(A) Recreational or ceremonial fires, such as fires for outdoor cooking, barbeques, campfires, fires for scouting activities or other social activities of organizations, such as schools, fraternal or church organizations, shall be permitted within the corporate limits of the City of Brazil, Indiana subject to the following terms and conditions.
(1) These fires shall be fueled only by clean wood products, paper, charcoal or clean burning petroleum products, such as lighter fluid. An electric lighter device, a charcoal chimney or newspaper may be used as lighting aids.
(2) Fires must be attended at all times by a person at least 18 years of age until it is completely extinguished.
(3) If at any time, a recreational or ceremonial fire creates a public nuisance, such as a pollution problem, a threat to public health, a dangerous fire hazard to nearby structures, persons, trees, foliage or utility lines, the fire shall be immediately extinguished.
(4) No burning of any kind shall be conducted during unfavorable weather or meteorological conditions such as high winds, temperature inversions or air stagnation, or when a pollution alert or ozone action day has been declared by the appropriate governmental agency.
(5) All permitted open burning shall comply with other federal and state laws and regulations.
(6) Adequate firefighting or suppression equipment shall be on-sight of any recreational or ceremonial fire sufficient to extinguish the fire.
(7) Fires shall not be ignited prior to 2 hours before the recreational or ceremonial activity is to take place, and they shall be extinguished completely at the conclusion of the activity.
(8) The wood or other proper substance used as fuel for a recreational fire used for cooking or barbeques, or as a campfire, shall be less than and no greater than 2 feet in height and 4 feet in diameter.
(9) Any ceremonial fire shall be less than and no greater than 1,000 cubic feet.
(10) Only 1 fire sight may be burning at a time at a location.
(11) A ceremonial fire shall not take place within 500 feet of any fuel storage area or pipeline, within 100 feet of a frequently traveled street or roadway.
(B) Any person desiring to have a recreational or ceremonial fire pursuant to this section shall register with the Brazil Police Department dispatch personnel on duty and state the name of the person or organization conducting the fire, the purpose of the fire, the location of the fire and the starting and ending times of the activity associated with the fire.
(C) Any member of the Police Department or the Fire Department shall have the right to inspect the location of any recreational or ceremonial fire, the size of the fire, the supervision of the fire and the effect of the fire on the adjoining or nearby residents and the general neighborhood of the fire, and the compliance with this section, with or without a complaint being registered regarding the fire.
(D) The Fire Department may extinguish or authorize the extinguishing of any recreational or ceremonial fire which violates any provision of this chapter or any other federal, state or local law, regulation or rule, or is creating a public nuisance.
(Ord. 5-2002, passed 6-11-2002) Penalty, see § 90.99