Shelby, MI Fire Regulations: Outdoor Burning (2026)

Chapter 403 of the Code of the Village of Shelby, Recreational Burning, adopted March 23, 2026 by Ordinance No. 07-26, gives the Shelby-Benona Fire Department and the police department standing authority to shut down a fire already burning, separate from the pit and material rules that apply while it is lit. Section 403-2 lists five specific grounds for an extinguishment order: high winds, the burning of prohibited materials, a citizen complaint including health concerns from smoke, an unattended fire, or other potential safety concerns as determined by the fire department or police.

The order can be issued regardless of whether the fire otherwise complies with the pit-size, setback and fuel rules in § 403-1, because the triggering conditions, wind, complaints, smoke and attendance, can arise even from an initially lawful fire. Section 403-3 addresses noncompliance: if a person refuses to comply with an extinguishment order, the fire department will extinguish the fire itself regardless of the refusal, and the officer issues a citation for a municipal civil infraction against the person who refused, subject to the penalty schedule in § 1-2, including the increased fine set for repeat violations.

Because the chapter covers both recreational fires and general open burning within Village limits under § 403-1(A), this extinguishment authority functions as the Village's burn-ban mechanism for any outdoor fire, not only a fire pit specifically.