ARTICLE V – OPEN BURNING

          26-5-1        DEFINITIONS.  Unless the context otherwise requires the words and phrases herein defined are used in this Article in the sense given them in the following definitions:

          “AGRICULTURAL WASTE” means any refuse, except garbage and dead animals, generated on a farm or ranch by crop and livestock production practices including such items as bags, cartons, dry bedding, structural materials, and crop residues but excluding landscape waste.

          “GARBAGE OR HOUSEHOLD TRASH” means refuse resulting from the handling, processing, preparation, cooking and consumption of food or food products; including plastic containers.

          “LANDSCAPE WASTE” means any vegetable or plant refuse, except garbage and agricultural waste.  The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, and yard trimmings.

          “OPEN BURNING” means the combustion of any matter in such a way that the products of the combustion are emitted to the open air without originating in or passing through equipment for which a permit could be issued under Section 9(b) of the Environmental Protection Act of the State of Illinois.

          26-5-2        BURNING PROHIBITED.  It shall be unlawful to cause or allow open burning of agricultural waste, household trash or garbage. 

          26-5-3        RESTRICTIONS ON BURNING OF LANDSCAPE WASTE.  The open burning of landscape waste shall be permitted only on the following conditions:

          (A)               Landscape waste shall be burned on the premises on which such waste is generated; and

          (B)               Landscape waste shall be burned only when atmospheric conditions shall readily dissipate contaminants; and,

          (C)               Landscape waste may be burned only if such burning does not create a visibility hazard on roadways, walkways, or railroad tracks; and,

          (D)               Open burning of landscape waste may only take place during daylight hours with a person over eighteen (18) years of age in attendance during the entire period of burning; and,

          (E)               No open burning of landscape waste shall be permitted on any streets or roadways; and,

          (F)               No open burning shall occur during periods of time when the Fire Chief or the Chief of Police have determined that atmospheric conditions or local circumstances make such fires hazardous and dangerous.

          (G)               All open burning shall occur between 8:00 A.M. and 5:00 P.M.; provided however, all fires shall be extinguished by sunset.