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ORDINANCE NO. ____________________
AN ORDINANCE AMENDING THE CENTRALIA
MUNICIPAL CODE REGARDING OPEN BURNING
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CENTRALIA, ILLINOIS, that:
SECTION ONE: Section 9-1 of the Chapter 9 of the Centralia Municipal Code be and same is hereby amended to read as follows:
Sec. 9-1. Open Burning.
(a) Definitions: For purposes hereof, the following terms are defined as herein. Otherwise, terms shall carry their ordinary and customary definitions:
(1) Landscape waste means dry leaves; trimmings from trees and shrubs;
Tree limbs and branches, vines and the like. Landscape waste does
Not include grass clippings, green trimmings or branches, or wet leaves.
(2) Smolder means to burn sluggishly without open flame producing smoke.
(b) Open burning is prohibited, except as herein provided.
(c) The open burning of landscape wastes are permitted on the first full
Saturday and Sunday of each calendar month from 12:00 noon until 6:00 p.m., except for the months of September, October, and November. When the open burning of landscape wastes are permitted from 12:00 noon until 6:00 p.m. each Saturday and Sunday, except for the last Saturday and Sunday in the month of October.
(d) Recreation fires, being fires used to entertain or cook; pursuant to permit
issued by the City, subject to the following conditions;
(1) Recreation fires may burn sticks, limbs, logs, charcoal, cooking or
camping fuel only.
(2) No recreation fires shall be burned between midnight and 6:00 a.m.
(3) No recreation fires shall be burned during periods of high wind or
extreme drought.
(4) Recreational fires may not exceed an area dimension of six feet by
six feet.
(5) Garbage, trash, refuse, lumber, building materials, tires or landscape
waste, except as otherwise described, shall not be burned in a
recreational fire.
(6) Recreational fires shall be extinguished immediately upon direction of
police or fire personnel.
(7) To receive a permit, the applicant must file the written application along
with a $5.00 fee, to the fire department at least 24 hours prior to the
planned recreational fire. Only six (6) permits will be issued to a
residence in any calendar year.
(e) Burning of large accumulations of landscape waste or grasslands are permitted, subject to the following restrictions.
(1) Such burning shall not occur during periods of high wind or extreme
drought.
(2) Such burning shall be limited to a period of seven (7) consecutive days,
and must be extinguished fully at the end of the permitted burn period.
said period my be extended up to three days with an extension granted
by the fire department.
(3) Such burning shall not be conducted within 100 yards of any residence,
except with the written consent of the occupant thereof.
(4) Such burning shall not occur without a permit issued by the fire
department. The owner of the property upon which such burn is to occur,
or his agent, shall file a written application for a permit with the fire
department at least twenty-four hours before any burning; the application
shall be accompanied with a permit fee of One Hundred Dollars ($100).
The applicant shall allow the fire department to inspect the burn site and
the material to be burned prior to the burn, and will remove any ineligible
material upon direction of the fire department. Said applicant may apply
for the three (3) day extension of the original permit application to the
fire department and payment of an additional fee of Seventy-Five
dollars ($75.00).
(f) Any open burning permitted under this section shall be attended by a
responsible adult.
(g) No open burning permitted under this section shall be allowed to smolder, except for a burn permitted under subsection (e).
(h) No open burning permitted under this section may be conducted on any City street, roadway, alley, or manhole cover.
(i) Any open burning permitted under this section shall be halted and extinguished immediately upon direction of the City Manager, Fire Chief, Police Chief, or their agents if they determine that the open burning is being conducted in an illegal or unsafe manner, or unsafe place, or constitutes a danger to surrounding property or nearby structures, or which is creating unreasonable quantities of smoke. Any person who fails or refuses to comply with such an order to halt or extinguish the open burning shall be guilty of an offense.
(j) In the event that burning of landscape wastes on a weekend as designated in paragraph (c) above is made unsafe or impractical because of weather conditions, the City Manager may, in his sole discretion, designate another weekend during the same calendar month as a weekend on which the burning of landscape wastes will be permitted. On such a designated weekend, the hours of permitted open burning of landscape wastes set forth in paragraph (c) above shall apply.
(k) In the event of a sever storm resulting in an excessive amount of downed limbs and branches, the City Manager may declare a special open burning day to dispose of said limbs and branches. Said special open burning day will be on a Saturday, from 12:00 noon to 6:00 p.m.
(l) If it becomes necessary for the City to dispatch its fire department or any portion thereof to extinguish an illegal open burning, the person conducting said fire may be required to pay directly to the city, in addition to any fine levied, the sum of $200 to cover cots incurred by the City. Said sum shall be billed by the City and shall be payable within thirty days of billing. The City Manager is authorized to pursue whatever legal remedies are available to collect said sums.
(m) First time violators, per household and/or individual, of this Ordinance shall be issued a written warning. Subsequent violations shall be issued an Ordinance Violation Ticket and will be subjected to penalties as set forth in Ordinance O05-14. Households shall be defined as any person residing within or acting for a residential or commercial structure.
SECTION TWO: In all other respects, the Centralia Municipal Code shall
remain in full force and effect.
SECTION THREE: This Ordinance shall be in full force and effect ten day after
its passage and publication as required by law.
SECTION FOUR: The Clerk shall publish the Ordinance in pamphlet form.
PASSED This 9th DAY June 2008
__________________________
Attest: Mayor
______________________
City Clerk
______ Ashby
______ Clark
______ Kalert
______ Stanford
______ Ault
