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Ordinance 2003-71 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 4-1-1 OF THE UNITED CITY OF YORKVILLE CITY CODE REGULATING OPEN BURNING BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS: WHEREAS, the Mayor and City council of the United City of Yorkville, upon the recommendation and request of various members of the community, have considered the health and safety effects of burning leaves, refuse,building materials, and other vegetation within the City limits of the UNITED CITY OF YORKVILLE: and WHEREAS, the Mayor and City Council have found that leaf burning and the burning of building materials or refuse, along with the burning of other forms of vegetation, including shrubs, branches, wood, grass, weeds,plant material, and general vegetation, creates a substantial safety hazard for the risk of uncontrolled fire representing problems for persons living in the City, as well as a degradation of air quality, and generally promotes an unhealthy discharge of smoke throughout the City; and WHEREAS, burning of such material has a direct damaging impact on the safety and health of the people of the UNITED CITY OF YORKVILLE; NOW THEREFORE, the Mayor and the City Council of the UNITED CITY OF YORKVILLE, upon motion duly made, seconded and approved, hereby amend Section 4-1-1 of the United City of Yorkville City Code with respect to the burning of the above-stated materials within the City boundaries: Paragraph A, of Section 4-1-1 of the existing Ordinance is amended as follows: 3. The discharge into the outdoor atmosphere of fumes, smoke, gas or vapors or any combination from the burning of any materials other than untreated paper and paper products and wood as provided above shall be, for the purposes of this Section, declared air pollution and a public nuisance. 4. Controlled fires started and attended to by the personnel of the UNITED CITY OF YORKVILLE in order to control the growth of Prairie Grass or other vegetation to benefit the public health, safety or welfare shall be permitted. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. SEVERABIL,ITY: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. EFFECTIVE DATE: This ordinance shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. IN WITNESS WHEREOF, this Ordinance has been enacted this It VA day of �t4� hA� , 2003. PAUL JAMES MARTY MUNNS RICHARD STICKA Ilk WANDA OHARE VALERIE BURD ROSE SPEARS _ LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this \n''` day of t e'W\VIA , A.D. 2003. ; c MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois y� this t0 dayof �� hti , A.D. 2003. Atte I CLE 2 This Document Prepared by: Law Offices of Daniel J. Kramer I I 07 South Bridge Street Yorkville, Illinois 60560 630-553-9500