Any open burning including fires in approved containers, open flame cooking devices and recreational fires that is offensive or objectionable because of odor or smoke emissions, or when atmospheric conditions or local circumstances make such fires hazards, shall be prohibited. (307.1.1) If the smoke is found to be an aggravating factor to a resident's breathing disorder, it will be considered offensive.
(a) Extinguishment Authority. The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the Fire Department of the open burning that becomes offensive, adds to a hazardous, or becomes an objectionable situation. (307.3) The following provisions of penalty will be utilized:
(1) First offense. A response by the Fire Department will result in the extinguishment of the fire. The resident will receive a verbal warning from the Fire Department apparatus on scene and provided a copy of the City open burning ordinance.
(2) Second offense. A response by the Fire Department will result in the extinguishment of the fire. The resident will receive a verbal warning from the Fire Department apparatus on scene and provided a copy of the City open burning ordinance. The Fire Prevention Bureau will be notified by the responding fire apparatus crew of the violation. The Fire Prevention Bureau will contact the resident. The resident will be explained the City open burning ordinance and be given a written warning.
(3) Third offense. At the discretion of the Fire Chief the violation will be turned over to the South Euclid judicial courts as a misdemeanor of the third degree.
(Ord. 30-18. Passed 2-11-19.)