ORDINANCE 84-1-1 AN ORDINANCE TO RESTRICT OPEN
BURNING IN THE VILLAGE OF WAYNESFIELD
Be it Ordained by the Council of the Village of Waynesfield, County of Auglaize, State of Ohio, to wit:
SECTION I. Definitions as used in this Ordinance:
- “Open burning” means the burning means the burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber. For purposes of this definition, an enclosed chamber is one which has only those ducts, stacks or chimneys necessary to provide combustion air and to permit the escape of exhaust gas. The burning of materials in metal cans, barrels, containers, wire baskets or any homemade device is open burning. The burning of materials in incinerators is governed by the Ohio Environmental Protection Agency Regulations 375-17-01 to 3745-17-13.
- “Garbage” means any matter resulting from the handling, processing, or preparation, cooking and consumption of food or food products.
- “Landscape waste” means any vegetable or plant matter except garbage, including trees, tree-trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings and crop residues.
SECTION II. No person shall cause or allow open burning within the Village except as provided in Sections (3) through (5) hereof:
SECTION III. Open burning shall be allowed for the following purposes:
- Cooking food for human consumption; and
- Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers, smudge pots and similar occupational needs.
Fires allowed by this subsection shall not be used to burn garbage, landscape waste or any other waste material and shall be of a minimum size sufficient for their intended purpose. The fuel used shall be a clean fuel, that is, a fuel chosen to minimize the generation and emission of air contaminants.
SECTION IV. Open burning shall be allowed for the following purposes with prior notification to both the Municipal Fire Department and the District Office of the Ohio Environmental Protection Agency, as provided by Ohio Environmental Protection Agency Regulation 3745-19-05:
- Prevention or control of disease or pests; and
- Ceremonial purposes. Ceremonial fires shall be less than five feet by five feet and shall burn no longer than three hours.
Fires allowed by this subsection shall not be used to burn garbage, landscape waste or any other waste material. The fuel shall be a clean fuel, that is, a fuel chosen to minimize the generation and emission of air contaminants.
SECTION V. Open burning shall be allowed for the following purposes upon receipt of written permission from the District Office of the Ohio Environmental Protection Agency, provided that any conditions specified in the permit are followed:
- Disposal of hazardous or toxic materials where the Ohio Environmental Protection Agency determines that there is no practical alternate method of disposal.
- Instruction in methods of firefighting or for research in the control of fire; and
- In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio Environmental Protection Agency.
Receipt of written permission shall be obtained as provided by the Ohio Environmental Protection Agency Regulations 3745-19-05.
SECTION VI. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. Punishment shall be as provided in Section 698.02. In addition, the offender shall be required to pay the cost of proper disposal of the material burned. The cost of proper disposal of the materials burned shall be the amount it would have cost to dispose of the materials in a manner that is consistent with the air, water an solid waste laws, ordinances and regulations of the Municipality and the State.
SECTION VII. This Ordinance shall be in force and take effect from and after the earliest period allowed by law.
1st Reading 2nd Reading 3rd Reading
(01-23-84) (02-29-84) (03-26-84)
VOTE: Chiles – yes Chiles – yes D. Chiles – yes
Gilroy – yes Gilroy – yes Gilroy – yes
Helmlinger – yes Helmlinger -yes Helmlinger – yes
Tussing – absent Tussing – yes Tussing- yes
Wilcox – yes Wilcox – absent Wilcox – yes
Zimmerman- yes Zimmerman – yes Zimmerman – yes