A. Leaf Burning Regulations:
1. Leaf burning will be allowed all year on Tuesdays, Thursdays, and Saturdays subject to the rules and restrictions contained herein.
2. In the event the resident elects not to burn leaves, the City will allow residents to continue to bag leaves in biodegradable bags and will collect such bag.
3. Leaf burning will only be allowed between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. on the days specified.
4. It shall be unlawful to light or maintain any leaf fire anywhere in the City close to or next to any building structure, or any flammable material. It is the recommendation of the City that leaf burning occur at least fifty feet (50') away from any structure.
5. Property owners and tenants may burn leaf fires only on a property that they own or upon which they reside. At any time, a party responsible for leaf burning may be required to provide evidence of ownership or tenancy.
6. It is unlawful for leaf fires to be burned on blacktop streets and/or blacktop driveways or any street or roadway.
7. It shall be unlawful to burn leaf fires when winds are in excess of ten (10) mph. All residents are asked to consult the Weather Channel or other similar and nationally recognized weather reporting service for wind speed information. All Chenoa residents may call the Chenoa City Clerk for wind speed information.
8. It shall be unlawful to burn large piles of leaves, thereby creating an uncontrollable fire.
9. Any leaf burning must be attended to by the individual conducting the burn and must be burned until the fire is completely out. It shall be unlawful to leave a leaf fire burning unattended.
10. An operable hose of sufficient size and capacity to extinguish the fire must be available at the burning site at all times when leaves are burning, and furthermore, must be ready for use and within the reach of the fire.
11. Property owners or tenants shall keep all storm drains on private property or on City property adjacent to or near their property free and clear of debris, including leaves and grass clippings.
12. When burning leaves, the party burning shall use discretion in determining the smoke drift and whether such drift is heading in the direction of a roadway and reducing visibility of drivers or drifting directly towards neighboring properties as to affect the health of the residents inside or outside. In all instances, the party burning shall use all efforts to ascertain whether individuals in close proximity may suffer from lung related illnesses or asthma and schedule burns when such residents are not present.
13. The City reserves the right, in consultation and coordination with the Chenoa Fire Department, to declare certain days or weeks banned for burning due to dry or otherwise volatile weather conditions.
B. Extinguish Hazards: Any police officer, firefighter, or other appointed Commissioner or officer of the City of Chenoa, may require any fire being burned if, in that official's opinion, such fire and the related smoke are injurious to the health or safety of any other citizens of the City, to be immediately extinguished by any individual conducting the burn.
C. Other Burning Prohibited: This section only provides for burning of leaves. Tree limbs, wood chips, grass clippings, mulch, bushes, trash, bottles, cans, tires, or other similar items are not allowed under this section unless provided for elsewhere in this Code.
D. Penalties: Any person who violates any of the provisions of this section shall be subject to the following penalties:
1. First offense: A fine of seventy five dollars ($75.00) if paid to the City Clerk within thirty (30) days of the issue date of the ticket and if not paid to the City Clerk within thirty (30) days of the issue date of the ticket for such offense, then the fine for such offense shall be one hundred dollars ($100.00).
2. Second offense within a two-year period: A fine of one hundred fifty dollars ($150.00) if paid to the City Clerk within thirty (30) days of the issue date of the ticket and if not paid to the City Clerk within thirty (30) days of the issue date of the ticket for such offense, then the fine shall be two hundred dollars ($200.00).
3. Third offense and all subsequent offenses within a two-year period: A fine of three hundred dollars ($300.00) if paid to the City Clerk within thirty (30) days of the issue date of the ticket for each such offense and if not paid to the City Clerk within thirty (30) days of the issue date of the ticket for each such offense, then the fine for such offense shall be three hundred fifty dollars ($350.00).
If any fine imposed by this subsection D is not paid within thirty (30) days of the issue date of the ticket for such offense, then the City Attorney may take such legal action as is necessary to collect said fine. (Ord. 732, 10-23-2017; amd. Ord. 821, 6-22-2021)