HomeMy WebLinkAboutOrdinances - MC-18-1175 - 07/10/2018 - Recreational BurningCity of McHenry
McHenry County
State of Illinois
ORDINANCE NUMBER MC-18-1175
An Ordinance amending the Municipal Code Chapter "10", Article "1", Section
"10.5" "Recreational Burning"
ADOPTED BY THE
CITY COUNCIL.
OF THE
CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Published in pamphlet form by authority of the City Council of the City of
McHenry, McHenry County, Illinois this�� "day of A 2018
,,-
Ordinance No. MC-18- =�
An Ordinance amending the Municipal Code Chapter 111011, Article "1", Section
"10-5"
"Recreational Burning"
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the
State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's
home rule powers and functions as granted in the Constitution of the State of Illinois; and
WHEREAS, the City of McHenry finds it to be in the best interest of the health,
safety, and welfare of the citizens of the City of McHenry, to amend the Municipal Code
to allow for the use of an outdoor fireplace, subject to certain conditions; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MCHENRY, as follows:
SECTION 1: The recitals listed above are incorporated into this Ordinance as if
fully set forth in this Section 1.
SECTION 2: AMENDMENT. Chapter 10, Article 1, Section 10.5, entitled
"Recreational burning" of the Municipal Code of the City of McHenry is hereby by
amended (additions are identified as underline and deletions are identified by
strikethroughs):
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:
1. A fire within an enclosed pertable 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. Permanent or stationary fire pits: Each permanent outdoor fire pit shall be dug
into the ground in a manner that will prevent the burn materials from falling
out of the pit. The above grade portion of the pit shall be constructed of stone,
masonry metal or other similar noncombustible materials. The bottom of the
pit shall be below grade and shall be comprised of gravel, stone, or dirt. The
total open area of the pit shall no more than fortesfoLty eight inches 48") across and
no more than twenty four inches (24") in depth from the bottom of the pit to
the top of the above -grade materials The pit shall be surrounded by a
noncombustible barrier.
3. Portable fire places shall be located on a noncombustible hard level surface
when in use such as but not limited to concrete paver bricks, or asphalt.
4. A recreational fire shall be attended at all times by an adult.
5. A garden hose connected to a water supply or other fire extinguishing
equipment shall be readily available for use.
6. 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.
7. The fire shall be extinguished when unattended.
8. Any smoke from a recreational fire shall not flow into an adjacent or nearby
building.
9. If at any time, the fire is found to be a nuisance to persons on neighboring
properties, the fire shall be immediately extinguished.
SECTION 3. SEVERABILITY. hi the event that any section, clause, provision,
or part of this Ordinance shall be found and determined to be invalid by a court of
competent jurisdiction, all valid parts that are severable from the invalid parts shall
remain in full force and effect. If any part of this Ordinance is found to be invalid in any
one or more of its several applications, all valid applications shall remain in effect.
SECTION 4. REPEAL AND SAVINGS CLAUSE. All ordinances or parts of
ordinances in conflict herewith are hereby repealed; provided, however that nothing in
this Ordinance shall affect any rights, actions, or causes of action which shall have
accrued to the City of McHenry prior to the effective date of this Ordinance.
SECTION 5. EFFECTIVE DATE. This Ordinance shall only be effective
upon the passage, approval, and publication in the manner required by law.
PASSED BY ROLL CALL VOTE OF THE CITY COUNCIL MEMBERS of
the City of McHenry, McHenry County, Illinois, this day of 2018.
Ayes Nays Absent Abstain
Alderwoman Condon
Alderman Curry
Alderman Devine
Alderman Glab
Alderman Mihevc
Alderman Santi
Alderman Schaefer
Mayor Jett
APPROVED THIS L, DAY OF, 2018
(SEAL) MayorTyPe Jett
i
ATTEST: A _ j f '4 'm
Deputy City Clerk, Debra Meadows
Published: