FIRE PREVENTION AND PROTECTION CODES
FIRE PREVENTION AND PROTECTION*
Article I. In General
Sec.30-1. Hazardous growths of brush and accumulations of refuse.
Sec.30-2. Kindling of fires on streets and sidewalks prohibited.
Sec.30-3. Investigation of fires.
Sec.30-4. Restricting entrance on premises while fire in progress.
Sec.30-5. Penalty for violating sections 30-2 through 30-4.
Sec.30-6. False fire alarms; inteffering with fire alarm system.
Sec.30-7. Obedience to orders of commanding officer at scene of fire.
Sec.30-8. Destruction of building to arrest spread of fire.
Sec.30-9. Damaging or removing department property.
Secs. 30-10-30-30. Reserved.
Article II. Fire Department
Sec.30-33. Powers and authority conferred.
Sec.30-34. Rules of procedure; bylaws required.
Sec.30-35. Requirements of bylaws.
Sec.30-37. Budgets and reports.
Sec.30-38. Public hearing; decisions.
Secs. 30-39-30-60. Reserved.
Article III. Fire Prevention Code
Sec. 30-61. Code adopted; purpose; copies on file.
Sec. 30-62. Definitions.
Sec. 30-63. Amendments.
Secs. 30-6~30-80. Reserved.
Article IV. Open Burning
Sec.30-82. Open burning prohibited; exceptions.
Sec.30-83. Use of incinerators.
Sec.30-84. Penalty for violation of article.
*Cross references-Buildings and building regulations, ch. 14; law enforcement, ch. 34;offenses, ch. 38; streets, sidewalks and other public places, ch. 50.
State law references-State fire prevention act, MCL 29.1 et seq., MSA 4.55(9) et seq.;crimes related to explosives and bombs, MCL 750.200 et seq., MSA 28.397 et seq.; crimes related to fires, MCL 750.240 et seq., MSA 28.437 et seq.
ARTICLE I. IN GENERAL
Sec. 30-1. Hazardous growths of brush and accumulations of refuse.
(a) Prohibited. It shall be unlawful for the owner of any lot or parcel of land, or any personin possession or control of any lot or parcel of land within the city, to allow or maintain upon any portion of such lot or land any growth of brush, or to permit the deposit or accumulation upon any portion of such lot or land of any debris, rubbish, refuse, trash, dead vegetation or garbage, so as to create an unhealthy or unsafe condition or fire hazard.
(b) Order to cut or remove. Upon complaint of a violation of the provisions of subsection (a) of this section, it shall be the duty of the chief of police or his designee to investigate suchcomplaint and the premises complained of, and after such investigation, if he shall determine that the condition of the premises is such as to be in violation of subsection (a) of this section, he shall issue an order directing the owner or person in possession or control of the land upon which such violation is committed, requiring the cutting of such brush or removal of such debris, rubbish, refuse, trash, dead vegetation or garbage, within ten days after receipt of such order.
(c) Failure to cut or remove. If any owner of any lot or land, or any person having charge ofany lot or land in the city shall violate the provisions of subsection (a) of this section, and fail to comply with the order described in subsection (b) of this section, within ten days from the receipt thereof, he shall be guilty of a violation of this section. (Code 1975, 8-1-8-3)
Sec. 30-2. Kindling of fires on streets and sidewalks prohibited.
No person shall kindle or maintain any bonfire or other fire or knowingly furnish thematerial for any such fire to be kindled or maintained on any concrete or asphalt pavement or sidewalk within the city. (Code 1975, i 8-4)
Sec. 30-3. Investigation of fires.
The chief of the fire department shall investigate or cause to be investigated the cause,origin and circumstances of every fire occurring in the city by which property has been destroyed or damaged, and, so far as possible, shall determine whether the fire is the result of carelessness or design. Any person having knowledge or presumed to have knowledge of its cause, or circumstances leading to its probable cause, may be summoned to appear before the chief of police for interrogation. (Code 1975, 8-5)
Sec. 30-4. Restricting entrance on premises while fire in progress.
