(A) For the purpose of this section the following words and phrases shall have the following meanings ascribed to them respectively.
GARBAGE. Any matter resulting from the handling, processing, preparation, cooking, and consumption of food or food products.
LANDSCAPE WASTE. Any vegetable or plant matter except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, and crop residues.
OPEN BURNING. The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air without passing through a stack or chimney from an enclosed chamber. For purposes of this definition, an enclosed chamber is one which has only those ducts, stacks, or chimneys necessary to provide combustion air and to permit the escape of exhaust gas. The burning of any materials in metal cans, barrels, containers, wire baskets, or any homemade device is open burning. The burning of materials in incinerators is open burning. The burning of materials in incinerators is governed by Ohio Environmental Protection Agency Regulation EP-11-09.
(B) No person shall cause or allow open burning within the village, except as provided in § 92.05(C) and (E).
(C) (1) Open burning shall be allowed for the following purposes without notification to or permission from the Fire Chief and authorization from the Ohio Division of Forestry, Hamilton County Environmental Services, and the Ohio Environmental Protection Agency:
(a) Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers, 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.
(2) Fires allowed by division (C) shall not be used to burn garbage, landscape waste, or any other waste material, and shall be a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height of minimum size sufficient for their intended purpose and shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. The fuel used shall be 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.
(3) Recreational fires conducted in gas-fired recreational pits and portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material.
(4) The Fire Chief may issue a ban on open burning, recreational fires, or the use of portable outdoor fire places at any time when conditions warrant, including during times when the state fire marshal has issued a ban as long as the local ban does not contradict the ban issued by the state fire marshal.
(D) (1) Open burning shall be permitted after first obtaining a permit from the Fire Chief, and authorization from the Ohio Division of Forestry and Hamilton County Environmental Services, for the following purposes:
(a) Prevention or control of disease or pests.
(b) Ceremonial purposes. Ceremonial fires shall be less than five feet by five feet and shall burn no longer than three hours.
(c) Recognized horticultural, silvicultural, range, or wildlife management purposes.
(2) Fires allowed by division (D) shall not be used to burn garbage, landscape waste, or any other waste material. The fuel used shall be a clean fuel, that is, a fuel chosen to minimize the generation and emission of air contaminants such as clean, seasoned firewood or equivalent.
(E) Open burning shall be permitted after first receiving a permit from the Fire Chief and authorization from the Ohio Division of Forestry, Hamilton County Environmental Services, and the Ohio Environmental Protection Agency for the purposes set forth in divisions (1) through (3) of this division (E), provided, however, that the Fire Chief will not issue the permit where such burning shall be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The Fire Chief shall order the extinguishment of any open fire, by the permit holder, or the Fire Department, where the fire adds to or creates a hazardous or objectionable condition.
(1) Disposal of hazardous or toxic materials where the Ohio Environmental Protection Agency determines that there is no practical alternate method of disposal.
(2) Instruction in methods of fire-fighting or for research in the control of fire.
(3) In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio Environmental Protection Agency.
(F) Applications for an open burning permit, as provided for in this section, shall be made in writing at least ten days prior to the fire being set and shall be in such form and contain such information as the Fire Chief may require. Such application shall include authorization for open burning from the Ohio Division of Forestry and the Hamilton County Environmental Services and describe the purpose of the burning, the nature and quantity of material to be burned, the date of the burning, the location of the bum site, and the on-site fire-extinguishing equipment to be provided.
('80 Code, § 91.10) (Ord. 6-74, passed 2-25-74; Am. Ord. 06-97, passed 4-28-97; Am. Ord. 06-21, passed 4-19-21) Penalty, see § 92.99