1513.01 DEFINITIONS.
   As used in Chapter 3745-19 of the Ohio Administrative Code and this chapter:
      (a)    "Agricultural waste" means any matter generated by crop, horticultural, or livestock production practices, and includes such items as bags, cartons, structural materials, and landscape wastes that are generated in agricultural activities, but does not include land clearing waste; buildings; garbage; dead animals; motor vehicles and parts thereof; nor economic poisons and containers thereof, unless the manufacturer has identified open burning as a safe disposal procedure.
   (b)    "Bonfire" means an outdoor fire utilized for ceremonial purposes.
   (c)   "Economic poisons" include but are not restricted to pesticides such as insecticides, fungicides, rodenticides, miticides, nematocides and fumigants; herbicides; seed disinfectants; and defoliants.
   (d)   "Garbage" means any matter resulting from the handling, processing, preparation, cooking and consumption of food or food products.
(e)   "Landscape waste" means any plant matter, except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings and crop residues.
   (f)    "Land clearing waste" means plant matter which is removed from land, including plant matter removed from stream banks during projects involving more than one property owner, for the purpose of rendering the land useful for residential, commercial or industrial development.
    (g)    "Ohio EPA" means the Ohio Environmental Protection Agency Director or agency's delegated authority by such Director pursuant to Ohio R.C. 3704.03 or the Chief of any Ohio Environmental Protection Agency district office.
   (h)   "Open burning" means the burning of any materials wherein air contaminants resulting from products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning includes the burning of any refuse or salvageable material in any device not subject to or designed specifically to comply with the requirements of Ohio Administrative Code 3745-17-09 or 3745-17-10. Open burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames, or use of portable outdoor fireplaces. For purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
   (i)   "Portable outdoor fireplace" means a portable, outdoor, solid-fuel or natural gas burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney operating in the top.
   (j)   “Recreational fire" means an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
   (k)   "Residential waste" means any matter, including landscape wastes, generated on a one-, two- or three-family residence as a result of residential activities, but not including garbage.
   (l)   "Restricted area" means the area within the boundary of any municipal corporation established in accordance with the provisions of Title 7 of the Ohio Revised Code, plus a zone extending 1,000 feet beyond the boundaries of any such municipal corporation having a population of 1,000 to 10,000 persons and a zone extending one mile beyond any such municipal corporation having a population of 10,000 persons or more according to the latest federal census.
   (m)   "Unrestricted area" means all areas outside the boundaries of a restricted area as defined in subsection (i) hereof.
            (Ord. 2015-093. Passed 8-18-15.)