§ 10-2. Open burning regulations—Generally.

(a)

Definitions. For the purpose of this section, certain words and terms shall have the following definitions:

(1)

Burn off. To cause or allow the burning of landscape waste or vegetation on site without proper collecting, piling and attending of such burning as allowed in subsection (e) of this section.

(2)

EPA-approved incinerator. Equipment for which a permit has been issued by the Environmental Protection Agency in accordance with 415 ILCS 5/9.1 et seq.

(3)

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

(4)

Landscape waste. Any vegetable or plant refuse, except garbage and agricultural waste. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, shrubbery and yard trimmings.

(5)

Smolder. To burn sluggishly, without flame and often with much smoke.

(b)

General prohibitions:

(1)

It shall be unlawful to burn garbage of any kind at any time in the city.

(2)

It shall be unlawful to burn off leaves or vegetation from any area at any time in the city unless the owner of the property receives a permit from the fire department no less than five (5) working days prior to any burn off activity. Upon receiving a request for a burn off permit the fire department shall inspect each burn off location and determine if conditions are acceptable with respect to atmospheric conditions and local circumstances.

(3)

It shall be unlawful to burn landscape waste anywhere in the city on Tuesday, Wednesday, Thursday, and Sunday.

(4)

It shall be unlawful to burn landscape waste anywhere in the city after 6:00 p.m.

(5)

It shall be unlawful to allow landscape waste to smolder anywhere in the city at any time.

(c)

Restrictions on lighting or maintaining fires. It shall be unlawful to light or maintain. any fire anywhere in the city so close to any building or structure or any flammable material other than that to be burned as to cause a fire hazard. The term "fire", as used in this section, shall not be construed to mean or include a fire in a furnace, stove, boiler or fireplace for heating or culinary purposes.

(d)

Restriction on burning of paper products and other rubbish. It shall be unlawful to burn papers, paper goods, cardboard and other rubbish of any kind anywhere in the city except in an incinerator approved by the Illinois Environmental Protection Agency. This section shall not prohibit the burning of fuels for legitimate campfire, recreational and cooking purposes or in domestic fireplaces in areas where such burning is consistent with other laws; provided that no garbage shall be burned in such cases.

(e)

Restriction on burning landscape waste:

(1)

On-site burning of landscape waste. It shall be unlawful to burn landscape waste anywhere in the city except in an EPA-approved incinerator; provided however, that landscape waste that is generated on-site (i.e., landscape waste shall not be generated from one site and moved to another site for burning) may be burned in the open between the hours of 8 a.m. and 6 p.m. on Friday, Saturday, and Monday if properly piled away from any structure and attended by a reasonable person; and provided further, that this may not be done in such a way as to create a visibility hazard on roadways, railroad tracks and airfields, may not be allowed to smolder, may not be done on a driving surface, on a manhole cover, sidewalk, meter pit, storm drain inlet, or utility valve cover, and may not be done on those days on which the fire chief has determined that open burning will be offensive or objectionable due to smoke, odor emissions, or flammability concerns when atmospheric conditions or local circumstances make such fires hazardous.

(2)

Off-site burning of landscape waste. It shall be unlawful to burn off-site (i.e., landscape waste generated from one site and moved to another site for burning) landscape waste without first obtaining a permit from the fire department. Only two (2) permits per month shall be obtained by any one person, firm or corporation. In conjunction with off-site landscape burning permits the following restrictions shall apply, no burning of grass or leaves and the use of plastics or rubber shall not be used to start or intensify the open burn. Upon receiving a request for an off-site landscape waste burning permit the fire department shall inspect each off-site landscape burn location and determine if conditions are acceptable with respect to atmospheric condition and local circumstances. All other restrictions stated in paragraph (e)(1) shall apply.

(f)

Exceptions. The above restrictions on open burning shall not apply under the following circumstances:

(1)

Burning which is conducted in conjunction with training supervised by the Effingham Fire Department;

(2)

The burning by City of Effingham employees of tree limbs, branches and similar landscape waste which has been picked up by city employees immediately following a storm or other natural occurrence resulting in the need for such cleanup operations by the city.

(3)

Burning which is conducted for recreational and or culinary purposes in burn pits, love pits, outdoor grills, small camp fires, chimineas, and small cookouts.

(4)

Burning may be authorized on a special burn day as designated by the fire chief, after a large-scale storm event.

(g)

Conflict with BOCA Code. Where provisions of this section are in conflict with the provisions of the BOCA Basic Fire Prevention Code, as hereby adopted by the City of Effingham and as amended from time to time hereafter, the provisions of this section shall prevail.

(h)

Construction of section. This section shall not be construed to allow or permit any burning of materials prohibited by any other ordinance of the City of Effingham or any statute or regulation of the State of Illinois.

(i)

Penalty for violation. Any person, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be deemed guilty of a civil ordinance violation and shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Furthermore, any such person, firm or corporation may be ordered to provide restitution to the City of Effingham for any costs incurred by the City of Effingham as a result of the violation of this section, excluding attorney fees incurred in the prosecution of such violation. A separate offense shall be deemed to be committed on each day during or on which a violation occurs or continues.

(Code 1951, §§ 11-36, 17-27; Ord. No. 553, §§ I—III, 11-19-67; Ord. No. 50-87, §§ 1—9, 12-1-87; Ord. No. 65-98, 9-15-98; Ord. No. 39-2016, §§ I—III, 5-17-2016)