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Elyria, OH Code of Ordinances
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521.09 NOXIOUS OR OFFENSIVE ODORS.
   (a)   No person shall erect, continue to use, or maintain a building, structure, or place for the exercise of a trade, employment, or business or for keeping or feeding an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort, or property of individuals or of the public.
   (b)   No person shall cause or allow offal, filth, or noisome substances to be collected or remain in any place to the damage or prejudice of others or of the public.
   (c)   No person shall unlawfully obstruct or impede the passage of a navigable river, harbor, or collection of water, or corrupt or render unwholesome or impure a watercourse, stream of water, or unlawfully divert such watercourse from its natural course or state to the injury or prejudice of others.
   (d)   Persons who are engaged in agriculture-related activities, as "agriculture" is defined in Ohio R.C. 519.01, and who are conducting those activities outside the Municipality, in accordance with generally accepted agricultural practices, and in such a manner so as not to have a substantial, adverse effect on the public health, safety, or welfare, are exempt from divisions (a) and (b) above and from any ordinances, resolutions, rules, or other enactments of the Municipality that prohibit excessive noise.
(ORC 3767.13)
   (e)   Whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 3767.99(C))
521.10 PUBLIC NUISANCES.
   (a)   Notice to Abate; Compliance.
      (1)   No person shall suffer, permit or allow to exist within the City any act, thing or condition of a kind which has been or may hereafter be defined by ordinance as a public nuisance.
      (2)   Whenever a public nuisance exists, the Safety-Service Director shall direct the appropriate City department or division to cause the owner, tenant or person in charge of such property upon which such public nuisance exists to be served with a notice to abate the public nuisance. Compliance shall be required within not less than three days after receipt of such notice. Such notice shall be personally served upon the owner, tenant or person in charge of the premises. If such notice is not able to be served personally on the owner, tenant or person in charge, such notice shall be posted in a conspicuous place in or about the premises affected by the notice and such notice shall be mailed to the person who did not receive personal service by certified U.S. Mail, return receipt requested, and regular U.S. Mail, evidenced by certificate of mailing, to his or her last known address. Such service shall be deemed received three days after posting or three days after mailing, whichever is later. Service of such notice in the foregoing manner upon the owner's agent or upon the person in charge of the premises shall constitute service of notice upon the owner.
      (3)   Whoever fails to comply with such notice shall be deemed guilty of a minor misdemeanor and each day of such noncompliance shall constitute a separate offense. A second offense for violation of this section within six months is a misdemeanor of the fourth degree and each day of such noncompliance shall constitute a separate offense.
(Ord. 97-102. Passed 5-19-97.)
   (b)   Public Nuisance Defined. The following shall be deemed to constitute a public nuisance within the City:
      (1)   The erection, continuance, use or maintenance of a building, structure, place or property for the operation or exercise of a trade, employment or business, or the keeping or feeding of any animal, either upon public or private real property, which, by causing noxious exhalations, noise disturbances, or offensive smells becomes injurious to the health, comfort or property of any person or the public, or which causes damage to any person or property of any person or the public;
(Ord. 74-174. Passed 6-17-74; Ord. 2011-68. Passed 6-6-11.)
      (2)   The storage of a motor vehicle unlicensed or three years old or older, extensively damaged, such damage including but not limited to, missing wheels, tires, motor or transmission, apparently inoperable and having a fair market value of one thousand five hundred dollars ($1,500.00) or less upon public or private property for more than five days without being stored within an enclosed garage or obscured from public view. The notice required by division (a) of this section shall also be posted in a conspicuous place upon the motor vehicle. The appropriate City department or division directed by the Safety-Service Director to serve such notice shall be deemed to have permission to enter upon such premises to post the notice upon the motor vehicle. Posting of such notice upon the motor vehicle shall be deemed service upon the owner and the person having possession of the motor vehicle. Three days after service of notice as provided in division (a) of this section, such motor vehicle shall be deemed to be stored without permission of the person having the right to possession of the property and "a nuisance motor vehicle" under this section, subject to being impounded as provided in Section 303.08.
