(A) The words LANDSCAPE WASTE, as used in this section, shall mean all accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, gardens, shrubbery, vines and trees.
(B) No person shall burn trash, rubbish, papers or garbage, general household waste or commercial waste or construction or demolition debris within the corporate limits of the village. Only landscape waste may be burned, and it shall be unlawful to burn landscape waste, except in compliance with the regulations set forth in divisions (C), (D) and (E) below.
(C) (1) Burning of landscape waste, by persons who are not burning landscape waste as an agent or employee of the village, is prohibited prior to 7:00 a.m. and after 7:00 p.m. Burning is permitted, subject to the restrictions of division (C)(2) below, only on Wednesday and Thursday of each week and the first and third Saturdays of each month. It shall be unlawful to burn landscape waste in any commercial zoning district within the village.
(2) Regardless of any statement to the contrary, burning of landscape waste is prohibited on the following holidays of each year: New Year’s Day, Fourth of July, Veterans Day, Halloween eve, Thanksgiving Day and Christmas Day.
(D) Agents and employees of the village are permitted to burn landscape waste on village property within the regular working hours of village employees but shall limit, if possible, the number of days that landscape waste will be burned.
(E) The following regulations govern the burning of all landscape waste within the village.
(1) Each fire must be completely extinguished during times when burning is prohibited.
(2) Burning of landscape waste is prohibited when wind air speed is 20 or more mph.
(3) Burning of landscape waste must be supervised, at all times, by a person at least 14 years of age.
(4) Persons burning landscape waste shall do so with due regard for the safety of people and property and shall take appropriate precautions to ensure that the fire is under control at all times.
(5) Burning of landscape waste which has a moisture content that will not allow for an open and visible flame is prohibited.
(6) Burning of landscape waste which has been chemically treated or which produces noxious odors is prohibited.
(7) Burning or dumping of landscape waste upon or within two feet of the paved portion of any street, sidewalk, alley or other public property is prohibited.
(8) Burning of landscape waste permitting excessive smoke, thereby creating a visibility hazard, including, but not limited to, a hazard on any street, sidewalk or alley, is prohibited.
(9) Landscape waste shall not be brought into the village to be burned, nor shall such waste be moved from one site to another within the village, except for cooperative fires between or among adjacent neighbors.
(10) The person or persons starting or supervising a landscape waste fire shall have ready access to a garden hose or other water supply or have ready access to other tools or equipment for use in extinguishing such fire.
(F) No person shall keep or maintain a burn barrel or any other receptacle for use in burning and no person shall burn landscape waste in a burn barrel or other such receptacle.
(G) The Village Police Department is charged with the responsibility of monitoring and enforcing this section. A police officer may order a fire extinguished if that officer believes the fire violates any of the regulations set forth above.
(Prior Code, § 91.10) (Ord. 93-10-02, passed 10-11-1993; Ord. 96-12-01, passed 12-9-1996; Ord. 97-04-01, passed 4-29-1997; Ord. 02-12-01, passed 12-9-2002; Ord. 08-08-03, passed 8-19-2008) Penalty, see § 91.99
Cross-reference:
Burning combustible material regulated, see § 51.07