§ 95.54 PROHIBITED BURNING.
   The following activities are specifically prohibited:
   (A)   The burning of landscape waste, trash, rubbish or construction debris (other than clean wood) is prohibited. Materials such as, but not limited to, hazardous materials, asphalt, animal carcasses, manure, rubber, asbestos and asbestos materials, roofing, treated wood and lumber, tires, skids, plastic materials, batteries, paint and other solvent containers, plastic containers, other materials producing noxious odors and/or black smoke, shall not be burned at any time.
   (B)   No burning shall occur on a public street, sidewalk or within a right-of-way.
   (C)   Cardboard and other paper products may not be burned in any residentially zoned area, provided, however that the products may be burned by commercial establishments in business or industrial districts, but only under the following conditions:
      (1)   The burning shall be within an approved incinerator stove, furnace or fireplace or metal drum designed and constructed as set forth below so as to prevent the escape of ignited particles or burning material therefrom.
      (2)   As it is preferred that commercial establishments recycle paper and cardboard rather than burning, therefore, only when recycling is not available and the establishment's storage bins are full may a commercial establishment burn cardboard and paper products.
      (3)   The area in which the incinerator to be used is located shall have a surface of gravel, cinders, cement or similar non-combustible material and this area shall extend at least five feet from each side of the approved burning container.
      (4)   The burning shall be done in an incinerator no larger than five feet in width and not more than five feet in height. It shall be constructed of steel or firebrick. The top of the incinerator shall be equipped with a spark arrestor or screen having openings of not more than ¾-inch.
   (D)   Site and weather restrictions:
      (1)   No burning of any kind shall be allowed on a day or evening when the wind is predicted to be in excess of 10 miles per hour, by the National Weather Service or within 48 hours after a rain totaling ¼ inch or more, as reported by the National Weather Service.
      (2)   All burning permitted herein shall be extinguished and put out before the attendant leaves the burn area or when the wind, smoke or ash make such fire dangerous or likely to emit noxious fumes and smoke.
      (3)   A hose or other sufficient extinguisher device shall always be readily available.
      (4)   No burning shall create a visibility hazard on streets and roadways.
      (5)   No fire shall be lit within 30 feet of any building or structure or within 10 feet of a fence or property line.
(Ord. 2002-O-8, passed 3-5-02; Am. Ord. 2004-O-15, passed 9-7-04) Penalty, see § 95.99