(A) Garbage; Organic Refuse: It shall be unlawful to burn any garbage or other organic refuse outside of any building at any time in the village.
(B) Papers And Building Materials: It shall be unlawful to burn papers, building materials, or other similar material outside of any building at any time in the village.
(C) Grass, Leaves, Brush: It shall be unlawful to burn grass, leaves or brush at any time in the village.
(D) Other Material: It shall be unlawful to burn any other material of any kind or nature outside of any building at any time in the village, unless expressly allowed in this section.
(E) Recreational Fires: Recreational fires are permitted on property only under the following conditions:
1. The fire shall be contained in a metal container not exceeding twenty (20) square feet in plane surface area and not elevated more than ten inches (10") above the grade level or on cleared earth in a pit enclosed on the sides by masonry or rock material and not exceeding twenty (20) square feet in area, or a ceramic container designed for such purpose; e.g., chimenea.
2. All trees, fences, decks and other structures shall be at least ten feet (10') from the fire enclosure or pit; provided that a fire enclosure may be used on a deck when it can be safely so used and is used in compliance with manufacturer's instruction.
3. Any fuel used shall be confined to dry logs or branches that are untreated or commercially available charcoal briquettes. No other fuels are permissible except a starter fuel designed for use on recreational fires.
4. A responsible adult of at least eighteen (18) years of age shall be in attendance at all times that the fire is burning. When adult supervision ceases, the fire shall be extinguished with water and the coals spread out in the enclosure.
5. The owner of the property upon which the fire is burning shall have consented to such fire.
6. Fires are not permitted in or on village streets, alleys, sidewalks, or public rights of way.
7. Fires shall be extinguished by the property owner or resident if, in the opinion of the responding fire department personnel, village personnel or law enforcement officers, there is danger that smoke or fire will inflict injury upon someone or will cause damage to property.
8. The village board of trustees may prohibit all open fires whenever it determines in its absolute discretion that drought, winds, weather, smoke, odors, public health and safety, or any other conditions or factors justify cessation of such open fires.
9. The fire department or village personnel may extinguish any open fires in violation of this section and may extinguish any fire determined by the fire department officer in charge, village personnel or law enforcement officer to pose public health hazards to persons or property.
(F) Outdoor Cooking Fires: Fires in gas grills and charcoal or small wood fires for cooking purposes are permitted in containers designed for cooking over such fires. These containers shall be placed as recommended by the manufacturer and so as not to cause fire or smoke damage to property or injury to any person.
(G) Special Recreational Fires: With the written permission of the village board of trustees and in accordance with any conditions which may be prescribed by the fire chief, special recreational fires shall be permitted at special events such as high school pep rallies. The village board of trustees shall have sole discretion to issue a letter of permission for such fires based upon the potential for danger to persons or property. The board may prescribe such mandatory conditions as are necessary or desirable for the safety of persons and property.
(H) Penalty; Violations: Any person violating the provisions of this section shall be fined in the amount of twenty five dollars ($25.00) for the first offense, one hundred dollars ($100.00) for the second offense, and not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each subsequent offense. (Ord. 2001-10, 9-4-2001)