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(a) An application for permission to open burn shall be submitted in writing at least ten days before the fire is to be set. It shall be in such form and contain such information as required by the Ohio Environmental Protection Agency or the Fire Department.
(b) Such application shall contain, as a minimum, information regarding:
(1) The purpose of the proposed burning;
(2) The nature and quantities of material 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;
(5) The methods or actions which will be taken to reduce the emission of air contaminants; and
(6) The on-site fire extinguishing equipment to be provided.
(c) The Ohio Environmental Protection Agency or the Fire Department, after receiving notification, may determine that the open burning is not allowed under this chapter, and the Ohio Environmental Protection Agency or the Fire Department shall notify the applicant to this effect.
(d) Permission to open burn shall not be granted unless the applicant demonstrates to the satisfaction of the Ohio Environmental Protection Agency or the Fire Department that open burning is necessary to the public interest; that it will be conducted in a time, place and manner as to minimize the emission of air contaminants; and that it will have no serious detrimental effect upon adjacent properties or the occupants thereof. The Ohio Environmental Protection Agency or the Fire Department may impose such conditions as may be necessary to accomplish the purpose of this section.
(e) Permission to open burn must be obtained for each specific project. In emergencies where public health or environmental quality will be seriously threatened by a delay while written permission is sought, the fire may be set with oral permission of the Ohio Environmental Protection Agency or the Fire Department.
(f) Violations of any of the conditions set forth by the Ohio Environmental Protection Agency or the Fire Department 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.
(Ord. 142-2003. Passed 6-16-03.)
No person shall kindle or maintain a fire to be used for the preparation of food or for any other purpose in any type of outdoor controlled burning device or portable grill in any apartment or on or below any apartment house balcony or within twenty feet of any structure housing more than two families.
(Ord. 142-2003. Passed 6-16-03.)
Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for a first offense; for a second or subsequent offense, such person is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. In addition, the offender shall be required to pay the cost of proper disposal of the material 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.