Whenever any fire is in progress and it may be deemed desirable for the purpose of theinvestigation or protection to exclude persons from such premises, the senior officer in charge of such fire may cause guards to be posted forbidding entrance by any person, whether owner, tenant or otherwise, to such premises or part thereof. (Code 1975, 8-6)
Sec. 30-5. Penalty for violating sections 30-2 through 30-4.
Any person who shall violate the provisions of sections 30-2 through 30-4 shall beresponsible for a municipal civil infraction. (Code 1975, 8-7; Ord. No.1999-09, 1, 9-7-99)
Sec. 30-6. False fire alarms; interfering with fire alarm system.
(a) No person shall make, or cause to be made, or aid, encourage or assist in making orspreading, any false alarm of fire by means of the fire alarm system now in use by the city, knowing the same to be false.
(b) Any person guilty of a violation of the provisions of this section shall, upon convictionthereof, be punished as provided in section 1-12 of this Code. (Code 1975, 8-8)
Sec. 30-7. Obedience to orders of commanding officer at scene of fire.
All persons who may be present at any fire shall obey the orders of the chief of thedepartment, or other officer in command, in the extinguishment of fires and the rescue of property. Any person refusing to obey all such orders of the chief, or other officer in charge, shall, upon conviction thereof, be punished as provided in section 1-12 of this Code. (Code 1975, 8-9)
Sec. 30-8. Destruction of building to arrest spread of fire.
Members of the fire department, and any other person at the scene of a fire ordered by thecommanding officer of the fire department to give aid under section 30-7, shall cause any building to be removed, pulled or torn down, or demolished, in whole or in part, so as to arrest the spread of fire therefrom. (Code 1975, 8-10)
Sec. 30-9. Damaging or removing department property.
No person shall ride or drive any truck, automobile, motorcycle, motor vehicle, wagon orother vehicle upon or across any hose used by the fire department of the city in any street, lane, alley or other place in the city, except as expressly directed by a member of the fire department. Any person who shall enter any place where engines, hoses, carriages, hook and ladder trucks, or other fire apparatus may be kept, with intent to injure such fire apparatus, or who shall injure any such engine, hose, carriage, hook and ladder, truck or fire apparatus or any article or fixture, furniture or ornament, or shall remove any portion thereof, or otherwise mutilate or disable the same, or who shall do any damage to any engine, house, hose, station, or other place where fire apparatus is kept or stored, or to any article or fixture, furniture or ornament in or about any such house or place, or who shall remove from any engine or carriage house, any engine, hose, carriage or fire apparatus or any article or fixture, furniture or ornament without permission from the chief, shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1-12 of this Code. (Code 1975, 8-11)
Secs. 30~10-30.30. Reserved.
ARTICLE II. FIRE DEPARTMENT
Sec. 30-31. Creation.
The city hereby creates and establishes, pursuant to section 4.07 of the Charter, the firedepartment of the city. (Code 1975, 8-19)
Sec. 30-32. Purpose.
The purpose for which the fire department is created and established is to protect theproperty and persons of the citizens of the city from damage from the occurrence of fire, and to engage in activities directly or indirectly related thereto. (Code 1975, 8-20)
Sec. 30-33. Powers and authority conferred.
The fire department shall have the power and authority to perform the acts enumeratedin this section, together with such other powers as are necessarily incident thereto, including the following:
(1) Management administration, control and direction of the operations, personnel, buildings, grounds, facilities, firefighting apparatus and equipment related directly orindirectly to the protection of persons or property from, and the prevention of the occurrence of, fire, including investigation and detection of the causes of fire;
(2) Budget preparation and control;
(3) Improvement and expansion of the foregoing;
(4) Preparation and maintenance of records and reports; and
(5) Such other duties and responsibilities as determined necessary from time to time byresolution of the city council, and any other power or duty authorized or permitted by any statute or ordinance, directly or indirectly related to the fire department's purposes. (Code 1975, 8-21)
Sec. 30.34. Rules of procedure; bylaws required.
