[HISTORY: Adopted by the City Council of the City of Waverly 4-7-1998 by Ord. No. 98-1. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any vegetable or plant refuse, except garbage, stumps, brush,
weeds, leaves, grass, shrubbery, yard trimmings, wood chips, grass
clippings, stalks, twigs and garden wastes.
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)].
Any individual, partnership, firm, corporation or other legal
entity.
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.Â
The open burning of landscape waste, but only:
(1)Â
On the premises on which such waste is generated, or a site or sites
provided and supervised by the City of Waverly, Illinois.
(2)Â
When atmospheric conditions will readily dissipate contaminants.
(3)Â
If such burning does not emit excess smoke creating a visibility
hazard on streets, alleys, roadways, sidewalks, private drives or
railroads.
(4)Â
Between the hours of 6:00 a.m. and 6:00 p.m.
(5)Â
When the open burning is personally supervised at all times by a
person at least 18 years of age.
(6)Â
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)Â
If the landscape waste has a moisture content that will allow for
an open and visible flame.
(8)Â
If such open burning could not result in airborne sparks or embers
which would spread the fire or fires.
(9)Â
If no burning occurs on any paved portion of any public street or
alleyway.
B.Â
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.Â
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.
