CHAPTER 10
HEALTH
Sec. 10-1. DEFINITION.
Open Burning, as used herein, is defined as the combustion of any matter in the open or in an open dump without originating and/or passing through equipment for which a permit has been issued by the Illinois Environmental Protection Agency.
A. No person, partnership, or corporation shall cause or allow the open burning of any materials whatsoever in the Village of New Milford with the following exceptions:
(i) Burning of the materials grown on the property which is the site of open burning, such as leaves, tree limbs, branches, or bushes, is permitted only during the calendar month of April and between the dates of October 20 and November 20 of each year from 6:00 a.m. to 9:00 p.m. and is subject to the following conditions:
(1) Must be limited to an area no greater than four (4) feet in diameter; and
(2) Shall not be within twenty-five (25) feet of any structure and shall be in a safe area where it will not constitute a fire hazard to any structure, trees, vegetation, or undergrowth; and
(3) Shall not be started until such time as appropriate safety equipment, such as buckets, shovels, garden hoses, or fire extinguishers, are available for immediate use at all times.
(ii) Burning at any time by farmers or by their agents or employees under strict supervision and in the course of their employment. As used in this Section, the word “farm” shall be defined as follows:
(1) An area of ten (10) or fewer contiguous acres having an annual sale of agricultural products not less than $250.00; or
(2) An area of greater than ten (10) contiguous acres having an annual sale of agricultural products of $50.00 or more.
(iii)Burning is authorized by a special permit issued by the Illinois Environmental Protection Agency, pursuant to the provisions of Rule 504 of the Open Burning Regulations of the State of Illinois.
(iv) Burning supervised by any fire protection district serving the Village for the purpose of instruction in methods of fire-fighting or fire hazard elimination. The Village President and supervisor of the local law enforcement agency shall be notified in advance of any such burning.
(v) Recreational burning, defined as “an occasional burning of fuels for legitimate campfire, recreational or cooking purpose,” shall be allowed if, and only if, the following conditions are complied with:
(1) Must be contained in a fire-safe vessel or a pit no greater than four (4) feet in diameter surrounded by rocks or brick; and
(2) Shall be limited to untreated, dry wood which has a length not in excess of the diameter of the fire-safe vessel or pits aforementioned herein; and
(3) Shall not be within twenty-five (25) feet from any structure and shall be in a safe area where it will not constitute a fire hazard to any structure, trees, vegetation, or undergrowth; and
(4) Buckets, shovels, garden hoses, or fire extinguishers shall be available for immediate use at all times.
B. All burning permitted under this section shall at all times be monitored and attended by an adult of at least eighteen (18) years of age until the fire is extinguished.
C. Prior approval by the Village Board as required by the Code of Ordinances is required for any person, partnership, or corporation which wishes to cause or allow open burning not permitted under the provisions herein.
D. SPECIAL CONDITIONS. The supervisor of the local law enforcement agency or Fire Protection District serving the Village may, in their sole discretion, prohibit any burning which will be offensive or objectionable due to smoke or odorous emissions when atmospheric or local circumstances make such fires a nuisance or hazardous. The official, in his or her sole discretion, may order the extinguishment of any burning which creates or adds to a hazardous or objectionable situation or condition.
E. Open burning permitted by the exceptions stated herein shall, under no circumstances, occur upon the paved or improved portions of any street, highway, or other public roadways.
F. PENALTIES. A violation of Section 10-1 is punishable by a minimum fine of Fifty Dollars and No/100 ($50.00) and a maximum fine of Five Hundred Dollars and No/100 ($500.00). The Village of New Milford, as a result of the violation of this Ordinance, shall be charged against the violator and considered an additional expense to the fine referred to herein.
Sec. 10-2.
It shall be unlawful for any person, entity, or party to abandon, leave, deposit, discard, or dump any garbage or refuge on or along any public roadway, highway, street, or alley within the Village of New Milford Illinois.
Sec. 10-3.
A violation of Section 10-2 is punishable by a minimum fine of Fifty Dollars ($50.00) and a maximum fine of Five Hundred Dollars ($500.00). In addition, all costs incurred by the Village of New Milford or its designated agents in removing the items left in violation of this Ordinance shall be charged against the violator and considered an additional expense to the fine referred to above.
Sec. 10-10.
A. DEFINITIONS.
FIREWOOD. Split wood or unsplit wood is cut into lengths not exceeding three (3) feet for the purpose of burning in a fireplace or as a recreational fire.
FULL CORD. Firewood measuring four (4) feet in height, four (4) feet in width, by eight (8) feet in length.
B. REQUIREMENTS.
(i) Firewood shall be kept or stored outdoors in accordance with the following requirements:
(1) Firewood shall be stored or kept in a neat and secure stack.
(2) Any storage of more than one (1) full cord of firewood outside of a fully enclosed structure shall be enclosed by a fence in such a manner so as to visually obstruct viewing of wood storage from adjacent private or public view when observed from normal grade level activity.
(3) Unless screened by a fence or wall, firewood shall be stacked no closer than five (5) feet from the property line.
(4) Firewood stacks shall not be permitted to become infested with rats, rodents, or other vermin. Weeds shall be cut and wood stored in a manner that will assure continuous rodent control.
REFERENCES
Village of New Milford. “CODE OF ORDINANCES VILLAGE OF NEW MILFORD.” The Village of New Milford, Sept. 2021, villageofnewmilford.com/wp-content/uploads/2022/07/New-Milford-Code-of-Ordinances-September-2021.pdf.
