HomeMy WebLinkAboutOrdinances - MC-07-923 - 07/30/2007 - REPEAL AND UPDATE CHAPTER 10 FIRE PROTECTION AND POrdinance No MC-07- 923
An Ordinance providing for updates to
Chapter 10 of the City of McHenry Municipal Code
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County,
Illinois as follows:
SECTION 1: That Chapter 10 Fire Protection and Prevention of the City of McHenry
Municipal Code is hereby repealed and replaced with the following:
MUNICIPAL CODE
CHAPTER 10
FIRE PROTECTION AND PREVENTION*
ARTICLE I
OPEN FIRES**
(MC-98-715)
Sec. 10-1. In General.
It shall be unlawful to light or maintain any fire in the City except in accordance with the provisions of
this Article. The term "fire" as used in this Article shall not be construed to mean or include a fire in a
furnace, stove, boiler, or fireplace.
Sec. 10-2. Proximity to structures, flammables.
Notwithstanding any provision herein, it shall be unlawful to light or maintain any fire in the City so
close to any building or structure, or any flammable material other than that to be burned so as to cause a
fire hazard.
Sec. 10-3. Prohibited burning.(MC-01-777)
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.
Sec. 10-4. Outdoor cooking. (MC-01-777)
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.
Cross Reference - Where non-flammable building materials are required, Sec. 7-124; electrical
regulations, Sec. 7-125 et seq.; interfering with fire alarm wires, Sec. 7-166; false fire alarms, Sec.
14-4(c); fires in parks, Sec. 16-33; burning prohibited on streets, Sec. 21-19.
** Cross Reference - Burning prohibited on streets, Sec. 21-19.
Sec. 10-5. Recreational burning. (MC-01-777; MC-02-812)
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:
I . 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. Unless otherwise approved
by the City, a bonfire shall not exceed five feet by five feet in size, shall not burn longer
than three hours, and shall not be closer than fifty feet from any structure. Adequate
provision shall be made to prevent the fire from spreading to within fifty 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 or 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.
Sec. 10-6. Controlled burning. (MC-01-777)
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
hours prior to the date of such burning.
Secs. 10-7-10-31. Reserved.
ARTICLE H. FIREWORKS AND EXPLOSIVES***
Sec. 10-32. Definition of fireworks.
The term fireworks shall mean and include any explosive composition, or any substance or combination
of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary
exhibitional nature by explosion, combustion, deflagration or detonation, and shall include blank
cartridges, toy cannons, in which explosives are used, the type of balloons which require fire underneath
to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, bombs, or other fireworks of
like construction and any fireworks containing any explosive compound, or any tablets or other device
containing any explosive substance, or containing combustible substances producing visual effect;
*** Cross Reference - Fireworks and explosives in parks, Sec. 16-29.
provided, however, that the term "fireworks" shall not include snake or glow worm pellets; smoke
devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches",
"cigarette loads" and "auto burglar alarms"; sparklers; - toy pistols, toy canes, toy guns,, or other devices
in which paper or plastic caps containing twenty-five hundredths grains or less of explosive compound
are used, providing they are so constructed that the hand cannot come in contact with the cap when in
place for the explosion; - and toy pistol paper or plastic caps which contain less than twenty hundredths
grains of explosive mixture; - the sale and use of which shall be permitted at all times. (MC-90-529)
Sec. 10-33. Use prohibited without license.****
It shall be unlawful to discharge or set off any squib, rocket, cracker, torpedo, grenade, gun, revolver,
pistol, cap, or cartridge, or other combustible firecrackers or fireworks of any kind, without first
obtaining a license therefore as is provided herein.
Sec. 10-34. Public displays.
The public exhibition of fireworks or pyrotechnics shall not be given unless a permit therefore shall be
first secured from the City Council and all such public displays and exhibitions shall be under the
supervision of a competent person as approved by the City Council. The conduct of such exhibition
shall be superintended by the Chief of Police or a member of the Police Department assigned by the
Chief of Police to this duty.
Sec. 10-35. Sale, storage and possession prohibited.
No person shall store, exhibit or have in his possession with intent to give away, or sell, or offer for sale
within the City, any squib, rocket, cracker, torpedo, grenade or other combustible firecracker or
fireworks of any kind, or similar fireworks device.
Sec. 10-36. Exemption for signaling devices.
The prohibition against the use and sale of fireworks and explosives as defined herein shall not apply to
the sale, storage or use of railroad track torpedoes, or other signaling devices used by railroads or by
other persons in the interest of public safety.
* * * * Cross Reference - Licenses generally, Ch. 12.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the
remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and Approved this 301h day of July, 2007.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Not Voting: None.
Absent: Condon.
Abstain: None.
APPROVED:
ayor
(SEAL)
ATTEST:
Ci y Cler