Robert's Rules of Order, Revised, shall govern the parliamentary procedure of the fire department except in the event a state statute expressly requires a different procedure. Thefire department shall develop a complete set of bylaws governing the internal affairs and operations of the fire department, which bylaws shall not be effective until approved by the city council, which may also, at any time, revoke, modify or amend any such bylaw. (Code 1975, 8-22)
Sec. 30-35. Requirements of bylaws.
The bylaws of the fire department shall, at a minimum, provide for the following:
(1) The procedure for calling special and regular meetings, which procedure shall complywith applicable state statutes.
(2) Designation of a person responsible for, and the procedure to be followed in, givingnotices of fire department meetings, which complies with applicable state statutes.
(3) Designation of a person responsible for, and the procedure to be followed in, preparingand maintaining a record of official proceedings of the fire department, which shall comply with applicable state statutes.
(4) An enumeration and designation of the officers of the fire department together with the terms of office, powers, duties and procedure for election thereof.
(5) A procedure for the appointment of advisory committees to serve such purposes as thefire department deems necessary.
(6) An enumeration of the members of the fire department together with the terms ofoffice thereof, which shall be staggered in accordance with the Charter or in accordance with state law where provided.
(7) The conditions for eligibility of nonvoting members of the fire department if there areany.
(8) A registered address at which the fire department will receive mail and other officialcommunications.
(9) A fiscal year, if different from the city's.
(10) Such other matters as may be deemed to be advisable by the city council or the firedepartment to be set forth therein. (Code 1975, 8-23)
Sec. 30-36. Membership.
(a) Qualifications and eligibility. All members of the fire department shall be residentelectors for their prescribed terms of office. The residency requirement may be waived as provided in the Charter. No elected member of the council may serve on the fire department, but appointed officers of the city or employees thereof may serve therein.
(b) Removal. Members of the fire department may be removed by the city council, for cause, as provided in the Charter, or as provided in the bylaws of the fire department.
(c) Appointment of fire chief and members. The city superintendent, with the advice andconsent of the city council, may appoint a fire chief to the fire department of the city, as provided by the Charter. Members of the fire department shall be appointed as provided in the bylaws.
(d) Expenses. The city council may authorize payment of reasonable and necessary expensesincurred by any such member in the performance of authorized business of the fire department. (Code 1975, 8-2~8-26)
Sec. 30-37. Budgets and reports.
The fire department shall prepare and submit a proposed budget to the city council, asrequired by the Charter. The fire department shall also prepare and file any reports at such time and in the form required by the city council, the Charter, or state statute. (Code 1975, 8-27)
Sec. 30-38. Public hearing; decisions.
If the fire department holds any public hearing, the hearing shall be conducted inaccordance with the requirements of any applicable state statute. Decisions shall be made in accordance with principles of due process of law, and the reasons and facts relied upon in making the decision shall be set forth in the record of the proceeding. (Code 1975, 8-28)
Secs. 30-39~0-60. Reserved.
ARTICLE III. FIRE PREVENTION CODE
Sec. 30-61. Code adopted; purpose; copies on file.
Pursuant to the provisions of section 3(k) of Act No.279 of the Public Acts of Michigan of1909 (MCL 117.3)(k), MSA 5.2073(k), as amended, there is hereby adopted by reference by the city, for the purpose of prescribing regulations consistent with nationally recognized good practice for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion arising from the storage, handling and the use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use for occupancy of buildings or premises, that certain code known as the 1997 Uniform Fire Code including all appendix chapters except Appendix I-A, Appendix I-B and Appendix VI-A, recommended by the International Conference of Building Officials and the Western Fire Chiefs Association, 5360 South Workman Mill Road, Whittier, California, 90601, being particularly the 1997 Edition thereof and the whole thereof save and except such portions as are hereinafter deleted, modified or amended in subsequent sections of this article, of which code printed copies thereof are on file in the office of the city clerk available for public use and inspection at all times, and the same is hereby adopted and incorporated as fully as if set out at length herein, and the provision thereof shall be controlling within the limits of the city. (Ord. No.1998-01, 1, 6-1-98)
See. 30-62. Definitions.
