Health and Safety
14.04 Open Burning

Home

14.02 Aircraft
14.04 Open Burning
14.06 Volatile Gas
14.08 Abandoned, Unattended or Discarded Ice Boxes, Refrigerators, etc.
14.10 Surface Toilets Cesspools Privvy Vaults
14.12 Weeds
14.14 Explosives and Fireworks
14.16 Ambulances

CHAPTER 14.04

OPEN BURNING

Sections:

14.04.010 Definitions.
14.04.020 Open Burning Unlawful Exception.
14.04.030 Allowable Activities.
14.04.040 Activities Allowed Unless they Cause Air Pollution as Defined in the Environmental Protection Act.
14.04.050 Penalty.
14.04.060 Exception to Open Burning.

Horizontal Divider 16

14.04.010 Definitions.
 
 As used in this ordinance, the following terms shall have the following definitions:
 
A. Domicile Waste: Any refuse generated on a single family domiciliary property as a result of domiciliary activities. The term includes landscape waste, but excludes garbage and trade waste.

B. Garbage: Refuse resulting from the handling, processing, preparation, cooling, and consumption of food or food products.

C. Landscape Waste: Any vegetable or plant refuse, except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, and crop residues.

D. Open Burning: The combustion of any matter in such a way that the products of the combustion are emitted to the open air without originating in or passing through equipment for which a permit could be issued under Section 9(b) of the Environmental Protection Act, 1971 Illinois Revised Statutes, Chapter 111 ½; Section 1009(b).

E. Refuse: Any discarded matter; or any matter which is to be reduced in volume, or otherwise changed in chemical or physical properties, in order to facilitate its discard, removal or disposal.

F. Restricted Areas: The area within the boundaries of the City of Fairfield, plus a zone extended one mile beyond the boundaries of the City of Fairfield.

G. Trade Waste: Any refuse resulting from the prosecution of any trade, business, industry, commercial venture, utility or service activity, and nay government or institutional activity, whether or not for profit. The term includes landscape waste but excludes agricultural waste. (Ord. 954 Sec. 1 3-7-72)

14.04.020 Open Burning Unlawful Exception.

(
a) No person shall cause or allow open burning in the restricted area except as hereinafter provided.

(b) No person shall cause or allow the burning of any refuse in any chamber or apparatus unless such chamber or apparatus in designed for the purpose of disposing of the class of refuse being burned. (Ord. 954 Sec. 2 3-7-72)

14.04.030 Allowable Activities.
 
The following activities are not in violation of this ordinance unless they cause air pollution as defined in the Environmental Protection Act:

(a) The burning of fuels for legitimate campfire or recreational purposes or in domestic fireplaces provided that no garbage shall be burned in such cases.
(b) The burning of waste gases provided all such flares shall be equipped with smokeless tips or comparable devices to reduce pollution.
(c) Small open flames for heating tar, for welding, acetylene torches, highway safety flares, and the like.
(d) Activities which are not in violation of the Environmental Protection Act, as now in effect or as hereafter amended, or in violation of the Rules and Regulations of the Pollution Control Board now in force or as is hereafter amended shall not constitute a violation of this ordinance. (Ord. 954 Sec. 3 3-7-72)

14.04.040 Activities allowed unless they cause air pollution as defined in the Environmental Protection Act.
 
The following activities are not in violation of the above Sections of this Chapter 14.04 of the City of Fairfield passed and approved March 7, 1972, unless they cause air pollution as defined in the Environmental Protection Act: The burning of leaves only during the months of September, October, November and December of each year in the area outside the central business district on private property, and not on any public street, sidewalk, alley or right-of-way, during the hours from sunrise to sunset. Any fire burning at sundown shall be immediately extinguished by the person setting such fire. (Ord. 990 Sec. 1 10-9-73)

The burning of leaves only during the period from April 1 to May 15 of each year in the area outside the central business district on private property, and not on any public street, sidewalk, alley or right-of-way, during the hours from sunrise to sunset. Any fire burning at sundown shall be immediately extinguished by the person setting such fire. (Ord. 994 Sec. 1 3-12-76)

The burning of leaves, weeds and brush only during the period from March 1 to May 15 of each year in areas outside the central business district on private property, and not on any public street, sidewalk, alley or right-of-way, during the hours from sunrise to sunset. Any fire burning at sundown shall be immediately extinguished by the person setting such fire. (Ord. 1036 3-9-76)

The setting of fires to combat or limit existing fires when reasonably necessary in the judgement fo the responsible government officials shall not constitute a violation of this ordinance.

Open burning for which a permit has been obtained from the Pollution Control Board and is valid on the date of such burning shall not constitute a violation of this ordinance. (Ord. 954 Sec. 3 3-7-72)

14.04.050 Penalty.
 
Any person, firm or corporation violating this Title shall be fined not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00) for each violation. (Ord. 954 Sec. 4 3-7-72)

14.04.060 Exception to Open Burning.
 
Notwithstanding the provisions of this chapter, these provisions shall not apply to any trade, business, industrial, commercial venture, utility or service activity, and any government or institutional activity, whether or not for profit within the restricted area, as defined in Section 14.04.010 of this chapter, which are denied access to the Daubs Landfill in Wayne County, Illinois, for the purpose of disposing of their garbage, landscape waste, refuse and trade waste. (Ord. 1285 ss1, 1986)