Village of Mahomet Ordinances Applicable to Fire Protection
VILLAGE OF MAHOMET BURNING ORDINANCE
The purpose of this subchapter is to prevent public and private nuisances caused by fire and smoke.
(Ord. 09-05-02, passed 5-26-2009)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BURN. To set or maintain any fire or instance of combustion outdoors.
FUEL. Dry, seasoned wood logs, branches or charcoal briquettes, as well as starter fluids or materials designed and used solely for the purpose of starting a fire.
LANDSCAPE WASTE. Leaves, grass, plants, tree limbs, shrubbery cuttings and other materials accumulated as a result of the care of lawns, gardens, shrubbery, vines and trees.
RECREATIONAL FIRE ENCLOSURE. A pit on cleared earth enclosed on all sides by masonry, concrete, rock materials or metal not exceeding 16 square feet or a metal, masonry or ceramic container designed for those purposes not exceeding 16 square feet. Burn barrels of any sort are prohibited.
RESPONSIBLE ADULT. An individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise a fire.
SMOLDER. To burn without flame resulting in dense smoke.
(Ord. 09-05-02, passed 5-26-2009)
(A) Except as provided in divisions (B), (H) and (I) below, it shall be unlawful to burn any papers, landscape waste organic refuse, garbage, construction materials or any other materials at any time in the village.
(B) The recreational burning of fuel for pleasure, religious, ceremonial, cooking, warmth or similar purposes may be allowed where the fire is contained to a recreational fire enclosure on property for which the owner of the property has consented to the fire. Any exceptions to recreational burning, including bonfires exceeding the limitations of recreational fire enclosure, shall require a permit. A permit may be acquired through the following process: applicant submits a written request to the Village Administrator’s office at least three work days in advance of the event. The Village Administrator responds with a letter of approval or denial. This letter is forwarded to the Fire Chief of the Cornbelt Fire Protection District and the Police Department. This letter also must be kept by the applicant for presentation, if requested.
(C) It shall be unlawful to burn within 20 feet of any tree, fence, deck, building or structure. A recreational fire enclosure may be used on a deck or patio when it can be safely so used and is used in compliance with manufacturer’s instruction.
(D) It shall be unlawful to burn on any public right-of-way, public street, road, alley, sidewalk or other public property, except for designated areas set aside for that purpose by the village.
(E) It shall be unlawful to permit any fire to smolder.
(F) It shall be unlawful to set or maintain any fire without the supervision of a responsible adult at all times and without proper extinguishing materials available.
(G) No fire shall contain any materials otherwise prohibited by the State Environmental Protection Act of the State Pollution Control Board Rules and Regulations. This includes, but is not limited to, wastes creating hazard or explosion, tires, rubber, petroleum-based materials, rubbish, garbage or materials containing asbestos. The State Environmental Protection Act also authorizes the State Environmental Protection Agency to impose conditions on permits that it may issue such as open burning permits for firefighter training/fire extinguisher training; prairie and ecological landscape burns; commercial/trade waste and open burning; and disaster debris and open burning.
(H) Nothing herein shall be construed to prevent burning by any governmental entity when officially permitted by an appropriate state or federal agency to do so.
(I) Nothing herein shall be construed to prevent burning of landscape waste on the premises upon which the landscape waste was generated, by any person maintaining a “farm” as defined within the village zoning ordinance and properties maintained as a forest preserve by the County Forest Preserve District.
(Ord. 09-05-02, passed 5-26-2009)
Cross-reference:
For the minimum fine, see § 35.01
§ 93.04 ADMINISTRATION AND ENFORCEMENT.
(A) It shall be the duty of the Village Administrator or his or her designee or the Police Chief or his or her designee, to administer and enforce the regulations contained herein.
(B) The Fire Chief of the Cornbelt Fire Protection District, or his or her designee, and the Police Chief or his or her designee is permitted to prohibit any or all outdoor fires when atmospheric conditions or local circumstances make the fire hazardous.
(Ord. 09-05-02, passed 5-26-2009)
For any other Village of Mahomet Ordinances please visit their website at https://www.mahomet-il.gov/