Village of Williamsville, IL Chapter 134 BURNING, OPEN

[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 155.

Article I Open Burning at Lake Properties

[Adopted 5-23-2005 by Ord. No. 2006-01]

§ 134-1 Permit required; fee.

A. No person or entity shall allow or start a ground fire at any of the Williamsville Lake properties without first having obtained a permit for the same from the Village of Williamsville Clerk.

B. No person or entity shall construct and operate a fire pit at any of the Williamsville Lake properties without first having obtained a permit for the same from the Village of Williamsville Clerk.

C. The permit fee for the permits required in Subsections A and B of this section shall be as forth in Chapter 155, Fees.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. The applicant or responsible party applying for either permit must be at least 18 years of age and of sound mind and body.

§ 134-2 Permit conditions.

Any person or entity who is issued a permit under § 134-1A or B shall comply with all the rules and requirements contained on said permit, as may be in effect from time to time.

§ 134-3 Penalties.

Any individual, person or entity found in violation of any section of this article will be subject to a fine of not less than $250 and no more than $750 for each violation.

Article II Open Burning of Landscape Waste

[Adopted 8-10-2009 by Ord. No. 2009-10]

§ 134-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:

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. The term specifically excludes grass.

PAVED STREET

Includes all public rights-of-way designed for motor vehicle use with surfaces composed of oil and rock, asphalt and rock, rock or concrete, including but not limited to public alleyways and streets.

§ 134-5 Time frame; restrictions.

The burning of landscape waste shall be allowed within the Village of Williamsville from 9:00 a.m. until sunset on each Tuesday, Thursday and Saturday of each month during the time period March 1 through May 20 (inclusive) and during the time period September 15 through December 15 (inclusive) of each calendar year subject to the following restrictions and mandatory conditions precedent to any fire or burning of landscape waste:

A. Burning of landscape waste is only permitted when wind air speed is 14 miles per hour or less. Said wind air speed shall be as reported by the National Weather Service at the time of the burning.

B. Prior to the starting of the fire the landscape waste to be burned shall be dry to the touch.

C. The fire must be supervised at all times by a legally competent adult until completely extinguished.

D. A water hose must be connected to a water source and shall be accessible to the fire supervisor within 15 feet of the fire.

E. All coals and ashes must be completely extinguished before the adult supervising the fire may leave the area.

F. No burning of landscape waste is permitted within 20 feet of any adjourning property owner's or renter's motor vehicle or residence.

G. The landscape waste shall be burned on the premises on which such landscape waste is generated.

H. All burning shall be conducted when atmospheric conditions will readily dissipate contaminants.

I. No burning may create a visibility hazard on paved streets or railroad tracks.

J. No burning of landscape waste is permitted on paved streets, public alleyways, public easement or drainage ditches.

K. No fire may be permitted to smolder after the end time for burning in the Village.

L. No burning shall be conducted on Veterans Day or Halloween Day.

M. No burning shall be conducted in burn barrels.

§ 134-6 Exceptions.

The restrictions regarding burning contained in this article shall not apply to the following:

A. The Village of Williamsville and its employees while acting within their scope of employment.

B. Outdoor grills while in use for the preparation of food.

C. Recreational fires built in a fire pit, fire ring or constructed of rocks or other similar noncombustible material, except that with respect to recreational fires the following restrictions and mandatory conditions precedent to any fire or burning shall apply:

(1) Fuel for a recreational fire shall consist of seasoned, dry firewood and shall be ignited with paper or kindling;

(2) No flammable or combustible liquids shall be used to start, kindle or rekindle a recreational fire;

(3) The recreational fire must be supervised at all times by a legally competent adult; and

(4) The recreational fire must be completely extinguished prior to the supervising adult leaving the area.

§ 134-7 Change in weather conditions.

Any burning or fire which continues after weather conditions have changed so that it is no longer appropriate for burning, including but not limited to when conditions are dry such as that there is a potential fire hazard and/or conditions threaten the safety of others, shall be extinguished promptly by the supervising adult.

§ 134-8 Penalties.

Any person or entity violating any provision of this article shall be subject to a fine or penalty in the sum of $50 for the first violation, $100 for the second violation and $500 for the third and any subsequent violation. Every day that such a violation is continued shall constitute a separate and distinct offense. In addition to such fine or penalty, any person violating any provision of this article shall also be required to pay all costs of and expenses incurred by the Village of Williamsville or any other agency responding to the violation. The Village is hereby authorized to place a lien against the real estate where the violation occurred in the amount of said costs and expenses.