§ 26-5. Open burning.

(a)

Definitions. The following words, terms and phrases, when used in this section shall have the meanings subscribed to them in this subsection, except where the context clearly indicates a different meaning:

Garbage means the animal and/or vegetable waste resulting from the processing, handling, preparation, sale or consumption of food; and all animals or parts of/or substances from animals whether involved in food processing or not.

Incinerators means any can, wire frame container, or other device, including fireplaces and furnaces, which are used to contain trash for the purpose of disposing of such material by burning.

Open burning means the combustion out of doors of any matter in such a way that the products of the combustion are admitted to the open air without originating in or passing through equipment for which a permit has been issued by the state environmental protection agency.

Trash means all waste material other than garbage and other than fuels used for the sole purpose of producing heat or power, and not for the purpose of disposing of such fuels. The term, "trash" shall include, but not be limited to, grass and leaves, twigs and branches of shrubs and trees (except twigs and branches of shrubs and trees as part of open burning pursuant to subsection 26-5(j)); normal household and commercial waste, such as paper, plastic, glass and metal; materials from the construction, alteration, repair or demolition of buildings and other structures; and worn out, discarded or otherwise unwanted objects of any kind.

(b)

Prohibition on burning generally. No person shall burn any garbage or trash, whether by itself or mixed with other material, either within or outside of a building under any circumstances whatsoever.

(c)

Nuisance and danger to adjacent premises prohibited. Notwithstanding any provisions of this section, no person shall kindle or cause to be kindled, burn or cause to be burned or allow to be burned on property owned by him or under his control or on any public street or place, whether in an incinerator or not, any material which by its chemical properties, high moisture content, or dampness, produces an excessive amount of smoke and/or odor which is or could be offensive to the occupants of nearby premises or when such fire emits sparks or burning embers upon adjoining, adjacent, neighboring or nearby premises.

(d)

Nuisances caused by wind conditions prohibited. No burning shall be done at any time or place when wind conditions will create or be apt to create a nuisance to anyone or the property of anyone in the vicinity thereof, or be a danger to the property of any person in the vicinity thereof.

(e)

Burning prohibited on streets, gutters, alleys, etc. No person shall kindle or cause to be kindled, burn or cause to be burned or allow to be burned any material on the hard surface or blacktop portion of any public street curb, gutter or alley right-of-way, except when authorized by the police department of the village and when such burning is conducted as provided in this section.

(f)

Supervision of burning. It shall be the duty of any person who kindles or causes to be kindled, burns or causes to be burned, or allows to be burned any material under the provisions of this section to continually supervise the resulting fire to take adequate precautions to prevent such fire from spreading beyond its intended limits and to prevent any violation of this section.

(g)

Compliance with orders issued by village. No person shall knowingly disobey or ignore any order whether written or oral, issued by the police department of the village pursuant to this section. It shall be the duty of every person to immediately carry out, to the best of his ability and resources, any order issued to him by the police department of the village pursuant to this section.

(h)

Authority to prohibit or regulate. Notwithstanding any provision of this section, the police department of the village may prohibit, restrict, prevent, limit, stop or cause to be stopped any or all fires whatsoever which in his opinion because of atmospheric conditions, dryness, adjacent buildings or materials or other special conditions, are or could be hazardous to persons or property. Regulation of individual fire shall be accomplished by written or verbal order to the person responsible for such fire. Temporary village wide restriction of fires shall become effective at the reasonable notice to the public by newspaper or public radio broadcast at least 12 hours prior to such restriction becoming effective.

(i)

Penalty for violations. Fire started in violation of this section may be extinguished on order of the police department of the village and a further penalty for the violation of any provision of this section shall be as follows: Upon conviction in a court of competent jurisdiction, the person violating this section or any part thereof may be fined not less than $100.00, nor more than $500.00 for each such violation.

(j)

Permitted open burning. Open burning is permitted:

(1)

For burning of twigs, branches, firewood, commercially available firewood substitutes (e.g. Duraflame ^© type logs) and charcoal for recreational campfires, in areas where such burning is consistent with other applicable laws. Campfires shall be no more than three feet in height of stacked material.

(2)

For a campfire in excess of three feet in height of stacked material, such a fire is permitted but only after obtaining a permit or other proper authorization from the code official. The chief of police, or his designee, shall be the code official. A bonfire shall be no more than the dimensions prescribed in the permit. The application for a permit shall be submitted, in writing, at least five days before the fire is to be ignited. No fee shall be associated with this permit.

(Code 1987, § 11-8; Ord. No. 05-06, 9-6-2005; Ord. No. 2011-01, § 1, 1-3-2011; Ord. No. 2012-03, § 1, 4-30-2012)