Ordinance 2010-28 Ordinance No. 2010 - 010
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
PROVIDING FOR THE REGULATION OF OPEN BURNING
WHEREAS, the United City of Yorkville (the "City ") is a non home -rule municipality in
accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law;
WHEREAS, the Mayor and City Council deem it necessary to provide for the regulation of open
burning in order to promote the health, safety, and welfare of the City's residents.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 4, Chapter 1, Section 1 of the United City of Yorkville Code of Ordinances is
hereby deleted and replaced with the following:
4 -1 -1: OPEN BURNING:
A. Burning Restrictions; Nuisance Declared:
1. The open or outside burning of any materials, including plastic coated, treated paper,
paper materials, leaves or plant materials within the city limits is expressly prohibited.
(Ord. 1976 -40, 11 -4 -1976)
2. Burning of campfires in connection with camping outings by organized groups; or
recreational campfires by individuals are permitted, provided that the fires are conducted
in such a manner so as not to constitute a hazard or nuisance to persons or property. (Ord.
1996-10,9-12-1996)
3. Untreated paper, paper products, untreated wood, stumps, and logs may be burned,
provided:
(a) Such burning is not conducted within twenty feet (20') of any neighboring
building or structure;
(b) Such burning is continuously controlled and supervised by an adult with adequate
fire suppression devices immediately available. All campfires shall be
extinguished properly to avoid any reigniting;
(c) Such fires shall be contained within an adequate fixture or suitable retention
device so as to prevent ambers from carrying to neighboring properties; and
(d) Wind conditions do not exceed ten (10) miles per hour.
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4. 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.
1,
5. 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. (Ord. 2003 -71, 11 -10 -2003)
B. Nuisance Abatement: The city attorney or any citizen of the city, when such a nuisance exists as
set forth in subsection A of this section, may maintain a complaint in the name of the city,
perpetually, to enjoin all persons from maintaining or permitting such nuisance and to abate the
same. In addition, the city police, officers, inspectors or employees, upon observing any violation
of subsection A of this section, may enter upon private property and summarily abate any fires or
burning that is in violation hereof (Ord. 1970 -54, 3 -12 -1970) - -
Section 2. If any Section, subsection, sentence, clause, phrase or portion of this Chapter 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.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of 2010. j
ROBYN SUTCLIFF DIANE TEELING --
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS LIX,
ROSE ANN SPEARS GEORGE GILSON, JR. (�
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this /(p
day of J U &I r:::.- 2010.
Y A
MAYOR
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