§ 95.03 EXEMPTIONS.
   The terms and provisions of this subchapter shall not apply to the following:
   (A)   The setting of fires to combat or limit existing fires, when reasonably necessary in the judgment of the local fire protection district.
   (B)   Recreational fires.
      (1)   Fires for the express purpose to cook food for human consumption, such fires shall be contained in grills, charcoal burners, or the like.
      (2)   Fires within a dry stacked stone, masonry, or metal fire pit or ring or within commercially manufactured portable fireplaces, but only if:
         (a)   Location. The location of the stone, masonry, or metal fire pit or ring or commercially manufactured portable fireplace shall be at a safe and reasonable distance from any building, structure, or vehicle and from any container or other source of flammable liquids or vapors. A metal fire ring or commercially manufactured portable fireplace shall not be placed on any combustible surface.
         (b)   Fuel. No garbage, domicile waste or refuse shall be burned. Fuel for such fires shall consist only of dry seasoned wood and a small quantity of paper and lighter fluid for ignition purposes.
         (c)   Attendance. No burning shall take place on private property without the presence and oversight of an adult over 18 years of age. No fires shall be left unattended until entirely extinguished.
   (C)   The controlled burning of ground vegetation for the purpose of establishing, restoring, sustaining or nurturing native prairies.
   (D)   The open burning of brush for purposes of creating a ceremonial fire provided notice of the time, place and location of the proposed ceremonial fire has been given to the village and the local fire protection district. The failure to notify the village and the local fire protection district prior to creating a ceremonial fire shall be deemed to be a violation of this subchapter.
   (E)   The setting of fires in connection with firefighter training.
   (F)   The use of highway flares for roadway improvement purposes or safety purposes.
   (G)   To any property zoned A-1, Agricultural District.
   (H)   The open burning of leaves, tree trimmings, and branches shall be permitted from October 1 to November 30, provided such open burning shall be subject to the following restrictions:
      (1)   Open burning shall occur only on the property upon which the leaves, tree trimmings, and branches waste was generated.
      (2)   Open burning of leaves, tree trimmings, and branches is permitted only on weekdays between the hours of 10:00 a.m. and 7:00 p.m. and weekend days between 9:00 a.m. and 7:00 p.m.
      (3)   There shall be no open burning of leaves, tree trimmings, and branches within 48 hours after any rainfall of more than one-half inch precipitation.
(Ord. 2013-09, passed 7-23-2013; Am. Ord. 2019-06, passed 2-12-2019; Am. Ord. 2023-02, passed 2-14-2023)