§ 91.41 EXCEPTIONS.
   (A)    The following types of fires are permitted, subject to the limitations found in division (B) below:
      (1)   Fires used for celebrating school pep rallies;
      (2)   Fires used for celebrating scouting activities;
      (3)   Fires used for recreational and cooking purposes, i.e., camp fires;
      (4)   Residential burning where a residence contains four or fewer units. Burning shall be in a noncombustible container, sufficiently vented to induce adequate primary combustion air with enclosed sides, a bottom, and a mesh covering with opening no larger than one quarter-inch square. Burning is prohibited in apartment complexes and mobile home parks;
      (5)   Farm burning and burning by the Department of Natural Resources as allowed by I.C. 13-17-9;
      (6)   Burning with prior receipt of a variance application and approval of the Indiana Air Pollution Control Board or its designated agent as allowed by 326 IAC 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;
      (2)   Fires shall be attended at all times until completely extinguished;
      (3)   If fires create an air pollution problem, a nuisance, a health hazard, or a 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;
      (4)   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;
      (5)   No burning shall be conducted unless the wind is at least five m.p.h. and no more than 15 m.p.h.;
      (6)   No burning shall be conducted on property owned by another party, including publicly-owned streets, roads, and highways;
      (7)   No burning shall be conducted on any paved street or alley within the city;
      (8)   No burning shall be conducted within 100 feet of a structure owned by another party;
      (9)   No burning shall be conducted within 100 feet of a power line.
(Ord. 700, passed 1-22-18; Am. Ord. 706, passed 6-25-18)