1503.03 RESTRICTIONS; NOTICE AND PERMISSION.
   (a)   No person shall cause or allow open burning in the Municipality, except as provided in subsections (b) through (d) herein.
   (b)   Open burning shall be allowed for the following purposes without notification to or permission from the Ohio EPA:
      (1)   Cooking for human consumption.
      (2)   Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers, smudge pots and similar occupational needs.
   Fires allowed by subsection (b)(1) and (2) hereof 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.
   Fires allowed by subsection (b)(1) hereof shall meet the following requirements:
      (1)   Notification of the Fire Department is requested prior to any fire being kindled.
      (2)   No person shall kindle or maintain a fire or authorize any fire to be kindled or maintained unless:
         (a)   The location is not less than fifty (50) feet frown any structure or motor vehicle on adjacent property, and adequate provision is made to prevent fire from spreading to within fifty (50) feet of any structure or motor vehicle.
         (b)   Fires in approved containers shall be permitted, provided that such fires are not less than fifteen (15) feet from any structure.
         (c)   The fire shall be constantly attended by a competent person until such fire is extinguished. This person shall have fire extinguishing equipment readily available.
         (d)   The fire shall be limited in size to three (3) foot by three (3) foot.
      (3)   The Fire Department shall prohibit open burning that will be offensive or objectionable due to Smoke or odor emissions when atmospheric conditions make such fires hazardous or endangering to persons. The Fire Department shall order the extinguishment of any open burning which it determines to be hazardous or endangering to persons.
   (c)   Open burning shall be allowed for the following purposes with prior notification to the Ohio EPA as provided by Ohio Administrative Code 3745-19-05:
      (1)   Prevention or control of disease or pests, with written or verbal verification to the Ohio EPA from the local Health Department, cooperative extension service, Ohio Department of Agriculture, or U.S. Department of Agriculture, that open burning is the only appropriate disposal method.
      (2)   Ceremonial purposes. Ceremonial fires shall be less than five (5) feet by five (5) feet in dimension and shall burn no longer than three (3) hours.
   (d)   Open burning shall be allowed for the following purpose with prior written permission from the Ohio EPA as provided by Ohio Administrative Code 3745-19-05
      (1)   Recognized silvicultural, range or wildlife management practices.
 
   Fires allowed by subsection (c)(1) to (3) hereof shall not be used for waste disposal purposes, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
               (1)   Open burning shall be allowed for the following uses upon receipt of written permission from the Ohio EPA as provided by Ohio Administrative Code 3745--19-05, provided that any conditions specified in the permission are followed:
         A.   Disposal of hazardous or toxic materials where the Ohio EPA determines that there its no practical alternate method of disposal.
         B.   Instruction in methods of fire fighting or for research in the control of fires.
         C.   In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio EPA.
         D.   Recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production. (OAC 3745-19-03)
                     (Ord. 2016-90. Passed 9-21-16.)