(a) Within the corporate limits of the City, no person shall burn any garbage, solid waste, commercial solid waste, yard waste, household waste, junk, bulky household waste, refuse, rubbish, construction waste, hazardous waste, buildings or structures.
(b) Nothing in this section shall be construed so as to prohibit any of the following acts:
(1) The use of outdoor fireplaces, grills or barbecues in the preparation of cookouts or other recreational fires, provided the following conditions are met:
A. No recreational fires shall be permitted except in approved containers or fire pits.
B. For the purposes of this section, approved container shall be defined as a device intended for the use of burning materials, including, but not limited to portable fireplaces or chimineas. The approved container may not be larger than forty-two inches in diameter nor more than forty-eight inches in height. A fire pit may not be more than forty-two inches in diameter nor more than thirty-six inches in depth. The Fire Chief or his or her designee has the final authority to approve or reject any container.
C. No approved container shall be located within eight feet of a structure or combustible material unless such container is placed on a non-combustible surface or there must be adequate clearance between the underside of the container and the surface it is placed on so as not to be a fire hazard, in the opinion of the Fire Chief or his or her designee. No approved fire pit shall be located within twenty-five feet of a structure of combustible material. Conditions that could cause a fire to spread within twenty-five feet of a structure shall be eliminated prior to ignition.
D. Only seasoned dry hardwoods may be used for recreational fires. For the purposes of this section the following woods shall be considered hardwoods: black ash, white ash, red oak, white oak, beech, blue beech, white birch, grey birch, yellow birch, paper birch, black birch, hickory, hard maple, pecan, dogwood, red or soft maple, cherry, black cherry, walnut, white elm, American elm, sycamore, gum, aspen, basswood, cottonwood, chestnut, apple, hemlock, black locust, sugar maple eastern hornbeam, hackberry, boxelder, and butternut.
E. All recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher with a 4-A rating or a functional garden hose shall be available for immediate use.
(2) The indoor incineration of firewood within an approved fireplace or wood-burning heating device;
(3) The use of State-permitted or licensed incinerators, but only for the burning of material for which they are licensed or permitted;
(4) Outdoor campfires on property owned by the Freeport Park District, provided that the Fire Chief or his or her designee shall first approve of any such outdoor campfire;
(5) The burning of scientifically established prairie grass, provided that the following conditions are met:
A. Burning shall be allowed only within areas zoned as "A" or "M" classifications, or properties under the control of the Freeport Park District;
B. No burning shall occur without at least twenty-four hours advance notice to, and the consent of, the Fire Chief or his or her designee;
C. A detailed sketch of the area to be burned shall be provided to the Fire Chief or his or her designee, which shall include estimated size of the area to be burned and the proximity to any fire exposure, including, but not limited to, structures or combustible materials;
D. No burning shall be allowed within 100 feet of any fire exposure, unless prior approval is obtained from the Fire Chief or his or her designee; and
E. Written permission shall be obtained from the property owner upon which the burning will be conducted, and notice shall be given to adjacent property owners within 100 feet prior to such burning;
(6) The burning of highway safety flares, smudge pots or other similar occupational needs;
(7) The burning of material for instruction in the methods of fire fighting or for research in the control of fires conducted as an authorized activity of the Fire Department; and
(8) Any activities permitted under Chapter 4 of the BOCA National Fire Prevention Code; as adopted in Chapter 1610 of this Fire Prevention Code.
(c) The Fire Chief or his or her designee may prohibit open burning that will be offensive or objectionable due to smoke or odor emissions, when atmospheric conditions or local circumstances make such fires hazardous, and may order the extinguishment of any open burning which creates or adds to a hazardous or objectionable situation.
(d) In addition to the penalties which may be imposed by a court of law in accordance with Section 1630.99
, any person violating the provisions of this section shall be assessed the following fees whenever the Fire Department is called to extinguish a fire prohibited by this section or by the applicable provisions of the latest edition of the BOCA National Fire Prevention Code which has been adopted by the City. The Public Works Director, in his or her sole discretion, may waive these additional fees for good cause shown. These fees may be collected by means of a civil lawsuit initiated and prosecuted by the City Legal Counsel:
(1) Twenty-five dollars ($25.00) per reasonably necessary firefighter called to the scene for the first hour or fraction thereof;
(2) Six dollars and twenty-five cents ($6.25) per reasonably necessary firefighter called to the scene for each fifteen minutes or fraction thereof after the first hour;
(3) Ten dollars ($10.00) per section of attack line used to extinguish such illegal fire; and
(4) The repair or replacement cost of any City-owned fire hose which is damaged, punctured, burned or destroyed while used to extinguish such illegal fire.
(Ord. 97-15. Passed 4-7-97; Ord. 2006-43. Passed 8-21-06; Ord. 2015-47. Passed 9-21-15; Ord. 2017-56. Passed 7-17-17.)