[Code 1959, § 40.008]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Means a fire from which the products of combustion are emitted
directly into the air without passing through a stack or chimney.
[Code 1959, § 40.008]
No person shall open burn within the Village, except as follows:
(1)
Open burning is permitted within an approved container located on
such person's own property, as long as such person does not violate
any other air pollution rules. For the purposes of this subsection,
the term "approved container" means a container constructed of metal
or masonry, no larger than three feet by three feet by four feet (50
gallons), with a metal covering device with openings no larger than
3/4 inch.
(2)
Charcoal or wood may be burned, if it is burned solely for the purpose
of preparing food, and if burned within a container, utensil, device
or campfire pit designed and intended for outdoor cooking.
(3)
Fires set in the performance of an official duty by a public officer
for the protection of public health or safety shall be permitted.
[Code 1959, § 40.008]
No person shall start or have any open fire within 50 feet of
any structure.
[Code 1959, § 40.008; amended 6-13-2022 by Ord. No. 22-12]
No person shall start a fire without notifying the Village Police
Department and the Fire Chief and having a spark arrester. A first
offense of this section is a civil infraction and a second offense
is a misdemeanor.
[Code 1959, § 40.008]
A state of emergency shall exist when the Fire Chief, his designated
representative, the department of natural resources or state Fire
Marshal makes a formal declaration of the existence of such a state
of emergency and posts a notice to that effect in a public place at
the Village hall.
[Code 1959, § 40.008]
Trees, logs, brush and stumps shall not be burned within the
Village, nor closer than 1,400 feet to an incorporated city or Village
limit.
[Code 1959, § 40.008]
No ashes, wastes or trash, or other materials from the burning
thereof, shall be deposited in the storm gutters or storm sewers,
or the public streets or highways adjoining such property.
[Code 1959, § 40.008]
No burning shall be permitted at any time or in any location
throughout the Village which would be a nuisance, hazard, inconvenience
or annoyance to adjoining persons or property by reason of flame,
heat, fly ash, sparks, odor or smoke.
[Code 1959, § 40.008]
The determination of the Village Fire Chief, Police Chief or
their designee shall be conclusive as to whether or not any burning
violates the provisions of this article, and such persons are authorized
to extinguish such burning.
[Code 1959, § 40.008]
Any person who causes a fire is liable for all damages resulting
from the fire, including the cost of any governmental unit responding
to the fire. The provision of this section does not affect any other
right of action for damages.
[Ord. of 6-13-2011(1)]
It shall be the duty of the owner, lessee, tenant, and occupant
of any lot or land, whether occupied or unoccupied, which contains
a fire hydrant or on which a fire hydrant abuts to keep the fire hydrant
clear from any obstruction that results in impairing or impeding the
operations of the fire department.
