A. INTENT AND PURPOSE. Whereas, open burning creates a risk of losses due to fire and impairs air quality, regulation of open burning is necessary to protect the public health, safety, and welfare.
B. REQUIREMENTS
1. Exemptions
a. Subsections B.2.a. and B.2.b.; B.3.b.1–3.; and B.4.b. shall not apply to prescribed burns associated with ecologic restoration or natural landscape management, any burning of landscape waste for purposes of habitat reclamation, or firefighter training.
b. Subsections B.2.a. and B.2.b.; B.3.b.1–3.; and B.4.b. shall not apply to the burning of brush for purposes of domestic fireplaces or cooking or external fireplaces, or to self-contained outdoor wood-burning devices or fireplaces.
c. Subsections B.2.a. and B.2.b.; B.3.b.1–3.; and B.4.b. shall not apply to the open burning of brush for purposes of recreational fires.
d. B.2.a. and B.2.b.; B.3.b.1–3.; and B.4.b. shall not apply to the open burning of brush for purposes of ceremonial fires or bonfires provided that notice of any ceremonial fire or bonfire has been given to the fire protection district or fire department serving the area where the fire is to take place and a permit has been obtained from the McHenry County Department of Health. Failure to obtain a permit from the McHenry County Department of Health prior to conducting a ceremonial fire utilizing brush shall be deemed a violation of this article. Failure to notify the applicable fire protection district or fire department and obtain permission prior to conducting a ceremonial fire utilizing brush shall be deemed a violation of this article.
e. Subsection B.3.b.(1) shall not apply where the fire is located five hundred feet (500') or greater from a habitable structure.
2. Prohibition
a. Open burning of landscape waste shall not take place within one hundred feet (100') feet of a habitable structure.
b. Open burning of landscape waste shall not take place less than fifty feet (50') from any structure that is not habitable.
c. The burning of manure, garbage, litter or any materials other than landscape waste and/or brush is prohibited on any property in McHenry County.
d. The Chairman of the County Board shall have the authority to prohibit all open burning of landscape waste in the event of emergencies that require shifting of staff priorities or conditions that may represent significant potential for fire safety issues.
3. Restrictions
a. Any open burning in the County of McHenry shall be in accordance with the restrictions enumerated below:
b. The open burning of landscape waste shall only occur on the property upon which the landscape waste was generated. The burning of any materials other than landscape waste is prohibited.
c. The following restrictions upon the open burning of landscape waste on the property upon which it was generated shall prevail:
(1) Burning is permitted only on weekends, between dawn and dusk, during the months of October, November, April and May.
(2) Burning is not permitted when the wind is in excess of ten (10) miles per hour.
(3) Burning is not permitted of any material other than dry landscape waste and/or brush.
(4) Burning is not permitted on public or private roads, alleys, sidewalks or easements.
(5) Burning is not permitted when it is a visibility hazard on roadways, railroad tracks or airfields.
4. Conditions and Limitations of Open Burning
a. All open burning must be supervised by an individual at least 18 years of age until the fire is extinguished.
b. A fire extinguisher or garden hose or water source shall be available at the burning site.
c. It is the responsibility of the individual conducting the burning and the owner of the property to comply with all conditions upon burning as noted above during any burning.
d. It shall be unlawful for any person to cause or allow any open or uncontrolled burning of landscape waste and/or other materials in violation of the above regulations and restrictions.
e. Any ceremonial fire (bonfire) or recreational fire must be supervised by an individual at least 18 years of age or older.
f. The Chairman of the County Board shall have the authority to waive all or part of the requirements of this Ordinance in the event of emergencies resulting from natural phenomenon or civil strife.
5. Enforcement, Violations and Penalties
a. McHenry County Department of Health shall be primarily responsible for the enforcement of this Ordinance. Any enforcement officer of the McHenry County Department of Health, law enforcement agency, fire department or fire protection district is hereby authorized to enforce the provisions of this article.
b. Any person who violates any provision of this article shall be punished by a fine of one hundred dollars ($100) for a first time offense and a fine of up to one thousand dollars ($1,000) for offenses subsequent to the first offense. The burning of any toxic material and any prior convictions under this article shall be considered factors in aggravation for purposes of the assessment of any fines.
6. This Ordinance does not supersede any requirements of a government entity that may be more restrictive.
(Ord. O-201711-51-031, passed 11-14-17)