(a) As used in this code section, the following terms are defined as follows:
(1) "Agricultural waste" means any waste material generated by crop, horticultural, or livestock production practices, and includes such items as woody debris and plant matter from stream flooding, bags, cartons, structural materials, and landscape wastes that are generated in agricultural activities, but does not include land clearing waste; buildings; garbage; dead animals; animal waste; motor vehicles and parts thereof; nor economic poisons and containers thereof, unless the manufacturer has identified open burning as a safe disposal procedure.
(2) "Economic poisons" include but are not restricted to pesticides such as insecticides, fungicides, rodenticides, miticides, nematocides and fumigants; herbicides; seed disinfectants; and defoliants.
(3) "Emergency burning" means the burning of clean wood waste or deceased animals caused by a natural disaster or an uncontrolled event such as the following:
A. A tornado.
B. High winds.
C. An earthquake.
D. An explosion.
E. A flood.
F. A hail storm, a rain storm, or an ice storm.
(4) "Fire Official" means the Fire Chief for the Village or his designee.
(5) "Garbage" means any waste material resulting from the handling, processing, preparation, cooking and consumption of food or food products.
(6) "Land clearing waste" means plant waste material which is removed from land, including plant waste material removed from stream banks, for the purpose of rendering the land useful for residential, commercial, or industrial development. "Land clearing waste" also includes the plant waste material generated during the clearing of land for new agricultural development.
(7) "Landscape waste" means any plant waste material, except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, and crop residues.
(8) “O.A.C." means the Ohio Administrative Code and all provisions contained therein.
(9) "Ohio EPA" means the Ohio Environmental Protection Agency Director or agencies delegated authority by the Director of the Ohio Environmental Protection Agency pursuant to Ohio R.C. Section 3704.03 or the Chief of any Ohio Environmental Protection Agency District Office.
(10) "Open burning" means the burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.
For the purposes of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit escape of exhaust gas are open. Open burning does not include road flares, smudgepots, chimneas and/or similar devices associated with safety or occupational uses typically considered open flames or recreational fires.
(11) "Recreational Fire" means an outdoor fire for burning materials, other than garbage or rubbish, where the material being burned is not contained in an incinerator, outdoor fireplace, chimnea, barbecue grill or barbecue pit and has a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
Note: "Bonfire" means an outdoor fire utilized for ceremonial purposes, (OAC 1301:7-7-04)
(12) "Residential waste" means any waste material, including landscape waste, generated on a one-, two- or three-family residence as a result of residential activities, but not including garbage.
(13) "Restricted area" means the area within the boundary of any municipal corporation established in accordance with the provisions of Title 7 of the Ohio Revised Code, plus a zone extending 1,000 feet beyond the boundaries of any such municipal corporation having a population of 1,000 to 10,000 persons and a zone extending one mile beyond any such municipal corporation having a population of 10,000 persons or more according to the latest federal census.
(14) "Unrestricted area" means all areas outside the boundaries of a restricted area as defined in paragraph (13) hereof.
(Ord. 07-12. Passed 9-27-07.)