[HISTORY: Adopted by the Board of Trustees
of the Village of Baxter Estates 9-19-2005 by L.L. No. 1-2005.
Amendments noted where applicable.]
It is hereby declared and found that the regulation
of fires, elimination of fire hazards, contamination of air from smoke,
and the protection of property exposed to destruction by fire within
the Village is necessary to the protection of the health and properties
of the inhabitants of the Village and within the public interest.
Unless otherwise expressly provided herein or
inconsistent in the context used, the following words shall have the
meanings herein indicated:
Any fire lighted and maintained, other than a fire in a stove,
furnace, or incinerator designed and constructed for the burning of
material.
Any individual, partnership, unincorporated association,
firm, corporation, organization or other entity.
Any fire contained within a stove, furnace, incinerator or
device that fully contains such fire and is so designed and constructed
as to prevent the spreading of the fire or discharge of burning particles
or materials into the atmosphere.
The Village of Baxter Estates.
A.
It shall be unlawful for any person to light, permit,
or maintain an open fire in or upon the streets, roads, highways,
sidewalks or public places within the Village for any purpose.
B.
It shall be unlawful for any person to light, permit,
or maintain an open fire any place within the Village within 25 feet
of any building or structure or within 10 feet of the property line
where such fire is located on private property.
C.
It shall be unlawful for any person to light, permit,
or maintain any open fire permitted hereunder unless such fire is
continuously attended and supervised by an adult or is contained within
a metal container or receptacle so designed, constructed, and used
to prevent the escape of burning particles or materials into the surrounding
air.
A.
It shall be unlawful to light, permit, or maintain
a protected fire outside any building except as permitted in the following
sections.
B.
Where any protected fire is located outside a building,
it shall be unlawful for any person to light, permit, or maintain
such fire except under the following conditions:
(1)
The stove, furnace, incinerator, or other device within
which such fire is contained must be so designed and constructed as
to be intended for such use and prevent the spreading of fire and
the escape of burning particles or materials into the surrounding
air.
(2)
The area outside the building to be used for a protected
fire shall be surfaced with gravel, cinders or cement, or similar
incombustible material for a distance of at least 10 feet from each
side of the device.
(3)
Any stove, furnace or incinerator utilized for a protected
fire shall not be larger than two feet in width and not more than
five feet in height and shall be constructed of cast iron twelve-gauge
steel or fire brick. The top of such device shall be equipped with
a spark arrester having openings of not more than 3/4 inch.
A.
It shall be unlawful to light, permit, or maintain
an open fire for the purpose of heating, melting or otherwise treating
metal articles, goods, materials or products of any kind or nature,
or for the purpose of reducing any articles, goods, materials or products
combining both metal and any other substance to the bare metal.
B.
It shall be unlawful to light, permit, or maintain
an open fire any place within the Village in other than daylight hours.
C.
It shall be unlawful to burn leaves, grass, weeds,
or other vegetation on any area within the Village.
D.
It shall be unlawful to deposit hot ashes, coals,
greasy or oily substances, or any other materials liable to create
spontaneous ignition, in other than covered metallic or other noncombustible
receptacles. Such receptacles, unless resting on a noncombustible
floor or on the ground, must be placed at least three feet away from
any combustible structure or material.
E.
It shall be unlawful to burn any material such as
rubber goods, mattresses, paper goods, rubbish, vegetation, or any
other material of any kind in such a manner that the surrounding air
is polluted by smoke from such burning.
The provisions hereof do not apply to the maintenance
and use of outdoor cooking facilities such as barbecue pits or fireplaces,
whether such facilities are of a permanent or portable nature.
[Amended 8-6-2015 by L.L.
No. 2-2015]
Each and every violation of, or failure to comply with, any
provision of this chapter shall constitute a violation hereof. Each
and every day that any such violation or failure occurs or continues
shall constitute a separate violation. Any person, entity, organization,
society, association, company or corporation who or which commits,
or takes part or assists in committing, any such violation shall be
punishable as follows: for a conviction of a first offense, by a fine
not more than $250, or imprisonment for a period not to exceed 15
days, or both such fine and imprisonment; for a conviction of a second
offense, both of which were committed within a period of five years,
by a fine not less than $250, nor more than $500, or imprisonment
for a period not to exceed 15 days, or both such fine and imprisonment;
and for a conviction of a third or subsequent offense, all of which
were committed within a period of five years, by a fine not less than
$500, nor more than $1,000, or imprisonment for a period not to exceed
15 days, or both such fine and imprisonment.
