5-1-29: RECREATIONAL BURNING; CAMPFIRES OR MANUFACTURED FIREPLACES:
   (A)   Recreational Fires Permitted: Fire contained in outdoor fireplaces, or portable cooking units for the express purpose of cooking food for human consumption are permitted only if:
      1.   Fuel: The fuel for the fire is primarily charcoal, propane gas, natural gas, dry seasoned firewood or other similar and commercially prepared products for use as cooking fuel. No household or landscape materials may be burned.
      2.   Location: The fire shall be located at least ten feet (10') from any structure, property line or public roadway and twenty five feet (25') from any combustible or flammable material. The portable cooking unit shall not be placed on any combustible or flammable surface and must be elevated from ground level.
      3.   Attendance: The fire shall be attended at all times by an adult, and a means of extinguishing the fire (e.g., garden hose and fire extinguisher) shall be present. Fires must be fully extinguished prior to leaving the fire site unattended for any extended period of time. All cooking units shall be used according to manufacturers' directions and/or City guidelines.
   (B)   Campfires/Manufactured Fireplaces: The use of such manufactured open fireplaces, campfires or other similar devices shall be permitted in residential areas provided the following clearances are observed: Fifteen feet (15') from any combustible structure.
      1.   Only charcoal, propane gas, natural gas, or dry seasoned firewood, may be used in manufactured fireplaces, campfires, fire containers or other similar devices.
      2.   A means of extinguishment must be present during the use of manufactured fireplaces, campfires, fire containers or other similar devices such as a fire extinguisher or a garden hose connected to a reliable water source.
      3.   Open fireplaces, campfires, fire containers or other similar devices must be attended by an adult at all times when they are in use and must be fully extinguished prior to leaving the fire site unattended for any extended period of time.
      4.   A campfire shall be built on the ground in an area having a maximum diameter of six feet (6') which contains no vegetation. Campfires shall contain no more than three feet by three feet by three feet (3' x 3' x 3') of fuel material.
   (C)   Suspended Burning: The City of Momence reserves the right to suspend all permitted burning at such time that atmospheric conditions increase the risk of fire spreading from campfires and recreational fires due to dry weather patterns, or wind conditions are such that burning will cause smoke to create a nuisance to nearby residences.
   (D)   Nuisance Abatement: Any citizen of the City, when such a nuisance exists may maintain a complaint in the name of the City, perpetually, to enjoin all persons from maintaining or permitting such nuisance and to abate the same. In addition, the City Police, or Fire Department, upon observing any violation of this section, may enter upon private property and summarily abate any fire or burning that is in violation hereof. (Ord. 721, 8-15-2011)
   (E)   Penalty: Any person who violates this section is guilty of a petty offense as provided in this section and as established in section 1-4-1 of this Code. (Ord. 721, 8-15-2011; amd. Ord. 731, 1-3-2012)