open burning ordinance
Village of south pekin ordinances
Fire Prevention and Protection
section - 4-2-2 : open burning
4-2-2: OPEN BURNING
A. Definitions:
- BONFIRE: An outdoor fire utilized for ceremonial purposes.
- BRUSH: Tree trunks, limbs, branches and twigs.
- CEREMONIAL FIRE: An outdoor fire larger than three foot by three foot by three foot (3' x 3' x 3') which is used for entertainment purpoeses as part of a specifcally scheduled public or private event and excludes leaves, grass, shrubbery clippings or cuttings.
- INSTRUCTIONAL FIRE: The setting of fires for the purpose of instruction in methods of firefighting by the applicable fire department.
- INTENTIONAL FIRE: The setting of fires to combat or limit existing fires or in emergency or other extraordinary circumstances when reasonably necessary in the judgment of the responsible officer of the applicable fire department.
- LANDSCAPE WASTE: All accumulations of grass, shrubbery clippings or cuttings, leaves, flowers or weeds.
- OPEN BURNING: The burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed, when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust are open.
- RECREATIONAL FIRE: An outdoor fire for warmth, cooking for human consumption or temporary non ceremonial purposes where the fire is not larger than three fee by three feet by three feet (3’ x 3’ x 3’) and excludes leaves, grass, shrubbery clippings or cuttings.
B. Prohibitions:
- It shall be unlawful to build, light, kindle, permit or maintian any "bonfire" within the village limits.
- It shall be unlawful to build, light, kindle, permit or maintian any "ceremonial fire" within the village limits.
- It shall be unlawful for any person to cause or allow "open burning", unless permitted or approved in accordance with this code.
- It shall be unlawful to build, light, kindle, permit or maintain "any fire" so close to a building or structure as to cause danger thereto or under any other circumstances where there is a danger of the fire spreading.
- It shall be unlawful to build, light, kindle, permit or maintain any "any fire" on public or private roads, alleys, sidewalks or easements.
- It shall be unlawful to build, light, kindle, permit or maintain any "any fire" when the wind is in excess of ten (10) miles per hour.
- It shall be unlawful to build, light, kindle, permit or maintain any "open burn" other than between the hours of nine o'clock (9:00) A.M. and six o'clock (6:00) P.M..
- It shall be unlawful to build, light, kindle, permit or maintain any "recreational fire" past the hour of twelve o'clock (12:00) midnight.
- It shall be unlawful to build, light, kindle, permit or maintain any "open burning" of any materials other than dry landscape waste and brush, and the open burning of dry landscape waste and brush shall only occur on the property upon which the landscape waste and brush was generated.
- It shall be unlawful to build, light, kindle, permit or maintain any "open burning" of landscape waste and brush without being supervised until the fire is extinguished.
- It shall be unlawful to build, light, kindle, permit or maintain any "open burn" without a fire extinguisher or garden hose, or water source being available at the burning site.
- It shall be the responsibility of the individual conducting the burning and the owner of the property to satisfactorily determine that all conditions upon burning as noted above are complied with during any burning.
- All fires must be extinguished if they create a fire hazard, nuisance, pollution problem or threat to public health.
C. Exceptions:
- The setting of fires to combat or limit existing fires or in emergency or other extraordinary circumstances when reasonably necessary in the judgement of the responsible officer of the applicable fire department.
- The setting of fires for the purpose of instruction in methods of firefighting by the applicable fire department, provided however, firefighting equipment adequate for the size of the fire shall be on site and nearby during times of burning, burning shall not be for disposal purposes and all burning shall comply with other federal, state and local laws, rules and ordinances.