§ 51.08  REGULATION OF OPEN BURNING.
   (A) Unless otherwise permitted in division (C) below, open burning of combustible materials, including, but not limited to, garbage, household refuse, flammable liquids, petroleum products, rubber products, recyclables, construction and/or demolition materials, yardwaste and/or leaves, is prohibited within the municipal limits of the city.
   (B)   For purposes of this section, OPEN BURNING shall mean the combustion of any matter in the open, in a burn container or in an open pit or dump where the products of combustion are emitted into the open air without passing through a stack or chimney, or combustion occurs in a device other than a state approved incinerator.
   (C)   The following open burning is permissible within the city limits, subject to the restrictions set forth in division (D) below:
      (1)   Controlled burns conducted by the City Fire Department;
      (2)   Bonfires approved by the City Board of Public Works and Safety;
      (3)   Recreational campfires in open in ground pits or decorative metal containers designed for campfires; and
      (4)   Charcoal or gas burning grills designed for cooking.
   (D)   Open burning, as permitted in divisions (C)(2) and (C)(3) above, is subject to the following restrictions.
      (1)   Only natural wood products shall be burned.
      (2)   Fire shall be attended at all times until all materials are completely extinguished.
      (3)   If a fire creates a nuisance or air pollution problem (excessive smoke or offensive odors) affecting the peace and quiet enjoyment of surrounding properties, or if a fire creates a fire hazard to surrounding properties due to blowing embers, and fire and/or law enforcement authorities receive at least two complaints from different surrounding property owners about the fire, the fire shall be investigated by fire and/or law enforcement authorities. If it is determined by the responding fire or law enforcement authorities that the fire is creating a health or safety risk, the fire shall be extinguished at the direction of the responding fire or law enforcement authorities.
      (4)   No burning shall be conducted during unfavorable conditions such as temperature inversions, high winds, air stagnation or dangerously dry conditions.
      (5)   Any person who conducts open burning assumes all risk of personal injury or property damage arising from or related to such open burning, and shall be liable for expenses related to fire and emergency personnel responding to an emergency arising from or related to such open burning.
      (6)   Burning may not occur on an owner’s property any closer than ten feet from an adjoining owner’ property line.
      (7)   No burning is permitted at the location of apartment complexes or mobile home parks due to density of residences and/or reduced lot sizes.
(Ord. 2009-11, passed 10-6-2009; Ord. 2013-12, passed 11-19-2013)