(Ord. 78-232. Passed 10-16-78; Ord. 2001-114. Passed 7-9-01.)
      (3)   The storage of garbage and/or offal, which means and includes all refuse and waste of animals, fish, fowl, fruit and vegetable matter or other accumulations in the use and preparation of food for the table, or which has been discarded and abandoned and is of no future use or value to the owner for domestic consumption, contrary to the rules and regulations of the City Department of Health;
      (4)   The suffering, permitting, allowing to remain or maintaining of rubbish, refuse or junk, which includes is not limited to wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, weeds, paper, circulars, handbills, boots, shoes or ashes, or discarded or abandoned iceboxes, refrigerators, washing machines or other airtight or semi-airtight containers, or any other waste material upon public or private property contrary to these Codified Ordinances or regulations of the Department of Health; and
      (5)   The maintenance or allowance of building materials upon public or private property constitutes a public nuisance if such building materials, which include all residue from building construction and new building materials, are not removed or utilized in construction within thirty days after such materials are placed upon a premises. However, if construction is initiated upon such premises and such building materials are to be used in the construction, then such building materials shall be allowed to remain upon such premises for a period of time not to exceed thirty days after the completion of the construction. For the purpose of the prevention of rodents and other unsanitary conditions, any storage of building materials or deposit of the same upon any property shall consist of building materials being placed at least six inches off the ground at any time.
(Adopting Ordinance)
      (6)   The accumulation or stockpiling of scrap tires on the open ground or in any container on public or private property by any person in violation of any Federal, State or local law, rule or regulation or Health Department order, rule or regulation.
(Ord. 99-269. Passed 11-15-99.)
      (7)   The storage, suffering, permitting, allowing to remain or maintaining of scrap tires on the open ground or in any type of container or vehicle or trailer on any public or private property; or the storage of scrap tires on or in public or private property in violation of any Federal, State or local law, rule or regulation; or in violation of any order or regulation of the Health Department Board of Health as authorized in Sections 157.02 and 157.03 of the Administrative Code. The registered owner, lessee or any other person in control of any vehicle or trailer containing scrap tires shall be presumed to have allowed the existence of said nuisance.
(Ord. 2000-48. Passed 3-20-00.)
   (c)   Enforcement. Whenever any public nuisance exists, upon his own action or at the request of Council, the Law Director may institute proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement or abatement of the public nuisance. This section shall not relieve any person from criminal prosecution or punishment under these Codified Ordinances or any other criminal law enforced in the City.
   (d)   Remedy of City. If the owner or person having charge of any premises within the City upon which exists a public nuisance fails to comply with any notice established herein or fails to prohibit the existence of such public nuisance, the City has the authority to take whatever action is necessary to abate the public nuisance, including, but not limited to, entering upon any public or private property, and expending or furnishing labor and materials necessary to abate the public nuisance. All such expenses and costs shall be paid out of City funds appropriated therefor, and the City shall thereafter report such expenses to the County Auditor. Such amounts shall thereupon be entered upon the tax duplicate and be a lien upon such lands from and after the date of the entry thereon, and shall be collected as other taxes and returned to the City when so collected.
(Ord. 2004-154. Passed 10-18-04.)
521.11 SWIMMING PROHIBITED IN BLACK RIVER.
   (a)   Swimming in any portion of Black River in the corporate limits of the City is hereby prohibited.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 84-23. Passed 1-17-84.)
521.12 HAZARDOUS SUBSTANCES.
   (a)   Pursuant to Ohio R.C. 3745.13, the City, or any department thereof, when an emergency action is required to protect the public health or safety or the environment, shall charge any person who is responsible for causing or allowing an unauthorized spill, release or discharge of material into or upon the environment, for the necessary and reasonable, additional or extraordinary costs the City or any department thereof incurs in investigating, mitigating, minimizing, removing or abating the spill, release or discharge in the course of an emergency action, provided the criteria and methods prescribed under 40 C.F.R. 300, as amended, are utilized and adhered to.
