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O-06-30VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -30 AN ORDINANCE AMENDING SECTION 17 -3 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO REGULATE OUTDOOR FIRE PITS AND FIREPLACES - PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of July , 2006. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 5th day of July . , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -30 AN ORDINANCE AMENDING SECTION 17 -3 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO FURTHER REGULATE OUTDOOR FIRE PITS AND FIREPLACES WHEREAS, outdoor fire pits and fireplaces are popular amenities used by many residents of the Village of Deerfield for enjoyment of their yards; and, WHEREAS, outdoor fire pits and fireplaces, if used improperly or left unsupervised, can be a threat to fire safety; and, WHEREAS, outdoor fire pits and fireplaces may also be a public health nuisance if used for the. burning of inappropriate materials that produce excessive or noxious smoke; and, WHEREAS, the Board of Trustees of the Village of Deerfield is of the opinion that Section 17 -3 of the Municipal Code of the Village of Deerfield should be amended as provided herein to require the appropriate location of outdoor fire pits and fireplaces, to require that outdoor fire pits and fireplaces be operated under adult supervision and to prohibit the burning of inappropriate combustible materials in outdoor fire pits and fireplaces; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That Section 17 -3 (Open Burning Prohibited; Exceptions) of Article 1(Smoke Pollution) of Chapter 17 (Pollution) of the Municipal Code of the Village of Deerfield be and the same is hereby amended to read as follows. Additions are indicated by underlining and deletions are indicated by strikeout: Sec.17 -3. Open burning prohibited,, Outdoor grills, fireplaces and fire pits; exceptions (a) Except provided in this Section 17 -3, Tthe open burning of leaves, brush, trimmings from trees or bushes, paper, garbage, refuse, waste or other combustible material on any property, public or private, within the Village shall be unlawful and is hereby prohibited, provided, Ftohi�ition shall riot appiyto fires in outdoor fi, eplaces VI'gI ills I *— I used fbr cooking fbod o, to the burning of diseased tLees by einployees of th Village. . (b) The foregoing prohibition shall not apply to fires in outdoor grills designed and used for cooking food and utilizing natural or propane gas, charcoal or other commercially available fuel intended for use in outdoor rg il_ls. (c) The foregoing prohibition shall not apply to fires in outdoor fireplaces and outdoor fire pits provided that the outdoor fireplace or fire pit is operated in compliance with the following regulations: (1) A portable fireplace or fire pit shall not be operated within five (5) feet of any_propeM line. Any fire pit or fireplace with a foundation or that is embedded in the around shall be located .not less than ten (10) feet from any property line. (2) Outdoor fireplaces and fire pits shall be located on a non - combustible surface while in operation. (3) Only charcoal, natural or propane gas, commercial fire logs or dry and seasoned firewood may be burned or used as fuel in an outdoor fireplace or fire pit. 4) No outdoor fireplace or fire pit may be operated without adult supervision and a readily available means for extinguishing burning materials:. A Fireplace or fire pit is considered to be operating s t all- time-, that open combustion is occurring. The fire shall be completely extinguished prior to leaving the fireplace or fire pit unsupervised. (d) The foregoing_ prohibition shall not apply to the burni.n.g of diseased trees by employees of the Village. -2- (e) The foregoing prohibition shall not applyto fires set for the bona fide purpose of training professional firefighters. Anv person desiring to conduct oven burning of material not permitted hereunder may make an application to the Village Manager for a permit to allow a supervised open bunting event. The permit shall specify the date, time, place and purpose of the event:.the person, firm or entity responsible for supervision of the event: and reasonable measures to be taken to protect public health, safety and welfare. No such permit shall be -granted without the prior approval of the Fire Chief of the Fire Protection. District havi-11 jurisdiction of the site. or his designee. SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative- act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a mariner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 5th day of July , 2006. AYES: Benton, Feldman, Rosenthal, Se.iden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 5th day of July , 2006. -3- ATTEST: © Vil age Clerk -4-