§ 10-2.1. Same—During fire hazard emergencies prohibited.

(a)

Definitions. For the purposes of this section, the following words shall have the meaning given herein:

(1)

City is the City of Effingham.

(2)

Person is any person, firm, partnership, association, corporation, company or organization of any kind.

(3)

Fire hazard emergency is a situation existing within the city which, in the opinion of the fire chief, poses a threat to the health, welfare and safety of the city due to extremely dry conditions, windy conditions or the shortage of water available for fire protection.

(4)

Landscape waste is any vegetable or plant refuse, except garbage and agricultural waste, and includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and lawn trimmings.

(b)

Application. The provisions of this section shall apply to all persons residing within the City of Effingham.

(c)

Authority to prohibit open burning. Upon designation of a fire hazard emergency by the fire chief, the fire chief is authorized to prohibit the open burning of landscape waste at any time within the city.

(d)

Enforcement by city police officers. Every police officer of the city shall, in connection with his duties imposed by law, diligently enforce the provisions of this section.

(e)

Warning upon first violation. Upon the first violation of this section, the person so violating this section shall receive a written warning. Any future violations shall be subject to the penalties provided hereafter.

(f)

Penalty subsequent violation(s). Any person violating the provisions of this section after having received a written warning shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed one hundred dollars ($100.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(g)

Currently prohibited burning not authorized. This section shall not authorize any burning as currently prohibited by Section 10-2 above.

(Ord. No. 42-88, §§ 1—6, 8, 7-5-88; Ord. No. 39-2016, §§ IV, V, 5-17-2016)

Editor's note

Being not specifically amendatory of the Code, the provisions of §§ 1—6 and 8 of Ord. No. 42-88, adopted July 5, 1988, have been codified as a new § 10-2.1 at the discretion of the editor.