(A) All trash burning prohibited.
(1) Generally. No person shall kindle or cause to be kindled any trash fire in or upon any street, alley, public way, park, or any public or private ground within the village.
(2) Trash defined. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
TRASH. Rubbish, grass, plastic, construction waste, paper products, industrial waste or any other type of debris.
(B) Open burning is prohibited. Outdoor fires within the corporate limits of the village are prohibited except by Village Board approval or as set forth below.
(1) As defined in NFPA 1 Chapter 10.11.6, for other than one- and two-family dwellings, no grills or devices used for outdoor fires for cooking are authorized to be used above the first story of any building on a balcony, raised porch or platform and the like, except for properly maintained liquid petroleum or liquid natural gas outdoor cooking appliances that have tanks no greater than 2.7 pound water capacity or 1.02 pound LP gas capacity.
(2) No recreational fires may be started or allowed to continue burning unless such recreational fire is fully contained within an approved fire pit or outdoor fireplace.
(a) An approved fire pit is any below ground dug pit not greater than 48 inches inside diameter (inside edge of the pit to inside edge); lined with non-combustible material, soil, metal, or stone; a minimum of six inches deep; and ringed on the outer diameter with metal, stone, brick, or concrete.
(b) An outdoor fireplace is any commercially available fireplace designed to contain a wood fire when operated according to manufacturer’s instructions with all lids, screens, and spark arresting devices in place; or permanent structure built entirely of noncombustible materials designed with spark arrestors and screens to contain a wood fire.
(3) No fire pit shall be closer than 25 feet from any dwelling, building structure, shed, or garage or closer than ten feet from any wooden fence, deck, or combustible material. Commercially available outdoor fireplaces must be placed on a noncombustible surface and shall not be within ten feet of any structure or combustibles. All recreational fires are to be set back a minimum of six feet from adjoining property lines.
(4) No recreational fire shall be started or allowed to continue burning when the wind direction or wind speed will cause embers or other burning material to be carried onto any building or combustible material; nor any time that the wind direction will carry smoke into the open windows of any building. Smoke from any recreational fire shall not create a nuisance for neighboring properties and fires shall be completely extinguished when Police or Fire Department investigation determines a nuisance is present.
(5) Fuel for outdoor recreational fires shall consist of natural wood or manufactured fire log material only and may not include rubbish, garbage, trash, construction materials, any materials made of or coated with rubber or plastic, leather, or petroleum based materials. Flammable or combustible liquids may not be used to aid in starting any outdoor fire. Flammable or common/standard dry kindling materials may be used to aid in starting any outdoor fire.
(6) Size: all lawfully allowed burning fuel must be contained within the confines of the burning pit or outdoor fireplace. The amount of fuel is to be monitored so as not to allow flames to exceed five feet in height from the surrounding ground or surface.
(7) Recreational fires shall be constantly attended and supervised by a competent person at least 16 years of age with an adult present in the home or on the property until the fire has been completely extinguished. The means for extinguishing any fire (as deemed necessary by the Fire Chief) must be kept immediately available at all times when a recreational fire is burning. Proper fire extinguishing equipment includes: a garden hose, shovels, water buckets, or an ABC rated fire extinguisher at least ten pounds capacity.
(8) Any party who starts or maintains a recreational fire that is allowed to burn out of control shall be held responsible for paying any costs associated with fire control efforts to extinguish the fire.
(9) Recreational fires shall be permitted only from 7:00 a.m. to 12:00 a.m.
(C) Leaf burning. Leaves may be burned in the rear setback only from 8:00 a.m. to 6:00 p.m. and while attended continuously by an adult. No leaf burning will be allowed when the wind direction or wind speed will cause embers or other burning material to be carried onto any building or combustible material; nor any time that the wind direction will carry smoke into the open windows of any building. Smoke from any recreational fire shall not create a nuisance for neighboring properties and fires shall be completely extinguished when Police or Fire Department investigation determines a nuisance is present.
(D) Controlled burning by the Fire Department. Controlled burning by the Fire Department is permitted.
(Prior Code, § 9.12) (Ord. 09-2014, passed 9-12-2014; Ord. 06-2016, passed 11-10-2016) Penalty, see §
130.999