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(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
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED RATING ORGANIZATION. Any of the following: Underwriters Testing Laboratories Factory Mutual Research Corp., National Bureau of Standards, or JFPA Standard No. 74, 1975.
BUILDING INSPECTOR. The Building Inspector of the village, or the Inspector’s designee.
DWELLING UNIT. A building or portion of a building arranged for the use of one or more individuals living alone or together as a single housekeeping unit with living, sanitary and sleeping facilities.
FIRE CHIEF. The Fire Chief of the village, or the Chief’s designee.
VILLAGE. The Village of Three Oaks.
SMOKE DETECTOR. An instrument approved by an approved rating organization for the detection of ionized gases or products of combustion produced by burning or smoldering materials.
(B) System required; minimum requirements for detectors.
(1) Each dwelling unit shall have an electric or battery operated smoke detector device for each sleeping area. Any such detector shall comply with all applicable state or federal requirements.
(2) Smoke detectors shall be capable of being maintained by the person or persons entitled to occupy the dwelling unit. Smoke detectors shall consist of an assembly incorporating the detector, control equipment and the alarm sounding device in one unit. They shall have a power supply consisting of a monitored battery or a cord connection to an electrical receptacle which is fitted with a plug restrainer device. The plug in receptacle shall not be controlled by any switch other than that of the main power supply. Two or more single station smoke detector assemblies may be interconnected so that actuation of one causes all audible alarms to operate.
(3) Upon activation, the smoke detector shall provide an audible alarm which is to be so distributed and have such character so that it can be heard in all rooms of the dwelling unit with its doors closed. The audible signals shall be distinctive from other audible signaling devices which may be used for other purposes in the dwelling unit. The smoke detector shall be designed for and capable of either self-restoration or manual restoration to normal conditions for operation. No provisions shall be made for deactivation of the audible alarm other than by reactivation of the system.
(C) Time of compliance.
(1) The owner of each dwelling unit shall cause the same to be brought into compliance with the terms and provisions of this section, however, after the effective date of this section no dwelling unit shall be sold or occupancy changed unless and until the dwelling unit has been brought into compliance with the terms and provisions of this section.
(2) No structural change or repair of a value in excess of $500 shall be made to a dwelling unit unless and until the dwelling unit is brought into compliance with the terms and provisions of this section.
(3) No certificate of occupancy shall be issued for a dwelling unit unless and until the applicant shall have first complied with all the terms and conditions of this section.
(D) Certification by owner. Prior to the sale of any dwelling unit located in the village, the owner and seller shall certify in writing to the Building Inspector full and complete compliance of the property with the terms and provisions of this section. The making and submission of a wilfully false certification by the owner and seller of a dwelling unit shall be a violation of the terms and provisions of this section.
(E) Mailings. Notices describing the requirements of this section shall from time to time be included in village water bills.
(Ord. 98, passed 3-8-1989) Penalty, see § 95.99
(A) Any person who violates any of the provisions of this chapter is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50 nor more than $500, plus costs and other sanctions, for each infraction.
(B) Repeat offenses shall be subject to an increased civil fine as follows:
(1) The fine for any offense which is a first repeat offense shall be not less than $250, plus costs and other sanctions; and
(2) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall not be less than $500, plus costs and other sanctions.
(C) A repeat offense means a second (or any subsequent) violation of this chapter:
(1) Committed by a person within any six-month period; and
(2) For which the person admits responsibility or is determined to be responsible.
(D) Each day on which any violation of this chapter continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
(E) In addition, the village specifically reserves the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this chapter.
(Ord. 98, passed 3-8-1989; Ord. 112, passed 11-11-1992; Ord. 119, passed 4-12-1995)