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 Chapter 17 - Burning
Sections
Article I - General
1.01 General
1.02 Location
1.03 Bonfires
1.04 Recreational Fires
1.05 Attendance
1.06 Burning of Rubbish or trash
Article II - Leaf Burning
2.01 Leaf Burning
2.02 Declaration
Article III - Bonfires
3.01 Location restricted
3.02 Declaration
3.03 Kindling of Fire on Land of Others
Article IV - Burn Barrels
4.01 Open Burning
4.02 Definitions
Article V - Permits
5.01 Permit Application
Article VI - Enforcement
6.01 Penalties for Violation
6.02 Corrective Action
6.03 Effective Date

Article I – General

Section 1.01    General:
A person shall not kindle or maintain or authorize to be kindled or maintain any open burning unless conducted and approved in accordance with this section.

Section 1.02    Location:
The location for open burning shall not be less than 50 feet from any structure.

Section 1.03    Bonfires:
Bonfires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material unless contained in a barbecue pit.  Conditions which could cause a fire to spread to within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.

Section 1.04    Recreational Fires:
Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material unless contained in a barbeque pit.  Conditions which could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.

Section 1.05    Attendance:
Open Burning, Bonfires, or Recreational fires shall be constantly attended until the fire is extinguished.  A minimum of one portable fire extinguisher with a rating of 4-A or other fire extinguishing equipment such as dirt, sand, water barrel, garden hose, or water truck, shall be available for immediate utilization.

Section 1.06    Burning of Rubbish or trash:
Burning of rubbish or trash is strictly prohibited in the Village of Pearl City. Rubbish shall include paper products, garbage, or waste material from construction, demolition, or renovation of buildings.

Article 2 – Leaf Burning

Section 2.01    Leaf Burning:

A)    Burning of leaves shall not be conducted within twenty five (25’) of any structure or other combustible material.

B)     A garden hose or a bucket of water shall be readily available for use at the burning site.

C)    Burning of leaves shall be constantly attended by a competent person until the fire is completely extinguished.   

D)    No person shall kindle, maintain or cause to be kindled or maintained, any fire on Village right-of-way, street, avenue, alley, drainage ditch, easement, or park.
           
Section 2.02    Declaration
The Village President or his agent may prohibit burning or leaves when atmospheric conditions or local circumstances makes such fires hazardous.

Article 3 – Bonfires

Section 3.01    Location restricted
No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land unless:
A)    The location is not less than fifty feet (50’) from any structure and adequate provision is made to prevent fire from spreading to within fifty feet (50’) of any structure or building.
B)    Such fires are attended.

Section 3.02    Declaration
The Village President or his agent may prohibit any or all bonfires when atmospheric conditions or local circumstances make such fires hazardous.

Section 3.03    Kindling of Fire on Land of Others
No person shall kindle a fire upon the land of another without permission of the owner thereof or his agent. (M.C. 1962, sec. 28.013)

Article 4 – Burn Barrels

Section 4.01    Open Burning:
Open burning of garbage is prohibited in Illinois.  Burning of household waste, trade waste, used furniture, appliances or automobile parts is not permitted within the Village of Pearl City village limits.

Section 4.02    Definition:
Household waste is defined as waste generated from single home, including landscape waste, garbage (food waste, food or plastic packaging and diapers), trade waste (construction debris, roofing materials), used furniture, appliances or automobile parts.

Article 5 – Permits

Section 5.01    Permit Application:
Any person, business or municipality may conduct open burning, only upon     obtaining, after application, a permit, as required, from the Village of Pearl     City, and in accordance with the International Fire Code 2000 Edition, and     upon issuance of a permit, as required, by the appropriate City Code     Enforcement Official.  The lawful burning of leaves, in accordance with the     provisions of Article 2, shall not be prohibited by this paragraph.

                   Article 6 - Offensive Smoke

Section 6.01  Village Policy

It is the policy of the Village of Pearl City to:
    a)    Prohibit the burning of garbage, plastics, litter, refuse, and trash.
    b)    Permit the continued burning of dried landscape waste and small quantaties of construction wood scrap during daylight hours in a reasonable, prudent manner that is not offensive to the neighbors.
    c)    Permit the use of wood stoves, fireplaces, wood heaters, outdoor wood furnaces, and like combustion chambers; provided such combustion chambers are installed, maintained, and operated in accordance with manufacturer's recommendations and do not produce offensive or annoying smoke or odors that migrate across across property lines.
    d)    Pemit the use of outdoor wood heaters and furnaces, provided;
        1)    They are installed, maintained, and operated in accordance with manufacturer's recommendations and the Hearth, Patio, and Barbque Assocations (HPBA) "Best burn practices".
        2)    The chimney of such outdoor heater and or furnace extends to a height of two feet above the highest point of the roofs of the surrounding buildings.
        3)    Such outdoor heaters or furnaces must be at least fity (50) feet away from any neighboring buildings.
        4)    Requires that wood piles be neatly stacked.

Section 6.02  Offensive Burning prohibited:

The intentional burning of any combustible material, by any manner of means, is prohibited where such burning emits offensive, annoying, unpleasant, or obnoxious smoke or ash sa as to constitute and interference with, or an obstruction of, any person's reasonable and comfortable use and enjoyment of his property within the village limits.

Article 7 – Enforcement

Section 6.01    Penalties for Violation
Violation of the provisions of this ordinance or failure to comply with any of it’s requirements, including conditions and safeguards established in connection with variances or special use permits shall constitute a misdemeanor.  Any person who violates this ordinance, or who fails to comply with any of its requirements, shall upon conviction thereof be fined not more than _________ dollars or imprisoned for not more than ________ days, or both, and in addition, shall pay all costs and expenses involved in the case.  Each day such violation continues shall be considered a separate offense.

Section 6.02    Corrective Action
Nothing herein contained shall prevent the Village of Pearl City from taking such other lawful action as is necessary to prevent or remedy any violation.  All such costs connected therewith shall accrue to the person or persons responsible.

Section 6.03    Effective Date
This ordinance shall be in full force and effect form and after its passage, approval and publication, as approved by law.