(a) (1) Except as provided in division (b) of this section, no person shall kindle, start, maintain or allow to be maintained, an "open outdoor fire". For purpose of this section an "open outdoor fire" shall include any open outdoor fire within the ordinary definition and understanding of said words, and shall include but not be limited to, the outdoor burning of grass, hay, straw, or similar material, as well as commercially available fuel, wood, tree limbs, branches, leaves, trimmings, or any other woody debris, and may also include burning other inappropriate material such as waste, debris, trash, rubbish or garbage, regardless of whether the fire is in the open or contained in a fire ring, burn barrel, outdoor fireplace, trash burner, incinerator, barbecue pit, fire pit or other similar burning container;
(2) No person shall kindle, start, maintain, or allow to be maintained, a garbage fire or rubbish fire. A garbage fire or rubbish fire is an open outdoor fire in which the materials burned are ordinarily found in household garbage and trash, including but not limited to food packaging, cardboard and plastic food containers, as well as putrescible and nonputrescible materials.
(b) The following are specifically exempted from the prohibition in division (a) of this section:
(1) Cooking fire. Outdoor fire used for pleasure, religious, ceremonial, cooking or similar purposes with the fire contained in a fireplace, barbecue grill, barbecue pit, or other similar enclosure specifically designed for outdoor recreation or cooking. Notwithstanding this exception, no outdoor fire is permitted in any type of burn barrel.
(2) Recreational fire. A fire, as defined in Ohio Administrative Code 1301:7-7-03(B)(1)(302.1), to wit: An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbeque pit and has a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
(3) Training. Fires set and maintained for fire fighting training or training fire protection personnel provided all safety precautions required by the Fire Department are met.
(4) Emergency fire. When an emergency is declared, the Mayor may suspend the open burning ban and permit case by case burning subject only to the written or verbal approval of the Fire Department and in accordance with such conditions and restrictions deemed necessary by the Fire Department to protect public health and safety. Any open outdoor fire authorized in this section shall only be used to burn commercially available fuel, wood, tree limbs, branches, leaves, trimmings, or any other woody debris.
(c) The following are the penalties for violations of the provisions of this section:
(1) A violation of division (a)(1) of this section shall be punishable by a fine of up to $300.
(2) A violation of division (a)(2) of this section or a second conviction under division (a)(1) of this section shall be punishable by a fine of up to $600.
(3) A violation of the limitations on exemptions set forth in division (b) of this section or of any special permit condition granted pursuant to this section shall be punishable by a fine of up to $300. A second conviction for violation of the limitations set forth in division (b) of this section or of any special permit condition shall be punishable by a fine of up to $600.
(4) In addition to any fines imposed by the Court, the Court is specifically authorized to order abatement and restitution, as well as community services, not to exceed 48 hours.
(d) (1) The following are listed "enforcement officers" and are hereby specifically authorized by law to make such investigations and inspections as are necessary to enforce the provisions of this section, and to issue violation citations to individuals or entities to appear in the Municipal Court: Any police officer from the Village of Newcomerstown Police Department, Mayor, and such other employee(s) of the Village as are specifically identified in an Order or Resolution of the Village Council.
(2) When it may be necessary to inspect any premises to enforce the provisions of this section, any enforcement officer having reasonable cause to believe that there exists, upon a premises, a condition which is contrary to or in violation of this section, the enforcement officer, in accordance with administrative policy, may enter at reasonable times to inspect or to perform the duties imposed by this section, provided that if such premises be occupied that credentials be presented to the occupant and entry requested. If such premises are unoccupied, the enforcement officer shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If entry is refused, the enforcement officer shall have recourse to the remedies provided by law to secure entry, including specifically an administrative search warrant from the Municipal Court
(e) In case of any conflict between this section, or any part thereof, and the whole or part of any existing Village ordinance, this section shall, in all cases, apply.
(f) If any section, provision, clause, sentence, or paragraph of this section or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
(g) Nothing in this section authorizes or commands or shall be interpreted as authorizing or commanding the performance of an activity which is in violation of any county, state or Federal law or regulation.
(Ord. 8-10. Passed 5-3-10.)