Questions about open burning led to a heated exchange Wednesday at the Marseilles City Council meeting.

Resident Don Noel, who sought clarification on city ordinances, stormed out of the meeting, vowing to burn any additional citations he received for illegal burning.

"I don"t get this," he said. "I get a ticket one day, the next day I don"t get one. One day I"m legal, the next day I"m not legal. I"ve got the same pit time after time after time. I had the same fire time after time."

Noel said the ordinances were vague:"In your ordinance there"s nothing stated about what kind of pit you"re supposed to have for a bonfire."

Noel said he burns untreated scrap lumber from building jobs on his property, but has inconsistently been ticketed for burning. He said that has resulted in numerous tickets for illegal burning, some he has paid.

Noel said his reading of the ordinances says he is allowed to burn organic material from 9 a.m. to 5 p.m.

A city ordinance says, "it shall be unlawful to burn any garbage, or other organic refuse at any time in the city."

Mayor Jim Trager told Noel he was not permitted to haul refuse or leftover construction material from a construction site to his home to burn.

Commissoner Jim Hollenbeck said the same thing, and that Noel was not looking at the correct ordinance.

As Noel"s voice got louder, Trager gaveled for order.

"Show me where it"s in your ordinance is all I ask," said Noel.

"I"d be more than happy to do that, but not tonight," replied Hollenbeck.

Noel abruptly left, telling Hollenbeck to bring the ordinance to his home.

After Noel left, Commissioner Jim Buckingham said Noel"s burning was taking place on the city"s right-of-way.

Hollenbeck noted city ordinances do not now allow fire pits or recreational fires, but that a revision may be ready for considerationby spring.

Resident Randy Buckley complained about regular refuse burning on Young Street that drifted over to the city"s sports field. He said the smoke and smell were terrible, and that the city was slow to take any action.

"As a citizen of this city I see discrepancies in how you enforce the law, and to me that"s wrong," Buckley said.

In other business:

• Commissioner Bob Davis said the city"s proposed tax levy for next year would cost the owner of a house valued at $100,000 about $3 more per year. He predicted a tax-rate increase from $1.89 to $1.90 per $100 of equalized assessed property value.
• City Engineer Mike Etscheid said renovation work on Broadway Street was finished, but that the three light poles that needed to be relocated were the responsibility of the power company.
• An ordinance was passed prohibiting parking on the east side of Orange Avenue from Shumaker Street to Colorado Street, and on all of the north side of Lawrence Avenue. "Lawrence Avenue has especially been a problem," said Mayor Jim Trager. "Snowplows can"t get through up there in the winter."
• Resident Daryl Tedford asked what happened to the building project at Casey"s General Store. Trager said Casey"s had decided not to go ahead with the project, and that there were property disputes as well.
• Commissioner Jim Buckingham said the city was looking into discontinuing sending late notices on water bills, which would save the city about $5,000 annually.

Marseilles Burning Ordinances

• 92.01 BONFIRES RESTRICTED: It shall be unlawful to build or light any bonfire so close to any building or other structure as to endanger such building or structure, or on any street, or sidewalk pavement. No bonfire or fire other than one enclosed in a stove, furnace or incinerator or fireplace shall be started (and) permitted to burn between the time of sunset and sunrise.
• 92.02 EMISSION OF DENSE SMOKE PROHIBITED: It shall be unlawful to cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner or any other agency in the city so as to cause annoyance or discomfort to the residents thereof.
• 92.03 BURNING OF LEAVES AND GARBAGE: (A) It shall be unlawful for any person to burn any leaves, paper or other substances upon any of the public streets, sidewalks or alleys in the city. (B) It shall be unlawful for any person to burn any rubbish or garbage at any time within the city.
• 50.13 BURNING OF LEAVES, REFUSE AND GARBAGE: (A) It shall be unlawful to burn any garbage, or other organic refuse at any time in the city. (B) It shall be unlawful to burn papers, excelsior, or other material which may be blown about the wind anywhere in the city unless the same is burned in a stove, fireplace, furnace or incinerator sufficiently fine to prevent the escape of ignited particles. (C) Leaves which are dry may be burned when raked into piles of a reasonable size, but it shall be unlawful to burn such materials at any time except between the hours of 7 a.m. and 5 p.m. and with some person in attendance to control the fire. No leaves shall be burned upon an asphalt or bituminous surface in any street or alley.