§ 92.35 OPEN BURNING PROHIBITED.
   (A)   Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   GARBAGE. Refuse resulting from the handling, processing, preparation, packaging, cooling, and consumption of food products.
      (2)   LANDSCAPE WASTE. Any vegetable or plant refuse including but not limited to tree trimmings, weeds, leaves, grass, yard trimmings, and crop residues.
      (3)   OPEN BURNING. The combustion of any matter in such a way that the products of the combustion are emitted to the open air.
   (B)   Prohibitions.
      (1)   Open burning shall be prohibited within the corporate limits of the city.
      (2)   The burning of any garbage, waste, refuse, rubbish or substance of any kind within the city limits is hereby declared a nuisance and prohibited.
      (3)   The burning of landscape waste within the city limits is hereby prohibited. The burning of any landscape waste, consisting of brush, leaves, grass, trees, bushes, or other plants or plant waste is hereby declared to be a public nuisance.
      (4)   The terms of this section shall not be construed to prohibit the burning of fuels for cooking purposes, fuels in a domestic fireplace, campfires, ceremonial bonfires or any fire authorized by the city administration and the Fire Department, and any fire authorized by a valid IEPA permit, provided however that no garbage shall be burned in such cases.
      (5)   Wiener roasts shall be permitted to occur within the corporate limits of the city provided:
         (a)   The fires for the wiener roasts shall not be larger than is necessary to conduct the wiener roasts; and,
         (b)   The fire shall be fueled with only wood;
         (c)   The fire shall not be in a location or occur under circumstances which possess a risk to life or property within the city;
         (d)   The fire shall not be used as an excuse for burning leaves in violation of division (B)(2) above;
         (e)   A person in charge of the wiener roast shall first contact the Police Department to advise the Police Department of the plans for the wiener roast as to time, date, location and person in charge of the wiener roast;
         (f)   A person shall watch and control the fire until the fire is extinguished;
         (g)   The fire will be extinguished by 1:00 a.m. unless special permission is given by the Police and Fire Department;
         (h)   Recreational fires, using firewood in an approved home-made fire pit or a commercial fire pit, do not require notice to the Fire and Police Department. All home-made fire pits must be approved by the Fire Chief prior to their use. The Fire Chief shall maintain a listing of all approved home-made fire pits.
      (6)   Under no circumstances may any chemically treated material be ignited or burned within the city limits without express written consent of the city administration, Fire Department, IEPA, or other governmental authority.
(Ord. 2008-5250, passed 2-19-2008)