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.
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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
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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.
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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-
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