(Ord. 89-43. Passed 2-21-89.)
   (b)   Wherever such described operations are undertaken at the request of another political subdivision of the State, the affected subdivision will be responsible for all costs.
   (c)   All moneys collected per this section shall be deposited in the General Fund of the City.
   (d)   Hazardous substances shall include and be regulated by regulations enacted pursuant to Section 18 of the Occupational Safety and Health Act (29 U.S.C. 651 et seq.) and more specifically controlled by regulation 1910.1200-Hazard Communication, commonly known as the "Right to Know" regulation, a copy of which is attached to original Ordinance 86-253, passed December 15, 1986, as Exhibit "A", and incorporated in this section as if fully rewritten herein.
(Ord. 86-253. Passed 12-15-86.)
521.13 OPEN BURNING.
   (a)   (1)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         A.   “Agricultural waste.” 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 (including dismantled/fallen barns); 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.
         B.   “Air curtain burner.” An engineered apparatus consisting of a motorized high-velocity fan and an air distribution system designed to aid in the efficient combustion of materials placed in a manufactured steel structure and for which a permit-to- install has been obtained as required in O.A.C. Chapter 3745-31 and a permit-to-operate has been obtained as required in O.A.C. Chapter 3745-77.
         C.   “Air curtain destructor.” An engineered apparatus consisting of a motorized high-velocity fan and an air distribution system designed to aid in the efficient combustion of materials placed in an adjacent pit. An air curtain burner may be used in place of an air curtain destructor, but an air curtain destructor may not be used in place of an air curtain burner.
         D.   “Economic poisons.” Include but are not restricted to pesticides such as insecticides, fungicides, rodenticides, miticides, nematocides and fumigants; herbicides; seed disinfectants; and defoliants.
         E.   “Emergency burning.” The burning of clean wood waste or deceased animals caused by a natural disaster or an uncontrolled event such as the following:
            1.   A tornado.
            2.   High winds.
            3.   An earthquake.
            4.   An explosion.
            5.   A flood.
            6.   A hail storm, a rain storm, or an ice storm.
         F.   “Garbage.” Any waste material resulting from the handling, processing, preparation, cooking and consumption of food or food products.
         G.   “Inhabited building.” Any inhabited private dwelling house and any public structure which may be used as a place of resort, assembly, education, entertainment, lodging, trade, manufacture, repair, storage, traffic, or occupancy by the public. Examples would include, but are not limited to, highway rest stops, restaurants, motels, hotels and gas stations.
         H.   “Land clearing waste.” Plant waste material which is removed from land, including plant waste material removed from stream banks during projects involving more than one property owner, 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.
         I.   “Landscape waste.” Any plant waste material, except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, and crop residues.
         J.   “Ohio EPA.” The Ohio Environmental Protection Agency Director or agencies delegated authority by the Director of the Ohio Environmental Protection Agency pursuant to R.C. § 3704.03 or the Chief of any Ohio Environmental Protection Agency District Office.
         K.   “Open burning.” The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney. Open burning includes the burning of any refuse or salvageable material in any device not subject to or designed specifically to comply with the requirements of O.A.C. 3745-17-09 or O.A.C. 3745-17-10.
         L.   “Residential waste.” Any waste material, including landscape waste, generated on the property of a one-, two- or three-family residence as a result of residential activities, but not including garbage, rubber, grease, asphalt, liquid petroleum products, or plastics.
         M.   “Restricted area.” The area within the boundary of the municipality, plus a zone extending 1,000 feet beyond the boundaries of a municipality having a population of 1,000 to 10,000 persons and a zone extending one mile beyond any municipality having a population of 10,000 persons or more according to the latest federal census.
         N.   “Unrestricted area.” All areas outside the boundaries of a restricted area as defined in this section.
      (2)   Referenced materials. This subchapter includes references to certain matter or materials. The text of the referenced materials is not included in the legislation contained in this subchapter. Information on the availability of the referenced materials as well as the date of, and/or the particular edition or version of the material is included in this legislation. For materials subject to change, only the specific versions specified in this legislation are referenced. Material is referenced as it exists on the effective date of this legislation. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not applicable unless and until this section has been amended to specify the new dates.
