City of Waverly, IL
Morgan County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the City Council of the City of Waverly 4-7-1998 by Ord. No. 98-1. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 144.
Parks and recreation areas — See Ch. 221.
Streets and sidewalks — See Ch. 258.
As used in this chapter, the following terms shall have the meanings indicated:
LANDSCAPE WASTE
Any vegetable or plant refuse, except garbage, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, wood chips, grass clippings, stalks, twigs and garden wastes.
OPEN BURNING
The combustion of any matter in such a way that the products of the combustion are emitted to the open air without originally in or passing through equipment for which a permit could be issued under Section 9(b) of the Environmental Protection Act [415 ILCS 5/9(c)].
PERSON
Any individual, partnership, firm, corporation or other legal entity.
TRADE WASTE
Any refuse resulting from the operation of any trade, business, industry, commercial venture, utility or service activity, and any governmental or institutional activity, whether or not for profit. The term includes landscape waste but excludes agriculture waste.
It is unlawful for any person to intentionally or knowingly cause or allow open burning.
The following activities shall not be deemed in violation of § 214-2:
A. 
The open burning of landscape waste, but only:
(1) 
On the premises on which such waste is generated, or a site or sites provided and supervised by the City of Waverly, Illinois.
(2) 
When atmospheric conditions will readily dissipate contaminants.
(3) 
If such burning does not emit excess smoke creating a visibility hazard on streets, alleys, roadways, sidewalks, private drives or railroads.
(4) 
Between the hours of 6:00 a.m. and 6:00 p.m.
(5) 
When the open burning is personally supervised at all times by a person at least 18 years of age.
(6) 
If such open burning is conducted with due regard for the safety of others and appropriate precautions are taken to ensure that the fire is contained at all times.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7) 
If the landscape waste has a moisture content that will allow for an open and visible flame.
(8) 
If such open burning could not result in airborne sparks or embers which would spread the fire or fires.
(9) 
If no burning occurs on any paved portion of any public street or alleyway.
B. 
The burning of fuels for legitimate camp fire, recreational and cooking purposes or in domestic fireplaces when such burning is consistent with other laws, ordinances, rules and regulations.
C. 
The burning of waste gases.
The Waverly Police Department is charged with the responsibility of monitoring and enforcing this chapter. The Waverly Police Department, through its officers, may order the extinguishment of any fire which in the opinion of the officer on duty violates any one or more of the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Persons violating this chapter shall be subject to a fine of not less than $50 or more than $750 per offense. In addition, the City may, in its discretion, seek any other available remedy at law or in equity to restrain or enjoin violations of this chapter.