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HomeMy WebLinkAboutOrdinances - MC-98-715 - 12/14/1999 - Ch 10 Burning Open Fires et alMC-98-715 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, FIRE PROTECTION AND PREVENTION, OF THE McHENRY MUNICIPAL CODE WHEREAS, Chapter 10 of the McHenry Municipal Code currently regulates the burning of leaves within the City limits; and WHEREAS, the City, through its waste hauler, offers curbside leaf pick-up, and a yard waste drop-off program which provides residents with alternatives to the burning of leaves; and WHEREAS, due to the success of these alternative programs, the Mayor and City Council have determined that it is in the best interests of health, safety and general welfare of the citizens of McHenry to prohibit the burning of leaves 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 Article II, entitled, "Open Fires", of Chapter 10, entitled, "Fire Protection and Prevention", shall be, and it hereby is, deleted in its entirety, and shall hereinafter be and read as follows: ARTICLE II. OPEN FIRES Sec. 10-16. 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. 1 Sec. 10-17. Proximity to structures or 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. 10-18. Prohibited burning. The burning of leaves, landscape waste, trash, rubbish, or construction debris is prohibited, except as otherwise provided herein. Sec. 10-19. Allowable burning. Twigs, branches, papers, paper goods, and cardboard may be burned anywhere in the City, but only in accordance with the following provisions: (a) Twigs and branches. The burning of twigs and branches shall be allowed only between the hours of 8:00 a.m. and sunset. Twigs and branches must be properly piled at least ten (10) feet away from any structure and attended, provided, however, that no burning shall occur on a public street, sidewalk or within a right-of-way. No burning shall be allowed on a windy day or within forty-eight (48) hours after a rain totaling one -quarter (1/4) inch or more. (b) Papers, paper goods, and cardboard. The burning of papers, paper goods, and cardboard shall be allowed but only under the following conditions: 1. Such burning shall be within an approved incinerator stove, furnace or fireplace so constructed and used as to prevent the spread of fire by an arresting screen or similar device which prevents the escape of igniting particle or burning material therefrom. 2. No such fire shall be lit within twenty (20) feet of any building or structure or within ten (10) feet of a fence or property line. 3. The area in which the incinerator to be used is located shall have a surface of gravel, cinders, cement or similar noncombustible material and this area shall r. extend at least five (5) feet from each side of such approved burning container. 4. Such burning shall be done in an incinerator no larger than five (5) feet in width and no more than five (5) feet in height. It shall be constructed of twelve -gauge steel or firebrick. The top of such incinerator shall be equipped with a spark arrestor having openings of not more than three -fourths (3/4) inch. 5. Any person maintaining or using an incinerator not complying with this Article for the burning of paper, paper goods or cardboard shall, upon written notice from the Chief of Police, cease to use such incinerator until said incinerator is altered or repaired to comply with this Article. 6. No paper fire shall be built or allowed to burn on any public street or sidewalk, or on a surface of asphalt composition. Sec. 10-20. 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 2: If any section, paragraph, subdivision, clause, sentence, or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair, 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. t1 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 THIS 14T4)AY OF DECEMBER 1998. Voting Aye: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD. Voting Nay: NONE. Absent: NONE. Abstain: NONE. APPROVED: THIS 14THDAY OF DECEMBER, 1998. ay Steven J. a- F WAU I : 6"10 11111 119 PIP, 54 HIM MmAwo 4