ORDINANCES

307.1 General: A person shall not kindle or maintain or authorize to be kindle or maintain any open burning unless conducted and approved in accordance with this section.

307.1.1 Prohibited open burning: Open burning that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.

307.2 Permit required: A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildfire management practices, prevention or control of disease or pests, or a bon fire. Applications for such approval shall only be presented by and permits issued to the owner of the land which the fire is to be kindled.

307.2.1 Authorization: Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.

307.3 Extinguishment authority: The fire code official is authorized to order the extinguishment by the permit holder, another person responsible for the fire department of open burning that creates or adds to the hazardous or objectionable situation.

307.4 Location: The location for open burning shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure. Exceptions: Fires in approved containers that are not less than 15 feet from any structure.

307.4.1 Bonfires: A bonfire shall not be conducted within 50 feet of a structure or combustible material unless the fire is contained in a barbecue pit. Condictions which would cause a fire to spread within 50 feet of a structure shall be eliminated prior to ignition.

307.4.2 Recreational fires: Recreational fires shall not be conducted within 25 feet of any structure or combustible material. Conditions which could cause a fire to spread with 25 feet of a structure shall be eliminated prior to ignition.

307.4.3 Portable outdoor fireplaces: Portable outdoor fireplaces shall be used in accordance with the manufacture’s instructions and shall not be operated within 15 feet of a structure or combustible material.

307.5 Attendance: Open burning, bonfires, recreational fires and the use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization

8.40.010: Open burning prohibited; exceptions

A. It is unlawful for any person to allow open burning, including but not limited to the burning of trees, paper, grass clippings, rubbish, garbage or any other type of vegetable matter at any place within the corporate limits of the Village.

Exceptions: The following exceptions to the general ban in paragraph A are allowed. These exceptions are to be narrowly construed.

1. The burning of fuels for recreational fires and cooking purposes, such as outdoor fireplaces, fire pits, fire rings, barbecues and grills. Fireplaces, fire pits and fire rings shall not be located any closer than ten (10) feet from any structures. Notwithstanding this exception, no garbage, refuse or rubbish shall be burned in the Village.
2. Small open flames for heating tar, for welding, acetylene torches, highway safety flares, and the like.
3. The burning of leaves, twigs, and vegetation between the hours of 8:00 am and sunset, provided that (a) such burning shall be limited to leaves and twigs generated from vegetation upon the property; (b) such burning shall be conducted in such a manor so as not to cause a hazard to structures or neighboring property: (c) such burning shall not be done in conditions of high winds, drought, or other conditions creating a hazardous environment: and (d) such burning must be attended by a person at least sixteen (16) years of age.

B. The allowed burning, as set forth in subsection A of this section shall not be allowed on any public right-of-way.

C. Nothing in this section shall limit the authority of the Fire Chief, Chief of Police or the Village Building official to limit or order the cessation of a fire if in his or hers reasonable judgement it is in the interest of public safety and health.

5-2-1: Open burning prohibited; Exception:

A. Open burning in the village is prohibited except as otherwise permitted by this chapter.

B. Open burning is permitted as follows:

1. Recreational fires.
2. Highway safety flares.
3. Smudge pots and similar fire for occupational needs.
4. The following material, but only if generated by the property on which the burning is occurring (the burning of any material brought to the site for the purpose of burning being prohibited): landscape waste (other than grass clippings) and paper and cardboard, provide.

a. Open burning of landscape waste within five hundred feet (500) of a neighboring residential dwelling shall be limited to the hours between dawn and dusk and conducted so as not to create a hazard to visibility on roadway or heliports.
b. Open burning of landscape waste shall be conducted no less the 25 feet from any structure.
c. Burning of paper and cardboard shall be within an incinerator or a confined area with a covering to prevent the burning material from blowing from the burning site.
d. Burning of grass clippings, plastic, rubber or Styrofoam and other burning that causes offensive of noxious odors is prohibited.

5-2-2: Attendant and fire extinguishing equipment required.

Any open burning shall be constantly attended until the fire is extinguished. At least one portable fire extinguisher with a minimum 4-A rating or an adequate supply of other site fire extinguishing equipment such as dirt, sand, water barrel, garden hose or water truck, shall be available at the burn site.