(A) Outdoor burning prohibited. No person, firm or corporation shall burn any wood, brush, leaves, trash, papers, rubbish or garbage out of doors anywhere in the Village of Three Oaks. This section shall not prohibit:
(1) Charcoal cookers, braziers, hibachis, grills, chimneas, patio warmers, outdoor fireplaces or gas-fired stoves and similar semi-enclosed devices on the premises of a single-family detached residential dwelling; provided that:
(a) Such device is located at least 25 feet from the nearest structure which is not on the same property.
(b) The fires within such devices are gas lit or consist of only charcoal or clean wood, defined as natural, dried and seasoned wood that has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood product with the exception of a small amount of paper product used for the initial igniting of the fire.
(c) For purposes of this section a "semi-enclosed device" means a freestanding device specifically designed and manufactured for the burning of wood or charcoal with a lid, door or cover that may be securely closed.
(d) Provided that the fire does not exceed nine square feet in area with flames no higher than three feet measured from the surface of the ground or bottom of the fire box.
(2) Charcoal cookers, braziers, hibachis, grills and similar devices on the ground level of any apartment building, townhouse, condominium, or similar occupancy provided that:
(a) Such device is used solely for the preparation of food.
(b) Such device is located not less than eight feet from every part of the building, including any portion of any balcony, overhang, or protrusion.
(c) The fires within such devices are gas lit or consist of charcoal.
(Ord. 112, passed 11-11-1992; Ord. 214, passed 12-12-2018)
Penalty, see § 95.99