2-13-4: REMOVAL:

In addition to any other remedies that may be available to the village, at law or in equity, for abatement of such nuisance, the village may remove any such garbage, junk or refuse from the property, subject to the provisions of article XII of this chapter. (Ord. 15-11, 3-19-2015)

2-13-5: PENALTY FOR VIOLATION:

   A.   Any person found to have violated the provisions of this article shall be subject to a fine of not less than one hundred fifty dollars ($150.00) and not more than seven hundred fifty dollars ($750.00) for such offense, in addition to the costs assessed to the village by the circuit clerk for any court proceedings.

   B.   Each day during which a violation of this article continues or is permitted to exist shall be considered a separate and distinct offense. (Ord. 15-11, 3-19-2015)

ARTICLE XIV OPEN BURNING

SECTION:

2-14-1: Definitions

2-14-2: Regulations

2-14-3: Brush Burning

2-14-4: Limited Burning

2-14-5: Penalty

2-14-1: DEFINITIONS:

BRUSH: Tree trunks, limbs, branches, and twigs.

CEREMONIAL FIRE: An outdoor fire larger than three feet by three feet by three feet (3' x 3' x 3') which is used for entertainment purposes as part of a specifically scheduled public or private event, and excludes any and all landscape waste.

GARBAGE: Any refuse products or materials, including, but not limited to, the following: putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, sale, spoilage, or consumption of food; glass, metal or plastic containers, products or objects discarded as no longer usable; paper, wood and cardboard waste; and discarded furniture or clothing.

LANDSCAPE WASTE: All accumulations of leaves, flowers, and weeds from grass, shrubbery or weeds, or clippings or cuttings thereof.

RECREATIONAL FIRE: An outdoor fire for warmth, cooking for human consumption or temporary nonceremonial purposes where the fire is not larger than three feet by three feet by three feet (3' x 3' x 3'), and excluding any landscape waste.

REFUSE: Garbage, rubbish, ashes, sweepings, manure, dead animals, privy or cesspool containers, or litter.

RUBBISH: Combustible and noncombustible waste material except garbage, and includes paper, boxes, dry grass, cans, broken crockery, glass, plastics, and the like. (Ord. 06-45, 8-10-2006)

2-14-2: REGULATIONS:

   A.   It shall be unlawful for any person to cause, suffer, allow or permit any open burning of any material, including, but not limited to, rubbish, refuse, wood, garbage, landscape waste, or any other material, except brush, in an open fire.

   B.   Any open burning of brush shall take place only in accordance with the conditions expressed in this article.

   C.   The terms of this section shall not apply to the following types of fires, whether on private property or on public property:

      1.   Burning of brush for cooking, in a domestic fireplace, in an exterior fireplace, or in a self-contained outdoor wood burning device or fireplace;

      2.   Burning of brush for a recreational fire;

      3.   Burning of brush for a ceremonial fire; provided, that notice of any ceremonial fire has been given to the local fire protection district serving the area where the fire is to take place and a permit has been obtained from the Kane County health department. Failure to obtain the health department permit prior to conducting the ceremonial fire shall be deemed a violation of this article. Failure to notify the local fire protection district and obtain its approval shall be deemed to be a violation of this article;

      4.   Burning of brush for purposes of the village department of public works;

      5.   Burning for natural area or habitat management, maintenance, reclamation or restoration;

      6.   Burning for firefighter training. (Ord. 06-45, 8-10-2006)

2-14-3: BRUSH BURNING:

   A.   Burning is permitted only on sunny days between ten o'clock (10:00) A.M. and three o'clock (3:00) P.M.

   B.   No burning shall be done on the paved surface of any public street, sidewalk or alleyway in the village.

   C.   Burning shall not be permitted when the wind velocity is in excess of ten (10) miles per hour, or when it has been determined by pronouncement of the Kane County health department that an atmospheric inversion or an ozone alert condition exists.

   D.   Only clean, dry brush shall be burned.

   E.   All burning must be supervised at all times until the fire has been extinguished; the person supervising the burning shall have readily available to him or her a garden hose connected to a source of water, or an adequate fire extinguisher, for fire extinguishing purposes.

   F.   It is the sole responsibility of the person conducting the burning to satisfactorily determine that all conditions under which burning shall be permitted under this section are met during any given period when he or she conducts such burning. (Ord. 06-45, 8-10-2006)

2-14-4: LIMITED BURNING:

Upon specific request to the village board of trustees, controlled burning on a limited basis for a school, governmental or other institutional function, may be allowed by the corporate authorities; provided that the corporate authorities find that such burning will pose no undue danger or inconvenience to adjoining property owners, and will not be detrimental to the general public health and safety of the community. (Ord. 06-45, 8-10-2006)