Burning of Leaves in the City of Chenoa
4-4-4: BURNING OF LEAVES IN THE CITY:
A. Leaf Burning Regulations:
1. Leaf burning will be allowed all year on Tuesdays, Thursdays, and Saturdays subject to the rules and restrictions contained herein.
2. In the event the resident elects not to burn leaves, the City will allow residents to continue to bag leaves in biodegradable bags and will collect such bag.
3. Leaf burning will only be allowed between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. on the days specified.
4. It shall be unlawful to light or maintain any leaf fire anywhere in the City close to or next to any building structure, or any flammable material. It is the recommendation of the City that leaf burning occur at least fifty feet (50') away from any structure.
5. Property owners and tenants may burn leaf fires only on a property that they own or upon which they reside. At any time, a party responsible for leaf burning may be required to provide evidence of ownership or tenancy.
6. It is unlawful for leaf fires to be burned on blacktop streets and/or blacktop driveways or any street or roadway.
7. It shall be unlawful to burn leaf fires when winds are in excess of ten (10) mph. All residents are asked to consult the Weather Channel or other similar and nationally recognized weather reporting service for wind speed information. All Chenoa residents may call the Chenoa City Clerk for wind speed information.
8. It shall be unlawful to burn large piles of leaves, thereby creating an uncontrollable fire.
9. Any leaf burning must be attended to by the individual conducting the burn and must be burned until the fire is completely out. It shall be unlawful to leave a leaf fire burning unattended.
10. An operable hose of sufficient size and capacity to extinguish the fire must be available at the burning site at all times when leaves are burning, and furthermore, must be ready for use and within the reach of the fire.
11. Property owners or tenants shall keep all storm drains on private property or on City property adjacent to or near their property free and clear of debris, including leaves and grass clippings.
12. When burning leaves, the party burning shall use discretion in determining the smoke drift and whether such drift is heading in the direction of a roadway and reducing visibility of drivers or drifting directly towards neighboring properties as to affect the health of the residents inside or outside. In all instances, the party burning shall use all efforts to ascertain whether individuals in close proximity may suffer from lung related illnesses or asthma and schedule burns when such residents are not present.
13. The City reserves the right, in consultation and coordination with the Chenoa Fire Department, to declare certain days or weeks banned for burning due to dry or otherwise volatile weather conditions.
B. Extinguish Hazards: Any police officer, firefighter, or other appointed Commissioner or officer of the City of Chenoa, may require any fire being burned if, in that official's opinion, such fire and the related smoke are injurious to the health or safety of any other citizens of the City, to be immediately extinguished by any individual conducting the burn.
C. Other Burning Prohibited: This section only provides for burning of leaves. Tree limbs, wood chips, grass clippings, mulch, bushes, trash, bottles, cans, tires, or other similar items are not allowed under this section unless provided for elsewhere in this Code.
D. Penalties: Any person who violates any of the provisions of this section shall be subject to the following penalties:
1. First offense: A fine of seventy five dollars ($75.00) if paid to the City Clerk within thirty (30) days of the issue date of the ticket and if not paid to the City Clerk within thirty (30) days of the issue date of the ticket for such offense, then the fine for such offense shall be one hundred dollars ($100.00).
2. Second offense within a two-year period: A fine of one hundred fifty dollars ($150.00) if paid to the City Clerk within thirty (30) days of the issue date of the ticket and if not paid to the City Clerk within thirty (30) days of the issue date of the ticket for such offense, then the fine shall be two hundred dollars ($200.00).
3. Third offense and all subsequent offenses within a two-year period: A fine of three hundred dollars ($300.00) if paid to the City Clerk within thirty (30) days of the issue date of the ticket for each such offense and if not paid to the City Clerk within thirty (30) days of the issue date of the ticket for each such offense, then the fine for such offense shall be three hundred fifty dollars ($350.00).
