(a) Prohibited; exceptions.
(1) Except as otherwise provided in this section, no person shall cause or permit the open burning of combustible materials, including, without limitation, rubbish, refuse of any kind, grass, leaves, wood, paper, waste, industrial matter and materials of any kind resulting from construction, alteration or demolition of any structure or equipment.
(2) The following shall not be considered open burning within the meaning of this section:
A. Burning of waste material generated on the premises within a permanent, properly ventilated incinerator within an enclosed building, when such incinerator is designed and operated so as to minimize smoke and odors.
B. Campfires using dry wood, coal or charcoal as fuel, provided such campfire is in compliance with all other regulations.
C. Fires in outdoor fireplaces or grills solely for the purpose of cooking food, provided, however, that no such cooking fire shall be used as an incinerator or be permitted to become a nuisance or a source of annoyance or discomfort to any other person by reason of emission of smoke, fumes, fly ash, dust or soot.
D. Small open flames for heating tar, welding equipment, cutting torches and highway safety flares.
(b) Containers for burning; debris. No person shall keep or maintain any container, pit or other device primarily designed for open burning, or keep or maintain any accumulation of rubbish, ashes or other debris resulting from any open burning.
(c) Permits.
(1) A. Upon application to the Manager for an open burning permit, an owner of the property or the general contractor for construction thereon may be issued a permit to burn natural wood, lumber, paper, cardboard and wooden boxes at the construction site.
B. All such open burning shall be supervised by an individual designated by the Manager on a date and at a time designated by such individual. Copies are to be given to the Police and Fire Departments.
(2) For purposes of this section, natural wood means all trees, including a tree stump and limbs, as well as herbaceous material which is cleared from a construction site and the roads or other means of access to such site.
(3) A property owner or the general contractor shall submit a fee of ten dollars ($10.00) with such application for a permit for open burning on the construction site of a one, two or three-family dwelling, and the fee for a permit for all other construction sites shall be twenty dollars ($20.00).
(4) When an air pollution alert, warning or emergency is declared by the Ohio Environmental Protection Agency or any other authority authorized to declare an air pollution alert, and notice of such alert, warning or emergency has been appropriately conveyed to an open burning permit holder, no open burning shall occur pursuant to such permit until such air pollution warning or emergency has subsided and the property owner or the general contractor has been notified accordingly.
(5) The Manager may reject any such application or revoke any such permit when it becomes reasonably necessary, in the opinion of the Manager, to do so in order to protect the health and safety of individuals or the public.
(6) An open burning permit issued hereunder may be revoked by the Manager for a violation of any provision contained herein or any other such provision or rule hereinafter adopted by the municipality for the purpose of protecting the public health and safety.
(7) The Manager shall report in writing to the Director of Environmental Protection of the State of Ohio the number of permits issued, renewed and revoked for the preceding calendar year, the first such report being due on January 31, 1992.
(d) Penalty. Whoever violates any of the provisions of this section, excluding division (c)(7) hereof, shall be guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02.
(Ord. 91-O-1228, passed 4-2-1991)