Whenever the following terms are used in the Uniform Fire Code adopted by this articlethey shall have the meanings ascribed to them in this section:
Chief of the bureau of fire prevention means the fire inspector of the city.
Corporation counsel means the attorney for the city.
Municipality means the City of St. Clair, Michigan.
(Ord. No.1998-01, 2, 6-1-98)
Sec. 30~63. Amendments.
The following chapters, sections and subsections of the Uniform Fire Code adopted in this article are hereby amended or deleted as set forth in this section, and additional chapters, sections and subsections are added as indicated. The following chapter and section numbers refer to like number of chapters and sections of the Uniform Fire Code:
Section 103.1.4. Appeals. The Appeals Board shall be the existing Building Commission of the City of St. Clair.
Article 78 shall be amended by adding a new section reading as follows:
Section 7801.1.1. State fireworks law. The city hereby adopts the state fireworks law, Act No.328 of the Public Acts of Michigan of 1931 (MCL 750.243a et seq., M5A28.440(1) et seq.), as amended, for the purpose of providing rules for the preservation of Fire and Protection of persons and property in the transportation, storage, handling, offering for sale and use of fireworks. Copies of such regulations are on file in the office of the city clerk, available for public use and inspection at all times. Where any section or part of Article 78 of the 1997 Uniform Fire Code is in conflict with the State fireworks law, it is intended that the state fireworks law will prevail.
Article 79 shall be amended by adding a new section reading as follows:
Section 7901.1.3. State flammable liquid laws. Pursuant to the provisions of section 3(k) of Act No.279 of the Public Acts of Michigan of 1909 (MCL fl7.3(k), MSA 5.2073(k)), as amended, the state fire safety board, rules for Storage and Transportation of Flammable and Combustible Liquids 1992, as amended, as prescribed and authorized in Act No.207 of the Public Acts of Michigan of 1941 (MCL 29.1 et seq., MSA 4.559(1) et seq.), as amended, are hereby adopted by reference by the city for the purpose of providing rules for the preservation of fire and protection of persons and property in the transportation, storage, handling, offering for sale, sale and use of flammable liquids. Copies of such regulations are on file in the office of the city clerk, available for public use and inspections at all times. Where any section or part of Article 79 of the Uniform Fire Code is in conflict with the State Fire Safety Board, rules for Storage and Transportation of Flammable and Combustible Liquids 1992, it is intended that the State Fire Safety Board, rules for Storage and Transportation of Flammable and Combustible Liquids 1992, shall prevail.
Section 1102.1.1. Open burning. where any section of [or] part of Section 1102 of the Uniform Fire Code is in conflict with City of St. Clair Code of Ordinance Chapter 30 Article IV Open Burning, it is intended that the City of St. Clair Code of Ordinance Chapter 30 Article IV Open Burning, shall prevail.
Section 901.4 is hereby amended to read as follows:
Section 901.4.2.1. Fire lanes. The marking of fire lanes on private property, devoted to public use, shall be approved by the chief of the bureau of fire prevention and the chief of police.
Section 901.5 is hereby amended to include the following:
Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times. Members of the police department are hereby authorized to remove motor vehicles and/or vehicles in the designated fire lanes.
Appendix Vi- C, Section 2.4 is hereby amended as follows:
(a) Any person convicted of a violation of any provision of this Code or any rule, regulation or order adopted or issued in pursuance thereof, shall be punished by a fine of not more than $500.00 and cost of prosecution or by imprisonment for not more than 90 days, or by both such fine and imprisonment, in the discretion of the court. Each act of violation, and every day upon which any such violations shall occur shall constitute a separate offense.