If any fine imposed by this subsection D is not paid within thirty (30) days of the issue date of the ticket for such offense, then the City Attorney may take such legal action as is necessary to collect said fine. (Ord. 732, 10-23-2017; amd. Ord. 821, 6-22-2021)
4-4-5: USE OF CITY WASTE DUMP PREMISES:
A. Regulations For Use:
1. The City dump premises may be used only by residents of the City and only for the purpose of deposit of landscape waste and brush.
2. City residents may enter on the premises for such purpose between the hours of seven o'clock (7:00) A.M. and four o'clock (4:00) P.M. during working days only, and when the gates are open.
3. Access to the premises for such purpose during times other than those listed above may be granted only by City employees.
B. Violations, Penalty: Violation of any of the provisions of this section shall be a violation of the general penalty provisions of section 1-4-1 of this Code, with a minimum fine per violation of two hundred fifty dollars ($250.00), and every day that waste other than that allowed herein is allowed to remain on the premises shall be a separate violation. In addition, for those individuals found to be in violation of the these provisions by dumping electronics, oil-based and alkyd paints, pesticides, automotive fluids, tires, concrete, furniture, other toxic household products or any other item in violation of this section and in excess of 75 lbs., the City reserves the right to charge up to $750 per incident for such violation. In the event of collection of fines for such violations, the City reserves the right to charge collection costs including court costs and attorney’s fees relating to such violations. (Ord. 357, 8-11-1997; amd. Ord. 831, 2-22-2022)
4-4-6: PENALTY:
Any person who violates any provisions of this chapter shall be guilty of an ordinance violation and misdemeanor, and shall be punished pursuant to the general penalty provisions of section 1-4-1 of this Code, and each day the violation is permitted to exist, shall constitute a separate offense.
A violation of section 4-4-1 of this chapter shall, in lieu of or in addition to being liable for the cost of removal as provided in section 4-4-3 of this chapter, shall also be guilty of an ordinance violation and misdemeanor, as applicable hereunder, and punished as provided in the general penalty provisions of section 1-4-1 of this Code, and each day the conditions as described in said section 4-4-1 of this chapter are permitted to exist from receipt of notice pursuant to section 4-4-2 of this chapter, shall constitute a separate offense. (Ord. 196, 1984; amd. Ord. 272, 1992; Ord. 507, 5-22-2006)
4-4-7: YARD WASTE COLLECTION:
A. As an alternative to the yard waste burning options set forth in section 4-4-4, the City of Chenoa will provide yard waste collection throughout the year. Trucks and equipment will be on a constant route rotation during this season. Due to the nature of the collection, it is difficult to establish the exact collection days.
B. The following regulations apply to yard waste collection:
1. For purposes of this section, "yard waste" is defined as set forth in subsection 4-4-4(A) as natural debris such as leaves, and garden waste and shall not include twigs, branches, logs, or mulch.
2. Yard waste must be bagged in biodegradable bags, placed along curb line or shoulder, and shall not exceed fifty (50) pounds in weight.
3. There shall be no trash, stones, sand, animal waste, or construction materials of any kind placed in the biodegradable bags.
4. There shall be no materials otherwise forbidden under subsection 4-3-3(B) of the City Code.
5. No mulch will be taken to the city dump.
C. Owners may only use contractors for tree removal or trimming that have a valid permit with the City of Chenoa pursuant to title 3, chapter 9.
D. Branches And Limb Collection: Tree limbs/branches or brush limbs/branches shall be no longer than eight feet (8') in length and shall be placed along the curb line or shoulder, but not in the street. The owner takes the risk that piles that are on grass or sod may cause damage to sod or grass during pile removal. The city reserves the right to refuse pickup of any piles that contain items other than limbs and branches or any piles otherwise not in compliance with this section.
F. The city reserves the right to reject the pick-up of any and all containers that do not comply with the conditions set forth in this section. (Ord. 824, 10-12-2021; Ord. 801, 9-22-2020)
Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.
Hosted by: American Legal Publishing