[Amended 8-21-2025 by Ord. No. O2025-08-02]
A. 
Required. It shall be unlawful for any person to kindle a bonfire or other fire out of doors in the Village without a permit, or to permit the kindling of such fires, except as provided in Subsection B of this section.
B. 
Issuance; fee; restrictions. A permit to burn may be obtained in person during regular business hours at the Village Hall, recycling center, or by mail with written request, together with a permit fee (established by resolution by the Village Board from time to time and added to the comprehensive fee schedule). Issuance of a permit to burn shall be subject to weather and environmental concerns at the time. Permits shall be issued for 30 days or on an annual basis, and may be suspended with official notice by the Village President, Village Administrator, Fire Chief, or his or her designee. Burning by permit shall be subject to restrictions printed on the permit, but shall also be restricted as follows:
(1) 
No fires shall be kindled before 7:00 a.m. or after 6:00 p.m. All fires must be extinguished by 8:00 p.m. or 30 minutes after dusk, whichever is later.
(2) 
All fires shall be continuously attended by a responsible person until extinguished. "Continuously attended" means the responsible person is in reasonable physical proximity to the fire with a means or method of extinguishing or controlling the fire.
(3) 
No fires shall be kindled or allowed to burn when wind speeds or wind gusts are in excess of 12 miles per hour.
(4) 
No fires shall be kindled on a right-of-way normally maintained by the Village, the county, or state or any roadway in the Village.
(5) 
No burning of garbage; rubber; materials or substances emitting toxic fumes, noxious odors, or creating a health hazard; building or related waste materials or rubbish resulting from building construction, demolition, or site clearing shall be allowed, excepting all-wood products.
(6) 
No burning of yard waste in accumulations greater than four feet in diameter nor more than three feet high shall be allowed.
(7) 
It shall be unlawful to burn or attempt to burn rubber or any other material that creates offensive odors or smoke, materials that are not completely combustible, or garbage.
(8) 
The Village must not have a burn ban in effect. Prior to setting a fire regulated by Village ordinance, the property owner or responsible party must first notify the Washington County Sheriff's Department to inform them of the location and times of the permitted burn.
C. 
Exceptions. No permit or County Sheriff's notification shall be required for the following:
(1) 
Recreational or cooking fires in barbecue pits, grills, outdoor fireplaces, or clear areas with adequate space from nearby combustible hazards provided that the current primary use is not the disposal of yard waste or garbage, such fires are limited in size, and such fires are reasonably attended to ensure they are properly controlled (given the type and nature of the fire).
(2) 
Portable broilers, grills, and similar appliances or facilities used for the preparation of food may be used in any location that is not hazardous to life or property.
(3) 
Fires authorized by the Fire Chief for practice and instruction.
(4) 
Home and commercial incinerators, provided they are not in disrepair and do not allow sparks and debris into the air.
The open burning of brush, abandoned crops, leaves, grass, and similar open fires may occur on parcels of land of 20 acres or more and zoned agricultural without a permit when done by the owner or occupant of such property, subject to the following:
A. 
The burn is more than 500 feet from the residence of another person.
B. 
The fire shall be continuously monitored by the property owner or occupant until extinguished.
C. 
No fires shall be kindled or allowed to burn when wind speeds or wind gusts are in excess of 12 miles per hour.
D. 
Resulting smoke and byproducts of combustion shall not constitute a nuisance for neighbors of the property.
E. 
No such open fire shall be kindled until the Washington County Sheriff's Department is notified of the time and location.
F. 
The Village must not have a burn ban in effect.
A. 
Every person kindling an open fire shall supervise such fire until it is extinguished and be prepared to self-extinguish the fire, if necessary, by maintaining an adequate water supply or extinguisher nearby.
B. 
During periods of dry weather or elevated risk of fire the Village President, Village Administrator, Fire Chief, or his or her designee may declare a burning ban and, until such burning ban is terminated, it shall be unlawful to kindle any fire enumerated in this article.
(1) 
A burning ban shall be in effect when the DNR considers the fire danger within Washington County to be high, very high, or extreme.
C. 
No person shall kindle any fire or permit such kindling to be done upon the land or property of another without first securing the permission of the owner of such land or property.
Each violation of any provision of Article II shall be subject to the penalties and remedies described in § 1-3 of this Code. In addition, and not to the exclusion or prejudice of such general penalties, the violator shall be liable to the Village for all costs and expenses incurred in fighting or extinguishing any fire relating to such violation.