A. Prohibition: Except as hereinafter provided, the burning of any landscape materials within the boundaries of the Village is prohibited. "Landscape materials", as that term is used herein, shall mean and include grass clippings, leaves, bushes, tree branches and trimmings, and yard waste materials.
B. Licensed Bonfires Permitted: Provided that the permit required by subsection D of this section has been issued, the permittee may have a bonfire for recreational purposes, subject to the following terms and conditions:
1. Size And Duration: Bonfires shall be not more than four feet (4') in width, four feet (4') in length, and four feet (4') in height. Bonfires shall burn a maximum of four (4) hours, commencing not before twelve o'clock (12:00) noon, and must be extinguished before twelve o'clock (12:00) midnight of the date for which the permit was issued.
2. Location: Bonfires shall be located not less than forty feet (40') from any structure or vehicle or combustible or flammable material and ten feet (10') from any property line or public roadway.
3. Attendance: Bonfires shall be attended at all times by an adult, at least eighteen (18) years of age, and a means of extinguishing fire (e.g., garden hose and fire extinguisher) shall be present. Bonfires must be fully extinguished prior to leaving the fire site unattended for any period of time.
4. Bonfire Material: Only dry, seasoned firewood may be used for the bonfire. (Ord. 2014-12-40, 12-18-2014)
C. Recreational Fires Permitted: Fires contained in outdoor fireplaces, improved fire pits utilizing concrete or stone walls or portable cooking units for the express purpose of cooking food for human consumption or for safely conducting a fire for recreational purposes are permitted only if:
1. Fuel: The fuel for the fire is primarily charcoal, propane gas, dry seasoned firewood or other similar and commercially prepared products for use as cooking fuel. No household or landscape materials may be burned.
2. Location: The fire shall be located at least fifteen feet (15') from any structure, property line, public roadway or dense brush and twenty five feet (25') from any combustible or flammable material. The portable cooking unit shall not be placed on any combustible or flammable surface and must be elevated from ground level.
3. Attendance: The fire shall be attended at all times by an adult, at least eighteen (18) years of age, and a means of extinguishing the fire (e.g., garden hose and fire extinguisher) shall be present. Fires must be fully extinguished prior to leaving the fire site unattended for any period of time. All cooking units shall be used according to manufacturers' directions and/or Village guidelines.
4. Containers: Fires must be conducted in an approved and enclosed container, defined by this section as "a commercially manufactured device specifically designed, intended, advertised and utilized for the purpose of cooking or recreational campfires, such as chimeneas or outdoor fireplaces". Such containers must be located above ground.
5. Prohibitions: The fire shall not be used in a manner as to emit excessive offensive or objectionable smoke or odors or when other circumstances make such fires hazardous. The fires shall not be permitted to create excessive flames, flying cinders or smoke and/or create flames, smoke or cinders.
6. Exceptions: Outdoor cooking grills, manufactured and sold for the sole purpose of cooking food for human consumption, shall be located at least three feet (3') from any structure or dense brush, may only be fueled with charcoal briquettes, propane gas or natural gas hookup, and utilized in their original manufactured condition. (Ord. 2018-05-14, 5-3-2018)
D. Permits: A permit for a bonfire shall be issued prior to the respective open burn. The application for the permit must be received three (3) business days prior to the anticipated date of the bonfire.
1. Rain Delay: In the event rain or other inclement weather condition prohibits the event on the date for which the permit was issued, the permit may be carried to the next, successive day, if the petitioner notifies the Village of the intent to postpone the fire for one day. The rain delay will not be honored more than one day after the original permit date.
2. Suspend Burning: The Village reserves the right to suspend all permitted burning at such time that atmospheric conditions increase the risk of fire spreading from recreational fires and bonfires due to dry weather patterns.
3. Approve Or Deny Permits: Further, the Village reserves the right to approve and deny all permit applications for bonfires within incorporated Winfield based upon health and safety concerns.
E. Penalty:
1. Any person found violating any provision of this section shall be fined as provided in section 13-1-3 of this Code for each offense; and a separate offense shall be deemed committed on each day during which a violation continues or occurs.
2. In addition, any person found violating any provision of this section shall immediately extinguish the fire upon demand of the Village. Should the violator fail to do so, the Village shall take appropriate steps to extinguish the fire, and the violator shall be responsible for the Village's costs associated therewith. (Ord. 2014-12-40, 12-18-2014)