For the comfort, health and safety of its residents, the governing body has determined it necessary to regulate all burning within its corporate limits of the village and to permit only limited exceptions as follows.
(A) Prohibited. Except as otherwise permitted in this subchapter of the municipal code or in the statutes of the state, it shall be unlawful for any person, firm, corporation or entity to burn or cause to be burned any material, item or thing within the corporate limits of the village. It shall be unlawful for any person, firm, corporation or entity to start, ignite, maintain or permit any open burning.
(B) Exceptions.
(1) The use of outdoor fireplaces for the purpose of containing small recreational fires is permitted on the property of one-family, two-family or multi-family residential dwellings, in accordance with the following rules and regulations.
(a) The burning must be conducted in a noncombustible container sufficiently vented to include adequate primary combustion air with enclosed sides, a bottom and a mesh covering with openings not larger than one-quarter-inch square.
(b) Such fires shall be under constant supervision while burning.
(c) The fire and/or burning must be of such limited size as to allow the person in charge to have complete control over it.
(d) The fire and/or burning must not create a nuisance or a hazard to the health or the safety of persons or property in the area. Any fire which produces smoke that is a nuisance shall be extinguished.
(e) The burning of garbage, trash, leaves or other refuse shall not be permitted.
(f) The burning or igniting of highly flammable, toxic or explosive materials shall not be permitted.
(2) Any person, firm, corporation or other entity may ignite and maintain any burning which is necessary for the usual and customary preparation and/or cooking of food, including the use of barbeque grills.
(3) The use of outdoor heaters shall be permitted only so long as they shall remain under constant supervision while in operation.
(4) Nothing in this subchapter shall prevent the use of any device, equipment, structure or appliance located within a residence, commercial building, garage or other completely enclosed building that may involve the burning of some fuel or material in connection with the use for which it is normally intended.
(5) Nothing in this subchapter shall prevent or limit the use of motor vehicles, commercial equipment, farm equipment, residential equipment, generators and other devices that burn fuel in the normal course of their operation.
(Ord. 277, passed 11-4-2014) Penalty, see § 91.99