OPEN BURNING

§ 90.075 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CONTAINED FIRE. Any fire contained in an incinerator, fireplace or cooking grill or other enclosure designed for outdoor cooking, or fireproof container.

   FIRE. Any fire set or maintained outside of a building.

   PERSON. Any individual, partnership, organization, association, corporation, limited liability company, agency, firm, estate or cooperation and any other legal or commercial entity.

   RESPONSIBLE ADULT. An individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise a fire.

   UNCONTAINED FIRE. Any fire not included in the definition of a "contained fire".

(Ord. 1-11-99-1, passed 9- -1998)

§ 90.076 GENERAL LIMITATIONS ON BURNING.

   (A)   Compliance with subchapter. It shall be unlawful to burn, ignite, incinerate, maintain or permit to burn any materials whatsoever, of whatever nature, without complying with this subchapter. Nothing herein shall be construed to prevent fire fighting training by the Volunteer Fire Department.

   (B)   Public roads and public properties. No person shall set, start, feed, permit to burn or maintain any fire upon any of the streets and/or rights-of-way, sidewalks, alleys, or public grounds in the town, except where a designated area has been set aside or reserved for this purpose and an appropriate container has been provided to contain the fire.

   (C)   General provisions. Nothing herein shall be deemed to prohibit indoor cooking activities providing that reasonable safeguards are maintained. Cooking grills may be less than 20 feet from a building providing that reasonable safeguards are maintained.

   (D)   Special circumstances. 

      (1)   In the event that it is necessary to have an uncontained fire of a size and/or at times other than permitted under this subchapter, special permission must be obtained in advance from the Town Council.

      (2)   In the event any fire company is required to respond to a fire which violates the provisions of this subchapter, a service fee may be levied by the responding fire company.

(Ord. 1-11-99-1, passed 9- -1998) Penalty, see § 90.999

§ 90.077 TOWN NOT LIABLE FOR DAMAGE.

   (A)   The town and its agents, officials and representatives shall not, under any circumstances, be liable or responsible for damages caused to any person or property by reason of the provisions of this subchapter, or by reason of the conduct of any burning activity in compliance with the terms and provisions of this subchapter.

   (B)   The individual person or party responsible for any fire shall bear sole liability for any damages caused as a result thereof.

(Ord. 1-11-99-1, passed 9- -1998)

§ 90.999 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   Any violation of any provision of § 90.005 shall be subject to a penalty of from $100 to $500.

   (C)   Violation of any provision of § 90.020 shall be deemed an ordinance violation and any person violating the provisions hereof shall be fined an amount not to exceed $2,500 for each independent offense or violation.

   (D)   (1)   Any person who violates any provision of §§ 90.055 through 90.063 shall be subject to a penalty of up to $500. Each day that a violation continues shall constitute a separate offense.

      (2)   Any court situated in the county shall have venue and jurisdiction for the enforcement of §§ 90.055 through 90.063.

      (3)   Sections 90.055 through 90.063 supplement and do not limit any other remedy or action available in law or in equity regarding the subject matter hereof.

      (4)   If the owner fails to pay the sum assessed for the removal and/or cutting of the debris, weeds or rank vegetation within the time prescribed, the Clerk/Treasurer shall file a certified copy of the statement of costs in the Auditor's office of the county, and the Auditor shall place the amount so claimed on the tax duplicate against the lands of the landowner affected by the lien, and the same shall be collected as taxes disbursed to the General Fund of the town.

   (E)   (1)   Sanctions. Any person, whether as principle or agent, who violates §§ 90.075 through 90.077 or assists or abets its violation shall be subject to a civil fine of not less than $50, nor more than $500. Each violation shall constitute a separate offense, for which a summary conviction may be sought.

      (2)   Equitable and other remedies. No penalty herein shall prevent the town from enforcing §§ 90.075 through 90.077 by equitable, injunctive and other remedies.

(Ord. 1-11-99-1, passed 9- -1998; Ord. 7-11-05-1, passed 8-8-2005)