CHAPTER 93

FIRE PREVENTION

 

General Provisions 93.01 Storage of flammable liquids 93.02 Open burning 93.03 Smoking in negligent or reckless manner

Scenes at Fires 93.20 Removal of property saved at fire 93.21 Demolition of buildings to prevent spread of fire 93.22 Aid to Fire Department 93.23 Authority to make arrests at fires   93.99 Penalty

 

GENERAL PROVISIONS

 

§ 93.01  STORAGE OF FLAMMABLE LIQUIDS.

1. The storage of flammable liquids in above ground tanks is prohibited within the city limits except those above ground storage tanks that are constructed in compliance with Title 41 of the Illinois Administrative Code, or its successor, as amended from time to time. However, use of existing above ground tanks may be continued, but such tanks may not be replaced without complying with said Administrative Code. The foregoing sentence shall not be construed as prohibiting the use of propane tanks for heating.

2. The storage of gasoline in bulk quantities in underground storage tanks in a residential zoning district is prohibited.

(Am. Ord. 1145, passed 12-16-74; Am. Ord. 1485, passed 3-17-86) Penalty, see § 93.99

 

§ 93.02  OPEN BURNING.

1. For the purposes of this section, the following terms and words shall have the meaning herein given, unless the context otherwise clearly requires:

1. GARBAGE. Waste resulting from the handling, processing, preparation, cooking and consumption of food, and the waste from the handling, processing, storage and sale of produce.

2. LANDSCAPE WASTE. All accumulation of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as a result of the care of lawns, shrubbery, vines, and trees.

3. OPEN BURNING. The combustion of any matter in the open or in any open dump.

4. REFUSE. Shall mean waste.

5. WASTE. Any garbage or other discarded matter or material, including solid, liquid, semi-solid, or contained gaseous materials.

2. Except as hereinafter provided in paragraphs (D), (E), (F), and (G) of this section, no person, firm, or corporation shall burn any wood, brush, trash, papers, rubbish, garbage, waste, or any other discarded matter or material out-of-doors anywhere in the City. This section shall not prohibit the use of an outdoor fire for cooking.

3. No person, firm or corporation shall burn any trash, papers, rubbish, garbage, waste or any other discarded matter or material indoors in the city, except in an incinerator complying with all applicable laws and ordinances. Nothing in this division shall be deemed to prohibit the use of wood in stoves used for cooking, the use of wood in fireplaces for decorative fires, or the use of wood in fireplaces or stoves designed for heating.

4. The open burning of landscape waste within the city limits of the city is prohibited except as follows:

1. The open burning of landscape waste shall be permitted only between sunup to sundown of each day, but shall be prohibited on the following enumerated holidays: New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, Halloween, Thanksgiving and Christmas.
2. The open burning of landscape waste shall be permitted on private property, with the consent of the owner or person in charge of the property.
3. No person shall burn any landscape waste unless such fire is at least twenty (20) feet from any structure.
4. Any fire resulting from the burning of landscape waste shall be constantly attended by a competent person until such fire is extinguished; and a method to extinguish any such fire shall be immediately available in the vicinity of the fire.
5. The Chief of Police or his authorized agent may prohibit the open burning of landscape waste when the atmospheric conditions or other conditions at the location of the fire constitute a hazard, or when the fire creates excessive smoke or flying ash which presents a hazard to persons or property in the vicinity.
6. This division shall control in case of conflict with any other city ordinance.

5. In areas and upon properties zoned for agricultural and industrial, open burnings shall only be allowed where permitted by the Illinois Environmental Protection Agency or other state law or agency, other federal law or agency, or Tazewell County ordinance or agency.

6. In areas and upon properties zoned for commercial use, open burning shall not be allowed or permitted, except as may be permitted or allowed by federal or state law.

7. Bonfires and fires used solely for recreational purposes or for ceremonial occasions will be permitted only as follows:

1. Personal bonfires and personal fires used solely for recreational purposes or for ceremonial occasions will be permitted only to the extent that the fuel sources for such fire is a not otherwise prohibited source by the Illinois Environmental Protection Agency or other state law or agency, other federal law or agency, or Tazewell County ordinance or agency.

2. Bonfires and fires used solely for recreational purposes or for ceremonial occasions in connection with or as a part of an organized school or community activity, event, or function, will be permitted only with the prior written approval of the Chief of Police of the City.

(Ord. 1600, passed 9-5-89; Am. Ord. 2041, passed 10-7-96; Am. Ord. 2286, passed 5-7-01; Am. Ord. 2579, passed 12-6-04) Penalty, see § 93.99

 

§ 93.03  SMOKING IN NEGLIGENT OR RECKLESS MANNER.

 

No person, by smoking or attempting to light or to smoke cigarettes, cigars, pipes, or tobacco in any manner in which lighters or matches are employed, shall in a careless, reckless, or negligent manner whatsoever, whether willfully or wantonly or not, set fire to any bedding, furniture, curtains, drapes, house or any household fittings, or any part of any building whatsoever, so as to endanger life or property in any way or to any extent. Penalty, see § 93.99

 

SCENES AT FIRES

 

§ 93.20  REMOVAL OF PROPERTY SAVED AT FIRE.

 

No person shall be permitted to remove or take away any property in the possession of the Fire Department, saved from any fire until proof of the ownership shall have been made to the satisfaction of the Chief of the Voluntary Fire Department. Penalty, see § 93.99

 

§ 93.21  DEMOLITION OF BUILDINGS TO PREVENT SPREAD OF FIRE.

 

The Chief of the Voluntary Fire Department or any subordinate in command at a fire shall have the authority to order the removal of fences, lumber, or other combustibles, and the demolition of any house, building, or other structure when, in his opinion, such action is necessary to prevent the spread of the fire or the public safety requires it.  

 

§ 93.22  AID TO FIRE DEPARTMENT.

 

It shall be lawful for any member of the Fire Department in charge of fire apparatus to require the aid of any motor vehicle or other source of power in drawing or conveying fire apparatus to the scene of a fire or other emergency.

 

§ 93.23  AUTHORITY TO MAKE ARRESTS AT FIRES.

 

The Chief of the Voluntary Fire Department or any other member in command at the scene of a fire or other emergency or while in charge of fire apparatus, companies, or units, or any member of the Police Department shall, during the progress of any fire, arrest any person found stealing or trespassing upon any property, or any person violating any of the provisions of this chapter. 

 

§ 93.99  PENALTY.

 

Whoever violates the provisions of this chapter, for which another penalty is not already provided, shall be fined not more than five hundred dollars ($500.00) for each offense.