HomeMy WebLinkAboutOrdinances - MC-01-777 - 08/13/2001 - Chaper 10 BurningORDINANCE NO. MC-01-777
AN ORDINANCE AMENDING CHAPTER 10 OF THE
CITY OF MCHENRY MUNICIPAL CODE, BURNING
WHEREAS, the Mayor and City Council have determined that it is in the best interest
of the health, safety and general welfare of the citizens of McHenry to prohibit open burning,
except for recreational fires, anywhere in the City of McHenry.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That Section 10-18, of Article II, of Chapter *10, shall be and hereby is,
amended to read as follows:
Section 10-18. Prohibited burning.
The open burning of any materials or substances is hereby prohibited
within the City limits, except for a fire kindled for outdoor cooking, recreational
burning, and controlled burning for prairie or forest ecology management
purposes, subject to the conditions and limitations contained herein.
SECTION 2: That Section 10-19, of Article 11, of Chapter 10, shall be and hereby is,
amended to read as follows:
Section 10-19.Outdoor cooking.
A fire kindled for outdoor cooking shall be allowed within the City limits,
provided such fire is contained in a permanent fireplace, portable grill or other
appliance designed for the preparation of food and used in the manner it was
intended by its manufacturer.
SECTION 3: That Section 10-20, of Article 11, of Chapter 10, shall be and hereby is,
deleted in its entirety and shall hereinafter be and read as follows:
Section 10-20 Recreational burning.
Recreational burning shall be permitted within the City limits, subject to
the conditions and limitations contained herein.
(a) Definitions. Recreational burning shall be defined as follows:
1. A fire within an enclosed portable fireplace designed for outdoor
use.
2. A bonfire used for ceremonial purposes and conducted by
responsible individuals or organizations, but only upon special
permit issued by the City Council. Unless otherwise approved by
the City Council, a bonfire shall not exceed five (5) feet by five (5)
feet in size, shall not burn longer than three (3) hours, and shall not
be closer than fifty (50) feet from any structure. Adequate provision
shall be made to prevent the fire from spreading to within fifty (50)
feet of any structure.
(b) Conditions. Recreational burning shall be subject to the
following conditions:
1. Unless otherwise authorized by the City Council, recreational
fires shall occur on private property and at no time shall a
person start of maintain any fire in any street, sidewalk, park or
public right-of-way.
2. A recreational fire shall be attended at all times by an adult.
3. A garden hose connected to a water supply or other fire
extinguishing equipment shall be readily available for use.
4. Only seasoned dry firewood shall be used for a recreational fire,
provided, however, a small amount of paper and/or brush may
be used to start the fire as kindling.
5. The fire shall be extinguished when unattended.
6. Any smoke from a recreational fire shall not flow into an adjacent
or nearby building.
7. If at any time, the fire is found to be a nuisance to persons on
neighboring properties, the fire shall be immediately
extinguished.
SECTION 4: That a new Section 10-21, of Article Il, of Chapter 10, shall be and
hereby is, included to read as follows:
Section 10-21. Controlled burning.
Controlled burning of areas within the City for prairie or forest ecology
management shall be allowed provided that all necessary permits from the
Illinois Environmental Protection Agency and any other agency charged with
such review are properly secured and submitted to the City at least forty-eight
(48) hours prior to the date of such burning.
SECTION 5: All ordinances of parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 6: This Ordinance shall be published in pamphlet form by and under the
authority of the Corporate Authorities of the City of McHenry, McHenry County, Illinois.
SECTION 7: This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in pamphlet form as provided by law.
PASSED THIS
13TH
DAY OF
AUGUST , 2001
AYES:
BOLGER,
GLAB, LOW,
MURGATROYD, WIMMER
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
APPROVED THIS 13TH DAY OF AUGUST , 2001
ATTEST:
�Lc- L.
Cl CLERK
51