City of Waverly, IL
Morgan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Waverly as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Buildings and building construction — See Ch. 122.
Hazardous materials — See Ch. 153.
Nuisances — See Ch. 200.
Open burning — See Ch. 214.
[Adopted as Ch. 11, Art. I, of the 1973 Code]
It shall be unlawful for any person to knowingly start or spread any false alarm of fire in the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Whoever shall use any fire engine, hose, cart or any other apparatus belonging to the City for any private purpose, other than the extinguishment of fires, or whoever shall remove the same or any part thereof from its place of deposit, or having the control thereof shall permit such engine, hose, cart or other apparatus to be used for any private purposes other than as aforesaid, shall, upon conviction, be subject to a penalty as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
[Amended 5-6-2014 by Ord. No. 14-3; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Where a request for fire-fighting services outside the City limits is received, the Fire Department of the City may respond and provide fire-fighting services, if, as and when in the judgment of the Fire Department the required personnel and apparatus can be spared from use and availability inside the City limits. If such fire-fighting services are rendered, there shall be due to the City the sum set forth in the fee schedule established by the City Council. Any person who shall cause a call to be made to the Fire Department for fire-fighting services involving property outside the City limits, and who shall have a legal or beneficial interest in any such property, and any person who shall accept the services of the Fire Department in fighting a fire involving such property, or who shall permit or consent to such services, shall be deemed to have consented to pay the amount charged therefor as above provided.
The members of the Fire Department shall have charge and custody of property removed by them from the scene of a fire to avoid loss or damage, until the same is turned over to the owner or agent for the owner thereof.
All accidental or destructive fires occurring in the City are hereby declared to be an emergency. Such accidental or destructive fires will remain an emergency until extinguished.
It shall be the duty of all spectators at fires to obey all the orders of the members of the Fire Department on duty there with respect to keeping away from the scene of the fire or the handling of or interference with the apparatus of the Department.
[Adopted as Ch. 11, Art. III, of the 1973 Code]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
There is hereby adopted by the City, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain code known as the International Fire Code, 2018 Edition, published by the International Code Council. A copy of said Fire Code is now and shall in the future be on file and available to all citizens upon request in the office of the City Clerk. Such fire prevention code is hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the City.
In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of this Code of Ordinances, state law or other City ordinance, rule or regulation, the provisions of this Code of Ordinances, state law or City ordinance, rule or regulation shall prevail and be controlling.
Any person who shall violate any provision of the code adopted by the provisions of this article shall be deemed guilty of a misdemeanor, and shall be punished as provided by Chapter 1, Article III, Penalties and Enforcement, of the City Code. Each day such violation continues shall be deemed a separate offense.
As used in this article, the following terms shall have the meanings indicated:
CHIEF OF THE BUREAU OF FIRE PREVENTION
The Chief of the Fire Department of this City.
CORPORATION COUNSEL or CITY ATTORNEY
The City Attorney of this City.
MUNICIPALITY or CITY
The City of Waverly, Illinois.
The Chief of the Fire Department, with the ratification of the City Council, shall have the authority to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee or his duly authorized agent when there are practical difficulties in compliance with the provisions of the code; provided, however, that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of any such modifications, when granted or allowed, and the decision of the Chief of the Fire Department thereon shall be entered upon the records of the Building Department. A signed copy of the modification shall be furnished to the applicant.
Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the fire prevention code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the City Council; provided, however, that such appeal is made within 30 days from the date of the decision thus appealed.
The City Council, Chief of the Fire Department and qualified inspectors from the Building Department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those enumerated in the fire prevention code. Such accredited additions shall be listed by the Building Department in a conspicuous place and copies of said listing shall be distributed to interested persons upon request.
A. 
Permit required. Prior to the erection and installation of any anhydrous ammonia plant within the corporate limits of the City, the owner or owners of any such proposed plant shall first obtain a permit for such erection and installation.
B. 
Application for permit. An application to erect and install any anhydrous ammonia plant within the corporate limits of the City shall be made in writing to the City Council, and said application shall be accompanied by a legal description of the property on which said anhydrous ammonia plant is to be erected and installed and a detailed map of the area in which said plant is to be erected or installed showing the site of said plant, property lines and buildings within 500 feet of said plant.
C. 
Council consent required. No permit to erect and install any anhydrous ammonia plant within the corporate limits of the City shall be issued without the consent of the City Council.
A. 
Finding of facts. The City finds and declares that the carrying on of oil or gas drilling operations on the surface of lands within the corporate limits of the City and the production of oil or gas from lands within the corporate limits of the City, because of the highly combustible nature of such oil and gas, the noise, vibration and general disturbance which accompany any such drilling or production operations, and the noxious gases, odors and fumes which tend to pollute the atmosphere, the danger of explosion or blowout occurring during such operations, the presence of sludge pits and storage tanks and the processing or flaring of gas, the threat of pollution of surface and underground waters, and the tendency of such operations to promote conditions which are conducive to fires, will create conditions which are prejudicial to the health and safety of the residents of the City and detrimental to the use and enjoyment of their property within the City.
B. 
Prohibited. It shall be unlawful for any person to locate and sink or drill any well for oil or gas on, or engage in production of oil or gas from the surface of, any lands within the corporate limits of the City.
C. 
Permissible activity. It shall be permissible to pool lands within the corporate limits of the City in any producing unit so long as no surface structures or operations in connection with the activities of such producing unit are utilized or conducted in violation of the provisions of Subsection B.
D. 
Declaration of nuisance. The attempted locating, sinking or drilling of any oil or gas well or the attempted production of any oil or gas in violation of the provisions of this section is hereby declared to be a nuisance and an action for the abatement of such nuisance may be brought in the name of the City by the City Attorney in the Circuit Court.