         A.   Availability. The referenced materials are available as follows:
            1.   Clean Air Act. Information and copies may be obtained by writing to: Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954. The full text of the act as amended in 1990 is also available in electronic format at www.epa.gov/oar/caa/. A copy of the act is also available for inspection and use at most public libraries and the State Library of Ohio.
            2.   Code of Federal Regulations (C.F.R.). Information and copies may be obtained by writing to: Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954. The full text of the C.F.R. is also available in electronic format at http://www.ecfr.gov. The C.F.R. compilations are also available for inspection and use at most public libraries and the State Library of Ohio.
            3.   National Fire Protection Association. Information on the National Fire Protection Association codes may be obtained by contacting the Association at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, 617-770-3000. Codes may be ordered at www.nfpa.org/catalog/home/index.asp. Copies of the code exist or are available at most public libraries and the State Library of Ohio.
         B.   Referenced materials.
            1.   40 C.F.R. § 60.2974: “Am I required to apply for and obtain a title V operating permit for my air curtain incinerator that burns only wood waste, clean lumber, and yard waste?” as published in the July 1, 2012 Code of Federal Regulations.
            2.   40 C.F.R. § 60.3069: “Am I required to apply for and obtain a title V operating permit for my air curtain incinerator that burns only wood waste, clean lumber, and yard waste?” as published in the July 1, 2012 Code of Federal Regulations.
            3.   NFPA publication 1403: “Standard on Live Fire Training Evolutions, Chapter 4, Acquired Structures” published April 30, 2007.
            4.   Section 129 of the Clean Air Act, contained in 42 U.S.C. § 7429: “Solid waste combustion” published January 2, 2006 in Supplement V of the 2000 Edition of the United States Code.
(OAC 3745-19-01)
   (b)   Relation to Other Laws.
      (1)   Notwithstanding any provision in OAC Chapter 3745-19, no open burning shall be conducted in an area where an air alert, warning or emergency under OAC Chapter 3745-25 is in effect.
      (2)   No provisions of OAC Chapter 3745-19 permitting open burning, and no permission to open burn granted by the Ohio EPA, shall exempt any person from compliance with any section of the Ohio Revised Code, or any regulation of any state department, or any local ordinance or regulation dealing with open burning.
(OAC 3745-19-02)
   (c)   Open Burning in Restricted Areas.
      (1)   No person or property owner shall cause or allow open burning in a restricted area except as provided in divisions (c)(2) to (c)(4) of this section or in Ohio R.C. 3704.11.
      (2)   Open burning shall be allowed for the following purposes without notification to or permission from the Ohio EPA:
         A.   Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs.
         B.   Bonfires, campfires and outdoor fireplace equipment, whether for cooking food for human consumption, pleasure, religious, ceremonial, warmth, recreational, or similar purposes, if the following conditions are met:
            1.   They are fueled with clean seasoned firewood, natural gas or equivalent, or any clean burning fuel with emissions that are equivalent to or lower than those created from the burning of seasoned firewood;
            2.   They are not used for waste disposal purposes; and
            3.   They shall have a total fuel area of three feet or less in diameter and two feet or less in height.
         C.   Disposal of hazardous explosive materials, military munitions or explosive devices that require immediate action to prevent endangerment of human health, public safety, property or the environment and that are excluded from the requirement to obtain a hazardous waste permit pursuant to O.A.C. 3745-50-45(D)(1)(d).
         D.   Recognized training in the use of fire extinguishers for commercial or industrial fire prevention.
         E.   Fires set at the direction of federal, state, and local law enforcement officials for the purpose of destruction of cannabis sativa (marijuana) plant vegetation, processed marijuana material and/or other drugs seized by federal, state, or local law enforcement officials.
         F.   Fires allowed by divisions (c)(2)A., (c)(2)B., and (c)(2)D. of this section shall not be used for waste disposal purposes and shall be of minimum size sufficient for their intended purpose; the fuel shall be chosen to minimize the generation and emission of air contaminants.
