This ordinance has been replaced with ORD 978
(A) No person shall cause or allow open burning of any combustible material, except landscape waste, including vegetable or plant refuse, tree branches, brush, leaves and similar material, conduct any salvage operation by open burning, or cause or allow the open burning of any combustible material in any chamber not specifically designed for the purpose and approved of by the Illinois Environmental Protection Agency, pursuant to regulations adopted by the Illinois Pollution Control Board, except that it shall be lawful for any person to set fire to, ignite or burn any combustible material in any outdoor fireplace, grill, or barbecue pit if:
(1) That fire is used for the purpose of cooking food;
(2) That fire is kept under competent and continuous supervision;
(3) All flammable and combustible material is removed a sufficient distance from the fireplace, grill or barbecue pit so as not to constitute a fire hazard;
(4) All such burning is a sufficient distance from other residents and properties so as to not be a nuisance, constitute a fire hazard or impair the breathing of free air to adjacent persons or property owners; and
(5) All fires or coals in the fireplace, grill or barbecue pit are thoroughly extinguished after the use thereof has been completed. (B) Open burning is defined as the combustion of any matter in the open or in an open dump.
(C) This section shall incorporate, and not be in conflict with, the relevant provisions of the Illinois Environmental Protection Act, ILCS Ch. 415, Act 5. Nothing contained in this section shall be construed to supercede any applicable provision of state law. (D) The open burning of landscape waste shall be allowed upon the premises where it was produced between 8:00 a.m. and 7:00 p.m. on Fridays, Saturdays and Sundays in the months of January, February, March, April, May, June, September, October, November and December, provided that:
(1) Such burning is kept under competent and continuous supervision;
(2) Such burning is a sufficient distance from other residents and properties so as to not be a nuisance, constitute a fire hazard or impair the breathing of free air to adjacent persons or property owners;
(3) Such burning is not allowed on any paved city street or alley; and
(4) Such fires are thoroughly extinguished after the use thereof has been completed.
(E) Upon approval by the City Manager, employees of the city may cause or allow the open burning of landscape waste on city owned or controlled property, including material produced off the premises, on days when the burning of such material would otherwise be prohibited under this section. (F) When special circumstances exist, the City Council may, by resolution and for a specified and limited amount of time, either allow for the open burning of landscape waste on days when the burning of such material would otherwise be prohibited under this section, or prohibit the open burning of landscape waste on days when the burning of such material would otherwise be allowed under this section.
(Ord. 831, passed 1-8-07) Penalty, see § 91.99
