(A) Regulations.
(1) Permissible fires. Open burning is prohibited except as allowed in these guidelines. The Department encourages alternatives to open burning such as sale or reuse.
(a) The following types of fires are permitted, subject to the limitations found in division (A)(1)(b) below:
1. Fires used for celebrating Twelfth Night ceremonies;
2. Fires used for celebrating school pep rallies;
3. Fires used for celebrating scouting activities;
4. Fires used for recreational and cooking purposes such as camp fires;
5. Residential burning where such residence contains four or fewer units. Burning shall be in a non-combustible container sufficiently vented to induce adequate primary combustion air
with enclosed sides, a bottom, and a mesh covering with an opening no larger than one-fourth square inch. Burning is prohibited in apartment complexes and mobile home parks;
6. Farm burning and burning by the Department of Natural Resources as allowed by 326 I.A.C. 4-1-3; and
7. Burning with prior receipt of a variance application and approval of the state’s Air Pollution Control Board or its designated agent as allowed by 326 I.A.C. 4-1-1.
(b) All permitted types of fires shall be subject to the following.
1. Only untreated wood products shall be burned unless otherwise stated, and no garbage, refuse, or vegetative material shall be burned except as hereinafter provided.
2. Fires shall be attended at all times until completely extinguished.
3. Only small amounts of clean/dry wood and leaves are to be burned so that the fire is not smothered by too much material.
4. If fires create an air pollution problem, nuisance, health hazard, or fire hazard, they shall be extinguished. A NUISANCE shall be defined so as to include a complaint regarding the burning from any downwind property owner or occupant.
5. All residential burning shall occur between sunrise and sunset, during which the fires may be replenished but only in such a manner that all of the burning material is consumed by sunset or extinguished.
6. Weather conditions must be conducive for burning. There shall be no burning on days when the following conditions exist: no wind, high winds, rain, temperature inversions, or high humidity.
7. No burning shall be conducted on property owned by another party including public-owned streets, roads, and highways.
8. No burning shall be conducted within 25 feet of a structure owned by another party, and all burning shall be away from any potential fire hazards.
9. No burning shall be conducted within 50 feet of a power line, cable, phone, or other utility line.
10. A reliable source of water must be nearby in case of an emergency or to assist in extinguishing the fire when the burning is complete.
(2) Exceptions. The only exceptions to the above rules are as follows.
(a) Recreational fires after dark are allowed as long as only clean wood is being burned and no nuisance is created.
(b) Farmers, tree farmers, orchards, nurseries, and those clearing a drainage ditch are allowed to burn clean wood as long as a nuisance is not created.
(B) Enforcement. The Fire Department and the Police Department shall have authority to issue citations for violations of this section.
(Prior Code, § 91.39) (Ord. 1430, passed 8-21-2000) Penalty see § 91.99