Village of Oakwood, IL
Vermilion County
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[HISTORY: Adopted by the Board of Trustees of the Village of Oakwood 8-12-1991 by Ord. No. 91-8-12-1. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 200.
Property maintenance — See Ch. 210.
Solid waste — See Ch. 231.
As used in this chapter, the following terms shall have the meanings indicated:
DOMICILE WASTE
Any refuse generated on single-family domiciliary property as a result of domiciliary activities. This term shall be deemed to exclude landscape waste, garbage and trade waste.
GARBAGE
Refuse resulting from the handling, processing, preparation, cooking and consumption of food or food products.
LANDSCAPE WASTE
Any vegetable or plant refuse, except garbage and agricultural waste. This can be deemed to include trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.
OPEN BURNING
The combustion of any matter in such a way that the products of the combustion are emitted into the open air without originating in or passing through equipment for which a permit could be issued under 415 ILCS 5/9(b).
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.
RESTRICTED AREAS
The area within the boundaries of the Village of Oakwood.
TRADE WASTE
Any refuse resulting from the prosecution of any trade, business, industry, commercial venture, utility or service activity, and any government or institutional activity, whether or not for profit. This term can be deemed to include landscape waste, but excludes agricultural waste.
[Amended 9-14-2020 by Ord. No. 20-7-13-2]
No person shall cause or allow the burning of any refuse, domicile waste or trade waste in the Village of Oakwood except in a chamber or apparatus having a design approved by the Village for the purpose of disposing of the class of refuse and waste being burned. No person shall cause or allow the burning of any refuse, domicile waste, landscape waste, garbage, trade waste or refuse on any Village street, alley, easement or Village-owned real estate unless approved by the Village President or the Public Works Director.
The terms of this chapter shall not be construed to prohibit the burning of fuels for cooking purposes in a domestic fireplace in areas where such burning is consistent with other ordinances and regulations, provided no garbage shall be burned in any case. Outside grills, either permanent or portable, shall be considered to be domestic fireplaces.
Open burning shall be prohibited within the corporate limits of the Village except as permitted by this chapter.
[Amended 9-14-2020 by Ord. No. 20-7-13-2]
The open burning of landscape waste shall be deemed not to be in violation of this chapter when conducted to conform with the following conditions:
A. 
On the premises on which the waste is generated.
B. 
When atmospheric conditions will readily dissipate contaminates.
C. 
If such burning does not create a visibility hazard on roadways or railroad tracks within the Village.
D. 
Except as where otherwise herein restricted, when such burning does not become a nuisance, annoyance or discomfort by reason of smoke, fumes, fly ash, dust, soot or noxious odor.
E. 
When such burning is constantly attended by a competent person until completely extinguished. Such person shall have the means for extinguishing any fire readily available for use as required.
F. 
When the location of such burning is at a safe distance from any structure and adequate provisions are made to prevent fire from spreading to any structure.
G. 
When conducted between the hours of 9:00 a.m. and 6:00 p.m. local time.
A. 
Any individual who violates any provision of this chapter shall be subject to a fine of not less than $25 for the first offense and not less than $100 for each subsequent offense.
B. 
The owner, lessee or occupant of any premises or person in charge of the burning therein and thereupon, who causes, permits or allows the violation of this chapter on said premises, is guilty of creating a nuisance and subject to penalty as herein provided.