48-10 New Chpt 1503 - Outdoor Burning

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PLEASE SUBSTITUTE FOR ordinance 48-10 PLACED ON 1ST READING * REFERRED TO THE PUBLIC SAFETY COMMITTEE. 6/21/10, 2ND READING 7/6/10, deferred 7/19/10. ORDINANCE NO.: 48-10 BY: Antonio, Builock, Butler, Madigan, Powers, Smith, Summers. AN ORDINANCE to enact new Chapter 1503, Outdoor Burning, within Part Fifteen, Fire Prevention Code, of the Codified Ordinances of the City of Lakewood for the purpose of regulating burning within the City of Lakewood. WHEREAS, the proposed new Chapter 1503, Outdoor Burning, clarifies current regulations within the Ohio Fire Code regarding the use of outdoor fire appliances and open burning and provides options for stricter enforcement for repeat offenders; and WHEREAS, because of the density of the City of Lakewood, the use of these fire appliances can pose a hazard to structures within the community, as well as pose a nuisance to the neighborhood; and WHEREAS, complaints in the City regarding the use of fire appliances and requests for information regarding outdoor burning regulations have increased; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits municipalities to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations as are not in conflict with general laws; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That new Chapter 1503, Outdoor Burning, within Part Fifteen, Fire Prevention Code, of the Codified Ordinances of the City of Lakewood, be enacted to read as follows: CHAPTER 1503. OUTDOOR BURNING 1503.01 DEFINITIONS. As used in this chapter. (a) APPROVED CONTAINER means a commercially manufactured container designed for burning. (b) ATTENDANCE means the constant presence of a responsible person in the immediate vicinity of, open burning, a bonfire or a recreational fse until. the fire is extinguished, with a minimum of one (1) portable fue extinguisher having a minimum of a 4-A rating or other approved on-site fire extinguishing equipment such as dirt, sand, a water barrel; a garden hose or a water tank truck available for immediate use.