(A) Village exemption. The village and its employees while performing village activities shall be exempt from the provision of this section.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BONFIRE. An unenclosed celebratory or food preparation fire, on private property only, which contains no garbage or items which would violate Federal and State EPA regulations, and substantially a wood product fire to prepare for food preparation or as part of a celebration.
GARBAGE. Waste resulting from the handling, processing, preparation, cooking, and consumption of food products.
HOUSEHOLD WASTE. Any solid waste (except garbage) derived from households.
LANDSCAPE WASTE. All accumulation of grass or shrubbery cuttings, leaves, tree limbs, and other materials accumulated as the result of the care of lawns, shrubbery, vines, and trees.
MUNICIPAL WASTE. The commercial, industrial, lunchroom, or office waste and construction or demolition debris.
OPEN BURNING. The combustion of any matter in such a way that the products of the combustion are emitted to the open air without originating in or passing through equipment for which a permit could be issued under the state’s Environmental Protection Act, being 415 ILCS 5.
PERSON. Any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity or their legal representative, agent, or assigns.
(C) Prohibitions.
(1) No person shall cause or allow the open burning of garbage, household waste, and municipal waste within the village.
(2) No person shall cause or allow the burning of landscape waste within the village except hereinafter provided.
(D) Restrictions on landscape waste. The open burning of landscape waste shall be permitted only on the following conditions.
(1) Landscape waste shall be burned on the premises on which such waste is generated.
(2) Landscape waste shall be burned only when atmospheric conditions shall readily dissipate contaminants.
(3) Landscape waste may be burned only if such burning does not create a visibility hazard on roadways, walkways, or railroad tracks.
(4) The open burning of landscape waste may only begin during daylight hours when a person over the age of 18 years is in attendance during the entire period of the burning, and the flames and smoke created by said burning are extinguished before 7:00 p.m. or before sundown as determined by the National Weather Service, whichever shall first occur.
(5) No open burning may occur during periods of time when determined by the Chief of Police that atmospheric conditions or local circumstances make such fires hazardous.
(6) No items may be burned which would be in violation of Federal or State EPA regulations.
(7) No open burning may occur within 250 feet of any elementary, junior, or high school property line during regular school hours when school is in session and students are present.
(Ord. 01-O-3, passed 10-15-2001) Penalty, see § 91.99