(b) The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this Code, whether or not such penalty is reenacted in the amendatory ordinance.
(c) The penalty set out in this section shall be in addition to the abatement of the violating condition, any injunctive relief, or revocation or [of] any permit or license.
(d) This section shall not apply to the failure of officers and employees of the city to perform municipal duties required by this Code. (Ord. No.1998-01, 2, 6-1-98)
Charter reference-Limitation on penalties, 11.07.
State law reference- Limitation on penalties, MCL 1174i, MSA 5.2082.
Secs. 3O-64~O-8O. Reserved.
ARTICLE IV. OPEN BURNING
CITY OF ST. CLAIR
COUNTY OF ST. CLAIR, MICHIGAN
AN ORDINANCE OF THE CITY OF ST. CLAIR, ST. CLAIR COUNTY, MICHIGAN TO REPEAL CHAPTER 30, ARTICLE IV - OPEN BURNING OF THE CODE OF ORDINANCES FOR THE CITY OF ST. CLAIR AND REPLACE SAID ARTICLE WITH THE FOLLOWING NEW PROVISIONS.
THE CITY OF ST. CLAIR ORDAINS:
SECTION 1. REPEAL
Chapter 30, Article IV, Open Burning is hereby repealed and replaced with the following provisions:
Sec. 30-81. Purpose.
This ordinance 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 St. Clair by regulating the air pollution and fire hazards of open burning and outdoor burning.
Sec. 30-82. Applicability
This ordinance applies to all outdoor burning and open burning within the City of St. Clair.
Sec. 30-83. Definitions.
a. “Campfire” means a small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.
b. “Clean wood” means natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
c. “Construction and demolition waste” means building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.
d. “Fire Chief” means the Chief of the St. Clair Area Fire Authority or other person designated by the Fire Chief.
e. “Municipality” means a county, township, city, or village.
f. “Open Burning” means kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. This includes burning in a burn barrel.
g. “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.
h. “Patio wood-burning unit” means a chimney, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.
i. “Refuse” means any waste material except trees, logs, brush, stumps leaves, grass clippings, and other vegetative matter.
Sec. 30-84. General prohibition on outdoor burning and open burning.
Open burning and outdoor burning are prohibited in the City of St. Clair unless the burning is specifically permitted by this ordinance.
Sec. 30-85. Open burning of refuse.
Open burning of refuse is prohibited.
Sec. 30-86. Burning of trees, logs, brush, stumps, and leaves
a. Open burning of construction materials is prohibited.
b. Open burning of trees, logs, brush, stumps, and leaves, is allowed only in accordance with all of the following provisions:
1) Except for campfires, a permit issued in accordance with Section 30-90 of this ordinance must be obtained prior to open burning under this section when the ground is not snow covered.
2) Open burning of trees, logs, brush, and stumps must be conducted at least 50 feet from any structure.
3) Except for barbecue, gas, and charcoal grills, no open burning shall be undertaken during periods when the Governor of Michigan has issued a burning ban applicable to the area.
4) All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effect and do not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.
5) Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are allowed provided they do not cause a nuisance.
6) Except for campfires, open burning shall only be conducted within the months of April, May, October and November between the hours of 12 noon and 8:00 o’clock p.m.
7) Open burning shall be constantly attended and supervised by a competent person of at least eighteen (18) years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
8) No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or waterbody.
9) Except for barbecue, gas, and charcoal grills, no burning shall be undertaken within 25 feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorize by the Fire Chief.
10) No open burning may be conducted on days when the Department of Environmental Quality has declared an “air quality action day” applicable to St. Clair County.
Sec. 30-87. Outdoor wood-fired boilers.
