

Another council member, Armand “Smi” Horn, said use of the barrels should continue, but the ordinance should be enforced.

“Since we’ve been talking about this in the last couple of weeks, very few people have been using them, but the violators are still there,” said Fire Chief Dennis Bradley. “If you get one that’s belching out smoke and creating nuisance and a health hazard, then someone has to stand up and knock on the door,” he said.

The committee wondered whether samples from a burn barrel could be sent to the state crime laboratory for analysis.

The committee will recommend that open burning be allowed by permit only from October through May and include only branches, trees, stumps, and unprocessed wood. Included will be grills, outdoor fireplaces, fire pits and rings, recreational and ceremonial fires, and auxiliary heat sources, provided the only things burned in them are unprocessed and natural wood, charcoal briquettes, wood pellets, cherry pits, and manufactured fireplace logs.

Changes to be recommended for motor vehicle permit applications, the committee hopes, will clarify vehicle use and reduce violations. It hopes to add a clause that will allow a permit to be revoked if the vehicle is used in violation of the permit.

The Mackinac Island City Council has been trying to identify all motor vehicles in use after it learned that some, such as forklifts, have slipped unnoticed through the permit process over the years. Council has also asked the Ordinance Committee to come up with a solution for violations involving golf carts, which have been used to pick people up at the airport.

Mr. Hart suggested a procedure for revocation of a permit be put in place for violations.

“If we don’t identify the purpose for which these motor vehicles are allowed, we may have some trouble,” agreed Mr. Evashevski.

Mr. Evashevski suggested that the permit application include the intended purpose of the vehicle’s use and that it would be limited to that specific operation. He suggested violations would lead to lifting the permit, and committee members agreed. As the ordinance reads now, a vehicle may be approved for one function, but then could be used for another. That other use may be in violation of regulations, such as a golf cart being used to transport Island visitors.