A. Open Burning Prohibited: Except only as provided in subsections C and D of this section, it shall be unlawful and a public nuisance for any person to cause, suffer, or allow open burning of any kind within the Village, including, without limitation, the burning of "landscape waste" as that term is defined in subsection B of this section.
B. Definition Of Landscape Waste: The term "landscape waste" means, for purposes of this section, any and all accumulations of grass clippings, shrubbery and vine cuttings, leaves, trees, tree limbs, stumps, brush, and other materials accumulated from or as the result of the care of lawns, shrubbery, vines, trees, and other natural landscaping.
C. Exceptions To Prohibition Of Open Burning: The following instances of open burning shall be permitted, but only under the terms, limitations, and standards set forth in this subsection:
1. Recreational Fires: A recreational fire, if and only if conducted pursuant to a valid permit for open burning issued by the Lake Zurich Fire Prevention Bureau.
2. Fireplaces, Cooking Devices, And Pits: A fire in an outdoor fireplace, open flame cooking device, or fire pit in accordance with the following standards:
a. Outdoor fireplaces and chimneys shall be a manufactured container or structure that holds fire at the base of a chimney or hearth, is constructed of stone, brick, steel or other noncombustible materials, and is provided with a screen or a spark arrestor above the fire.
b. An open flame cooking device shall be a manufactured cooking device used for the preparation of food.
c. Each outdoor fire pit shall be dug into the ground in a manner that will prevent the burn materials from falling out of the pit. The above grade portion of the pit shall be constructed of stone, masonry, metal, or other similar noncombustible materials. The bottom of the pit shall be below grade and shall be comprised of gravel, stone, or dirt. The total open area of the pit shall be no larger than thirty inches (30") in diameter or four (4) square feet. The pit shall be surrounded by a noncombustible barrier that is at least six inches (6") above the coals or ash within the pit. A ring of sand, dirt, or other noncombustible material approximately thirty six inches (36") wide shall be provided around the pit to provide separation for combustibles. No plant material shall be allowed within that thirty six inch (36") ring.
d. Burn materials shall be comprised only of seasoned firewood, charcoal, natural gas, or LPG gas. No burn materials shall extend outside of the fire pit, fireplace, or open flame cooking device. No landscape waste materials of any kind shall be burned.
e. Every fire shall be located a safe distance from structures and overhangs such as houses, sheds, fences, trees, power lines, trellises, and balconies, decks, and rails. That distance shall be not less than fifteen (15) vertical feet and fifteen (15) horizontal feet for outdoor fireplaces and fire pits and three feet (3') for open flame cooking devices.
f. A fireplace or open flame cooking device placed on a combustible deck shall be placed on noncombustible material not less than one inch (1") thick and having an eighteen inch (18") perimeter around the fireplace or device. Further, that fireplace shall be located not less than fifteen (15) vertical feet and fifteen (15) horizontal feet away from all structures. Open flame cooking devices shall be located not less than three (3) vertical feet and three (3) horizontal feet away from all structures.
g. A means of fire extinguishment must be present and easily accessible during any open burning.
h. Every open burning shall be attended continuously by an adult not less than eighteen (18) years of age.
i. All open burning shall be prohibited when wind speed exceeds twenty (20) miles per hour.
j. All open burning, including the use of any fireplace, open flame cooking device, or fire pit, shall be prohibited at all times between the hours of twelve o'clock (12:00) midnight and seven o'clock (7:00) A.M. every day.
D. Exception For Governmental Agencies: This section shall not apply to the Village or to any other governmental agency properly conducting a controlled fire or burn; provided, however, that the Fire Chief may impose any condition or limitation on any such controlled fire or burn within the Village's corporate limits that the Fire Chief determines is necessary and appropriate to ensure the public health and safety. (Ord. 2006-11-460, 11-20-2006)
E. Penalty: Any person, firm, corporation, or entity that violates any provision of this section shall be subject to an escalating fine schedule pursuant to title 13, chapter 1, "Fee Schedule", of this Code. (Ord. 2006-11-460, 11-20-2006; amd. Ord. 2018-12-279, 12-3-2018)