CHAPTER 8
BURNING RESTRICTIONS
SECTION
6-8-1: Prohibited; Nuisance Declared
6-8-2: Exceptions
6-8-3:    Partial Invalidity
6-8-4:    Penalty
6-8-1:  PROHIBITED; NUISANCE DECLARED:
A.   The burning of any garbage, waste, refuse, rubbish, or substance of any kind other than Landscape Waste, and clean dry paper products, within the Village limits is hereby declared a nuisance and prohibited. This prohibition shall also include the burning of any prohibited material in a "burn barrel" or other container used for the purpose of holding garbage, waste, refuse, rnbhish, or any other thing for the purpose of burning. "Burn barrel" means any container of any type used for the containment while burning or any material, substance, or thing.
B.   Nothing in this chapter shall be constrncd to prohibit the burning of fuels for cooking purposes, fuels in a domestic fireplace, recreational fires in a fire pit, campfire, or the like while burning clean wood, ceremonial bonfires authorized by the corporate authorities and the Fire Department provided that no garbage shall be burned in any such cases.
C.   Furthermore, the restrictions herein on burning shall not apply to the Village and nothing in this Chapter shall be construed to prohibit the Village of Erie from burning any garbage, waste, refuse, rubbish or substance of any kind within the Village limits as long as such burning has been approved by the Board of Trustees of the Village of Erie.
D.   Landscape Waste in this Chapter is defined as leaves. grass, tree limbs, shrubbery cuttings, and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees. Landscape Waste shall not include agricultural waste, commercial trade waste or disastrous debris as such tenns are defined by the Illinois Environmental Protection Agency and the lllinois Pollution control Board.
(Ord. 788, 5-9-2023)
6-8-2: EXCEPTIONS:
Open burning shall be prohibited within the corporate limits of the Village except as permitted under the following conditions and subject to any other laws adopted by the Village:
A.   The burning of Landscape Waste which is the combustion of Landscape Waste in such a way that the product of the combustion is emitted to the open air, shall be permitted but only:
   1.   Between the hours of nine o’clock (9:00) AM. prevailing time and six o'clock (6:00) P.M. on Tuesdays, Thursdays, and Saturdays, and at any time during the date designated as Halloween or the day designated by the Board of Trustees to celebrate Halloween each year.
   2.   On the premises on which such waste is generated.
   3.   That the burning does not occur within six feet (6') of any street or alley, on any street, sidewalk, alley or public ditch;
   4.   When the burning is constantly attended and supervised by a competent and responsible person over the age of sixteen (16) years until such burning is completely extinguished;
   5.   When such burning does not create a visibility hazard on streets, roadways, alleys, public sidewalks or railroad tracks;
   6.   The only Landscape Vlasle that can be burned are trees, leaves, and brush. No cut grass or weeds; and
   7.   No burn piles on the Village streets or right of ways.
B.   The burning of dead dry patches of grass and weeds to promote new growth and clear the ground which is the combustion of patches of grass and weeds in such a way that the product or the combustion is emitted to the open air, shall be pennitted but only:
   1.   Between the hours of nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. prevailing time on Tuesdays, Timrsdays, and Saturdays;
   2.   When the burning is constantly attended and supervised by a competent and responsible person over the age of sixteen (16) years until such burning is completely extinguished; and
   3.   When such burning docs not crea!e a visibility hazard on streets, roadways, alleys, public sidewalks or railroad tracks.
C.   The burning of cltan cardboard and dean dry paper products which is the combustion of clean dry paper products in such a way that the product of the combustion is emitted to the open air, shall be permitted but only:
   1     Between the hours of nine o'clock (9:00) A.M. and six o’clock (6:00) P.M. prevailing time on Tuesdays, Thursdays, and Saturdays;
   2.   On the premises where such waste is generated;
   3.   That the burning does not occur within six feet (6') of any street or alley, on any street, sidewalk, alley or public ditch;
   4.   When the burning is constantly attended and supervised by a competent and responsible person over the age of sixteen (16) years until such burning is completely extinguished;
   5.   When such burning does not create a visibility hazard on streets, roadways, alleys, public sidewalks or railroad tracks;
   6.   The only products bumed are clean paper products free of any plastics or other foreign material; and
   7.   The burning of clean paper products is contained in such a way as to not constitute an ignition hazard outside of the container.
(Ord. 788, 5-9-2023)
6-8-3: PARTIAL INVALIDITY:
If any section, subdivision, sentence or clause of this chapter is for any reason, held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Chapter, or the Title, which it amends.
(Ord. 788, 5-9-2023)
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