(a) Open burning prohibited. No person, firm, corporation, or other entity shall build any outdoor fire within the corporate limits of the village, excepting as set forth in subsection (b) below. This prohibition on burning includes burning of construction waste and debris at construction sites.
(b) Exceptions. The following exceptions are for the burning of permitted materials only.
(1) Outdoor cooking over a fire contained in a device or structure designed for such use is permissible.
(2) Controlled burning of grass or similar vegetation for environmental management purposes, with the prior express written approval of the Fire Chief, or his or her designee, may be permitted; this exception is not to be used for the burning of grass, leaves, or other lawn debris.
(3) Ceremonial campfire or bonfires, with prior express written approval of the Fire Chief, may be permitted.
(4) Controlled burning of dry leaves, twigs, and other non-offensive dry yard debris is permitted only at such tines and under such conditions as designated by the Fire Chief, and published by him or her in The Times or such other newspaper as designated by the village as its official newspaper; provided, however, that such burning is:
a. Monitored by a responsible person until the fire has extinguished itself completely;
b. Conducted on days when excessive wind or atmospheric conditions will not result in danger to public health or safety;
c. Located off the public street pavement or street gutter;
d. Located at least 30 feet from any neighboring residence; and
e. Limited to the materials identified in this subsection (b)(4) and is not used for the covert burning of other materials.
(5) Other requests for the outdoor burning of permitted materials not specified in this subsection (b), but under circumstances indicating that said burning is not as an alternative to refuse removal or disposal for which other methods are available, may be permitted on a single-occasion basis with the prior, express, written approval of the Fire Chief, or his or her designee;
(6) Any person or entity desiring to burn by bonfire any permitted materials shall apply to the Fire Chief of the Village Fire Department, or his or her designee, for a permit for such burning which may be granted under the following conditions:
a. The permit may be granted only for burning permitted materials as defined below;
b. The permit may only be applied for by the owner of the land on which the burning will take place and the owner of the materials to be burned. The permit may only be granted to said owner or owners. In the event the land or the materials are owned by a business entity, said entity may only make application through an officer, member, partner, or agent duly authorized in writing;
c. The Fire Chief, or his or her designee, may, in his or her sole discretion, grant such a permit without charge conditioned upon the supervision of such burning by the said Fire Chief, and/or his or her designee;
d. The person, persons, or entity to whom a permit is issued shall be solely responsible for compliance with this section and shall follow the instructions and directions prescribed by said Fire Chief, or his or her designee, and shall permit said Fire Chief, or his or her designee, to come upon the property in order to exercise the supervisory function;
e. Whenever approval and special permit are granted by the Fire Chief, or his or her designee, under this section, the permit may specify and be conditioned upon observance of safety regulations and insurance requirements set forth on the face of said permit; and
f. All permits shall be granted in writing on forms prescribed by the Fire Chief. Said forms shall clearly identify the person, persons, or entity to whom the permit is granted, the date on which and for which it is granted, the specific location at which the burning is to take place, specific identification of the materials to be burned, and any other terms and conditions deemed necessary by the Fire Chief in accordance with subsection (b)(6)e. above. The original of all permits shall be kept on file by the Fire Chief and, immediately upon issuance, a copy shall be provided to the Village Police Department and to the holder or holders of the permit.
(c) Chief may prohibit. The Fire Chief, or his or her designee, is permitted to prohibit any or all bonfires and outdoor fires when, in his or her judgment, atmospheric conditions or local circumstances make such fires hazardous.
(d) Burning on streets. No materials may be burned upon any street, curb, gutter, or sidewalk.
(e) Liability. Any person or persons holding a permit for and/or utilizing and/or maintaining an outdoor fire shall be responsible for any liability for damages caused by the said fire.
(f) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
PERMITTED MATERIALS. Wood or wood products; cardboard; paper or paper products; dry leaves, twigs, and other dry yard debris; charcoal; tobacco.
PROHIBITED MATERIALS. Cans; batteries; any containers holding paint; pesticides; plastic; fiberglass; tires or rubber; any hazardous substances, the disposal of which is regulated by state or federal law; anything which produces noxious or toxic smoke or fumes; food or food waste; dead animals; mattresses or box springs; furniture containing springs or a substantial portion of which is constructed of metal, plastic, or fiberglass; petroleum products; telephones; appliances; carpet or padding; styrofoam; any material containing asbestos.
(Prior Code, § 5-2-8)