The following activities are not in violation of this chapter unless they cause air pollution as defined in state statues or regulations of the State Environmental Agency.
(A) The open burning of agricultural waste, but only:
(1) On the premises on which such waste is generated;
(2) In areas other than restricted areas;
(3) When atmospheric conditions will readily dissipate contaminants;
(4) If such burning does not create a visibility hazard on roadways, railroad tracks or air fields;
(5) More than 1,000 feet from residential or other populated areas; and
(6) When it can be affirmatively demonstrated that no economically reasonable alternative method of disposal is available.
(B) The setting of fires to combat or limit existing fires, when reasonably necessary in the judgment of the responsible government official.
(C) The burning of fuels for legitimate campfire, recreational and cooking purposes, or in domestic fireplaces, in areas where such burning is consistent with other laws, provided that no garbage shall be burned in such cases.
(D) The burning of waste gases provided that in the case of refineries all such flares shall be equipped with smokeless tips or comparable devices to reduce pollution.
(E) Small open flames for heating tar, for welding, acetylene torches, highway safety flares and the like.
(F) Burning of leaves and landscape waste.
(1) Such outdoor burning of leaves and landscape waste shall be allowed only in containers located not less that 20 feet from any building or structure on private property only, except that the village may conduct such outdoor burning in a designated area and it shall be supervised by an officer or employee of the village and in compliance with the requirements set forth herein.
(2) Outdoor leaf and landscape waste burning shall include only leaves and landscape waste from trees, plants and shrubs and shall not include burning of trash, garbage or other disposables or any other materials of any nature whatsoever.
(3) Outdoor leaf and landscape waste burning which is permitted under this division (F) may be prohibited at any time when, in the opinion of the appropriate and proper official of the village or of the State Environmental Protection Agency, atmospheric conditions are such that open leaf and landscape waste burning would prove harmful to the health of the citizens of the village.
(Ord. 2003-11-1, passed 11-18-2003)