      (3)   Open burning shall be allowed for the following purposes with prior notification to the Ohio EPA in accordance with division (d)(2) of this section:
         A.   Prevention or control of disease or pests, with written or verbal verification to the Ohio EPA from the Ohio Department of Health or local health department, the Centers for Disease Control and Prevention, cooperative extension service, Ohio Department of Agriculture or U.S. Department of Agriculture, that open burning is the only appropriate disposal method.
         B.   Bonfires or campfires used for ceremonial purposes that do not meet the requirements of division (c)(2)B. of this section, provided the following conditions are met:
            1.   They have a total fuel area no greater than five feet in diameter by five feet in height and burn no longer than three hours;
            2.   They are not used for waste disposal purposes; and
            3.   They are fueled with clean seasoned firewood, natural gas or equivalent, or any clean burning fuel with emissions that are equivalent to or lower than those created from the burning of seasoned firewood.
         C.   Disposal of agricultural waste generated on the premises if the following conditions are observed:
            1.   The fire is set only when atmospheric conditions will readily dissipate contaminants;
            2.   The fire does not create a visibility hazard on the roadways, railroad tracks, or air fields;
            3.   The fire is located at a point on the premises no less than 1,000 feet from any inhabited building not located on said premises;
            4.   The wastes are stacked and dried to provide the best practicable condition for efficient burning; and
            5.   No materials are burned which contain rubber, grease, asphalt, liquid petroleum products, plastics or building materials.
      (4)   Open burning shall be allowed for the following purposes upon receipt of written permission from the Ohio EPA, in accordance with division (d)(1) of this section, provided that any conditions specified in the permission are followed:
         A.   Disposal of ignitable or explosive materials where the Ohio EPA determines that there is no practical alternate method of disposal, excluding those materials identified in division (c)(2)C. of this section;
         B.   Instruction in methods of fire fighting or for research in the control of fires as recognized by the State Fire Marshal Division of the Ohio Department of Commerce and the guidelines set forth in the National Fire Protection Association’s (NFPA) publication 1403, Standard on Live Fire Training Evolutions, Chapter 4, Acquired Structures, provided that the application required in division (d)(1)A. of this section is submitted by the commercial or public entity responsible for the instruction;
         C.   In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Director and performed as identified in the appendix to O.A.C. 3745-19-03. If deemed necessary, the open burning may be authorized with prior oral approval by the Director followed by the issuance of a written permission to open burn within seven working days of the oral approval;
         D.   Recognized horticultural, silvicultural, range, or wildlife management practices; and
         E.   Fires and/or pyrotechnic effects, for purposes other than waste disposal, set as part of commercial film-making or video production activities for motion pictures and television.
(OAC 3745-19-03)
   (d)   Permission to Individuals and Notification to the Ohio EPA.
      (1)   Permission.
         A.   An application for permission to open burn shall be submitted in writing to Ohio EPA. The applicant shall allow Ohio EPA at least ten working days to review the permit. Applicant may proceed with burn upon receipt of written permission from Ohio EPA. Saturday, Sunday, and legal holidays shall not be considered working days. The application shall be in such form and contain such information as required by the Ohio EPA.
         B.   Except as provided in divisions (d)(1)F. and (d)(1)G. of this section, such applications shall contain, as a minimum, information regarding:
            1.   The purpose of the proposed burning;
            2.   The quantity or acreage and the nature of the materials to be burned;
            3.   The date or dates when such burning will take place;
            4.   The location of the burning site, including a map showing distances to residences, populated areas, roadways, air fields, and other pertinent landmarks; and
            5.   The methods or actions which will be taken to reduce the emissions of air contaminants.
         C.   Permission to open burn shall not be granted unless the applicant demonstrates to the satisfaction of the Ohio EPA that open burning is necessary to the public interest; will be conducted in a time, place, and manner as to minimize the emission of air contaminants, when atmospheric conditions are appropriate; and will have no serious detrimental effect upon adjacent properties or the occupants thereof. The Ohio EPA may impose such conditions as may be necessary to accomplish the purpose of O.A.C. Chapter 3745-19.
