[HISTORY: Adopted by the City Council of
the City of Lexington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-12-1989 by Ord. No. 1989-6 (Ch.
3, § 3.17, of the 1998 Code)]
Except as provided herein, no person shall cause
or allow the open burning of any combustible material, conduct any
salvage operation by open burning, or cause or allow the burning of
any combustible material in any chamber not specifically designed
for the purpose and approved by the Illinois Environmental Protection
Agency.
It shall be lawful for a person to set fire
to, ignite, or burn any combustible material in any outdoor fireplace,
grill, or barbecue pit if:
A.
Such fire is used solely for the purpose of cooking;
and
B.
Such fire is kept under competent and continuous supervision;
and
C.
All flammable and combustible material is removed
a sufficient distance from the fireplace, grill, or barbecue pit so
as not to constitute a fire hazard; and
D.
All fires or coals in said fireplace, grill, or barbecue
pit are thoroughly extinguished after the use thereof has been completed.
A.
It shall be lawful under this section for a person
to engage in open burning of waste vegetation. Waste vegetation shall
be defined as leaves, bushes or tree limbs which are five inches in
diameter or less. In the event the diameter of such tree or bush limbs
exceeds five inches in diameter, a person wishing to burn such items
will be permitted to do so only after obtaining written authority
from the Chief of the Lexington Fire Department.
(1)
Such authority may be granted if, but only if, the
Chief finds that:
(a)
The site and immediate surroundings of the burning
are free from hazards;
(b)
The burning would not have adverse impact on
residents of adjacent properties;
(c)
The applicant has agreed to take any and all
precautions and follow any instructions established by the Chief;
(d)
The burning will not generate noxious fumes,
smoke or odors; and
(e)
The cost of alternative disposal of such vegetation
is prohibitive.
(2)
The Chief may revoke his/her authority orally or in
writing if he/she finds that there has been a change in any of the
conditions or circumstances upon which he/she authorized the burning,
including, but not limited to, weather conditions at the time of the
proposed burning.
B.
Exception to burning of waste vegetation. It shall
be unlawful for a person to engage in open burning of waste vegetation
while school is in session on Monday through Friday prior to 3:00
p.m. in the area bounded by:
[Added 10-26-1998 by Ord. No. 1998-11[1]]
|
Bowery Street on the north
| |
|
Elm Street on the east
| |
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Cedar Street on the west
| |
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North Street on the south
|
Any person, firm or corporation violating the
provisions of this article shall be punishable by a fine in an amount
not to exceed $750. A separate and distinct offense is deemed committed
each day such violation continues.
[Adopted 5-29-1990 by Ord. No. 1990-5 (Ch.
3, § 3.18, of the 1998 Code)[1]]
No person shall cause or allow the open burning
of any combustible material or waste vegetation in any barrel, bin
or other container or chamber not specifically designed for the purpose
and approved by the Illinois Environmental Protection Agency, pursuant
to regulations adopted by the Illinois Pollution Control Board.
Any person, firm or corporation violating the
provisions of this article shall be punishable by a fine in an amount
not to exceed $750. A separate and distinct offense is deemed committed
each day such violation continues.
