AN ORDINANCE REPEALING ORDINANCE 831
AN ORDINANCE PERTAINING TO THE REGULATION OF OPEN BURNING WITHIN THE CORPORATE LIMITS OF THE CITY OF FARMER CITYI ILLINOIS
SECTION-A: Ordinance NO. 831 is hereby repealed and a revised Section 91M 18 of the Code of Ordinances of the City of Farmer City, Illinois is hereby created:
SECCTION 91.18 Open Burning
- No person shall cause or allow opening 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 barbeque pit if:
- That fire is used for the purpose of cooking food;
- That fire is kept under competent and continuous supervision;
- Ali flammable and combustible material is removed a sufficient distance from the fireplace; grill, or barbeque pit so as not constitute a fire hazard
- All such burning is a sufficient distance from other residents and properties so as not to be a nuisance, constitute a fire hazard or impair the breathing of free air to adjacent persons or property owners; and
- All fires and coals in the fireplace grill. or barbeque pit have thoroughly extinguished after the use thereof has been completed.
- Open Burning is defined as the combustion of any matter in the open or in an open dump
- This section shall incorporate, and not be in conflict with, the relevant provisions of the Illinois Environmental Protection Act (415 ILCS 5), Nothing contained in this section shall be construed to supersede any applicable provision of state law.
- The open burning of landscape shall be allowed upon the premises where it is produced between 8 a.m. and 7 p.m. on Thursday, Friday and Saturday 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 the other residents and properties so as not to 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 paved City streets 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 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 (1) allow for the open burning of such material would otherwise be allowed under this section.
SECTION 2: The provisions of this Ordinance shall be severable. The invalidity of any portion of this ordinance shall not affect the remaining portions hereof
SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as required by law. The City Clerk shall publish this Ordinance in pamphlet form and shall see to its inclusion in the next update of the Code of Ordinances. The abatement procedures and penalty provisions contained in Sections 91.60, 91.61, 91.62, 91.63, and 91.99 of the Code of Ordinances of the City of Farmer City, Illinois applies to this ordinance
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMER CITY, DEWITT COUNTY, ILLINOIS THIS 17TH DAY OF APRIL 2017
AYES: NAYES: ABSTAIN: _____ABSENT:
Michael Jenkins, Mayor Sandra I Shaw, City Clerk
