§ 130.34 OPEN BURNING.
   (A)   Prohibition. No person, firm, company, corporation, association, joint venture, partnership, trust, estate or any other legal entity, shall openly burn on any property within the corporate limits of the village, any leaves, brush, grass, lumber, rubbish, garbage, trash, or other combustible materials, notwithstanding the exceptions and provisions herein.
   (B)   Yard waste burning.
      (1)   It shall be unlawful for any person to burn or allow to be burned any leaves, twigs or similar yard waste, provided, however, that yard waste generated on a site may be burned within that site between specified dates and times as follows:
         (a)   Between March 15 and May 15, but only on Wednesdays and Saturdays, and only between the hours of 9:00 a.m. and 6:00 p.m.; and
         (b)   Between November 1 and December 15, but only on Wednesdays and Saturdays, and only between the hours of 9:00 a.m. and 4:00 p.m.; excluding the Wednesday before Thanksgiving and the Saturday after Thanksgiving.
      (2)   Joint burning of yard waste shall be permitted on an adjacent site, with both owners’ approval.
      (3)   Should the weather be excessively windy, conditions be wet, or air forecasted to be unhealthy for sensitive groups (101 - 150) or higher, as determined by the Illinois Environmental Protection Agency, burning between dates specified in division (B)(1) above shall not be permitted. In the event of such conditions, the village will post its determination on the village’s website, and send a Code Red alert to residents registered for such alerts. However, it shall be incumbent on anyone intending to burn yard waste, to first reference the village website for any such notice.
      (4)   In the event of a major storm affecting the village and causing the significant downing of trees and branches, the Fire Chief or Acting Fire Chief may authorize burning of yard waste outside the burn dates specified in (B)(1) above, for up to two weeks after such an event, and between dawn and dusk on those days, but may impose additional limitations if so warranted.
      (5)   Burn permits issued by the Illinois Environmental Protection Agency are exempt from the date and time limitations of division (B)(1) above.
      (6)   No burning shall be allowed on any public right-of-way, on any public street surface, or within any open storm water ditch within the public right-of-way.
   (C)   Barbecue pits or grills. Division (A) above shall not apply to barbecue pits or grills, as long as they are being used for their intended cooking purpose, and are using a fuel approved by and as intended by the manufacturer.
   (D)   Recreational fires. Division (A) above shall not apply to open burning in the form of a recreational fire that conforms to the following guidelines:
      (1)   Recreational open burning shall be allowed without a permit only within a stove, fire place, fire pit, fire ring or other similar appliance constructed or manufactured for the purpose of recreational fires; further provided, however, that:
         (a)   Recreational fires are only permitted to be fueled by natural gas, propane, dry twigs and similar kindling, dry, seasoned firewood, charcoal or commercial fire logs;
         (b)   The distance between any recreational fire and any structure must be and remain safe, in relation to the appliance and type of fuel being used; and
         (c)   Recreational fires must not exceed four feet in height and four feet in width; and
         (d)   Recreational fires must be completely extinguished by 1:00 a.m.
   (E)   (1)   Should a police, fire or other village official be required to investigate a complaint in relation to open burning, he or she shall have the authority to determine if the open burning falls within the parameters of one of the exceptions above, and to ensure that all rules and regulations are being followed.
      (2)   If it does not, he or she shall have the authority to require that the fire be extinguished and any spectators be dispersed, and to issue citations.
(Prior Code, § 13-223) (Ord. 1722, passed 4-20-2015; Ord. 1841, passed 9-17-2018) Penalty, see § 130.99