No person shall install, use, or maintain an outdoor wood-fired boiler within the City of St. Clair.
Sec. 30-88. Patio wood-burning units.
A patio wood-burning unit may be installed and used in the City of St. Clair only in accordance with all of the following provisions:
a. The patio wood-burning unit shall not be used to burn refuse.
b. The patio wood-burning unit shall burn only clean wood.
c. The patio wood-burning unit shall be located a reasonable distance from the nearest structure which is not on the same property as the patio wood-burning unit.
d. The patio wood-burning unit shall not cause an unreasonable nuisance to neighbors.
Sec. 30-89. Fire suppression training.
Notwithstanding sections 30-84 and 30-85 of this ordinance, structures and other materials may be burned for fire prevention training only in accordance with all of the following provisions.
a. The burn must be exclusively for fire prevention training. The burning shall not be used as a means to dispose of waste material including tires and other hazardous materials.
b. Any standing structure that will be used in a fire suppression training must be inspected and should be inspected by a licensed asbestos inspector. A notification of this inspection must be submitted to the Michigan Department of Environmental Quality, Air Quality Division at least ten business days prior to burning a standing structure. The notification must be submitted using Form EQP 5661 “Notification of Intent to Renovate/Demolish.”
c. All asbestos must be removed prior to conducting the fire suppression training. If the structure is a residential dwelling, the owner may remove the asbestos or have it removed by a licensed abatement contractor. If it is a commercial building, all asbestos must be removed by a licensed abatement contractor.
d. All ash shall be disposed of in an approved landfill or at an alternate location approved by the Michigan Department of Environmental Quality.
e. Asphalt shingles and asphalt or plastic siding shall be removed prior to the practice burn unless the Fire Chief determines that they are necessary for the fire practice.
f. At least 10 days before a planned practice burn, residents within 500 feet of the site of the proposed burn shall be notified.
g. All fire suppression training should conform to the guidelines established by the National Fire Protection Association (NFPA) Standard on Live Fire Training Evolutions (NFPA 1403).
Sec. 30-90. Burning Permits.
a. No person shall start or maintain any outdoor burning or open burning covered under this Article without a burning permit issued by the St. Clair Area Fire Authority.
b. Any person responsible for burning leaves, brush, clean wood or other vegetative debris under Section 30-86 of this ordinance shall obtain a one-time No Fee burning permit before starting the fire.
c. An outdoor campfire does not require a permit provided that the fire complies with all other applicable provisions of this ordinance.
d. When weather conditions warrant, the Fire Chief may temporarily suspend issuing burning permits and may temporarily suspend previously issued burning permits for open burning.
e. A burning permit issued under this section shall require compliance with all applicable provisions of this ordinance and any additional special restrictions deemed necessary to protect public health and safety.
f. Any violation of the conditions of a burning permit shall be deemed a violation of this ordinance. Any violation of this ordinance or the burning permit shall void the permit.
Sec. 30-91. Liability.
A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
Sec. 30-92. Right of entry and inspection.
The Fire Chief or any authorized officer, agent, employee or representative of the St. Clair Area Fire Authority who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance.
Sec. 30.93. Enforcement and penalties.
a. The Fire Chief, City Superintendent, member of the St. Clair Police Department or Zoning/Building Enforcement Officer is authorized to enforce the provisions of this ordinance.
b. Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this ordinance or fails to comply with a duly authorized Order issued pursuant to this ordinance 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
1st Offense $ 75.00 $500.00
2nd Offense $150.00 $500.00
3rd Offense $325.00 $500.00
4th or Subsequent Offense $500.00 $500.00
c. The violator shall pay costs which may include all expenses, direct and indirect, which the City of St. Clair has incurred in connection with the municipal infraction. In no case, however, shall costs of less than $75.00 or more than $500.00 be ordered. In addition, the City of St. Clair 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 Ordinance. Each day that a violation of this Ordinance exists shall constitute a separate violation of this Ordinance.