         D.   Except as provided in division (d)(1)F. of this section, permission to open burn must be obtained for each specific project. In emergencies where public health or environmental quality will be seriously threatened by delay while written permission is sought, the fire may be set with oral permission of the Ohio EPA.
         E.   Violations of any of the conditions set forth by the Ohio EPA in granting permission to open burn shall be grounds for revocation of such permission and refusal to grant future permission, as well as for the imposition of other sanctions provided by law.
         F.   The Ohio Department of Commerce, Division of State Fire Marshal, may request permission to open burn on an annual basis for the purpose of training firefighters on pre-flashover conditions using the Ohio Fire Academy’s mobile training laboratory at either the academy or at other training sites in Ohio. The annual application required pursuant to division (d)(1)A. of this section shall contain information as required in division (d)(1)B. of this section, except the information required in divisions (d)(1)B.3. and (d)(1)B.4. of this section need not be provided unless it is available at the time of submittal of the application. The Academy shall contact the appropriate Ohio EPA District Office or local air agency at least five working days before each training session of the date or dates when the training session will take place and its location. Saturday, Sunday, and legal holidays shall not be considered a working day.
         G.   For open burning defined under division (c)(4)B. of this section and O.A.C. 3745-19-04(C)(2), permission to open burn shall not be granted unless the applicant provides proof of written notice of intent to demolish received by the appropriate Ohio EPA field office in accordance with O.A.C. 3745-20-03.
      (2)   Notification.
         A.   Notification shall be submitted in writing at least ten working days before the fire is to be set. Saturday, Sunday, and legal holidays shall not be considered a working day. It shall be in such form and contain such information as shall be required by the Ohio EPA.
         B.   Such notification shall inform the Ohio EPA regarding:
            1.   The purpose of the proposed burning;
            2.   The nature and quantities of materials to be burned;
            3.   The date or dates when such burning will take place; and
            4.   The location of the burning site.
         C.   The Ohio EPA, after receiving notification, may determine that the open burning is not allowed under O.A.C. Chapter 3745-19 and the Ohio EPA shall notify the applicant to this effect.
(OAC 3745-19-05)
   (e)   Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. In addition, the offender shall be required to pay the cost of proper disposal of the materials burned. The cost of proper disposal of the materials burned shall be the amount it would have cost to dispose of the materials in a manner that is consistent with the air, water and solid waste laws, ordinances and regulations of the Municipality and the State.
521.14 RECREATIONAL FIRES.
   (a)   Definitions And Restrictions. As used in this section
      (1)   "Allowable burning." Recreational fires shall be allowed without prior notification to the code official for recreational fires, highway safety flares, smudge pots and similar occupational uses typically considered open flames or recreational fires.
      (2)   "Attendance." Open burning, bonfires or recreational bonfires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with O.A.C. 1301:7-7-09(F)(906) with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
      (3)   "Authorization." Where required by State or local law or regulations, open burning shall only be permitted with prior approval from the State or local air and water quality management authority, provided that all conditions specified in the authorization are followed.
      (4)   A.   "Bonfire." An outdoor fire utilized for ceremonial purposes.
         B.   A bonfire shall not be conducted within 50 feet (15,240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions which could cause a fire to spread within 50 feet (15,240 mm) of a structure shall be eliminated prior to ignition.
      (5)   "Permit required." A permit shall be obtained from the Fire Code Official in accordance with O.A.C. 1301:7-7-01 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.
      (6)   "Prohibited open burning." Open burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous, shall be prohibited. The Fire Code Official is authorized to order the extinguishment by the permit holder or the Fire Department of open burning which creates or adds to a hazardous or objectionable situation.
      (7)   A.   "Recreational fire." An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
         B.   Recreational fires shall not be conducted within 25 feet (7,620 mm) of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet (7,620 mm) of a structure shall be eliminated prior to ignition.
   (b)   A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.
   (c)   Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2007-7. Passed 2-20-07.)
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