(A) Burning in violation a public nuisance. It shall be a public nuisance to burn any garbage or trash or any other materials at or on the exterior of buildings in the town, except as hereinafter provided.
(B) Burning in approved incinerators.
(1) (a) Containers for the accumulation of trash, rubbish or garbage shall be of a solid metal or plastic type with a secure-fitting lid.
(b) From and after the effective date of this chapter, no rubbish or trash shall be burned in containers or otherwise in the town on or at the exterior of buildings or premises.
(c) Accumulations of garbage, trash or rubbish in containers larger than 96 gallons in size and 60 pounds in weight shall constitute a violation of this chapter.
(2) The Town Council be, and hereby is, authorized and empowered to remove and dispose of any and all barrels, drums, containers or receptacles accumulating garbage, trash or rubbish, which said barrels, drums, containers or receptacles fail to meet the qualifications and specifications as to size heretofore set forth, providing said barrels, drums, containers or receptacles are situated at the exterior of buildings within the corporate limits of the town, if they contain rubbish, trash or garbage generated by residentially occupied buildings.
(3) The Chief of Police and all of the officers of the Police Department shall be the enforcement agency for the enforcement of this section and for the abatement and prevention of violations of this section.
(4) Upon the application of any person for the approval of plans and specifications for a commercial incinerator for the burning of garbage, trash or rubbish, the Town Council shall, before approval of such plans and specifications, be satisfied that the proposed incinerator’s use and location will not endanger the public health, will not pollute the air, will not create a public nuisance and meets the standards of the Indiana Department of Environmental Management (IDEM). Upon such findings by the Town Council, the Council shall submit written approval to the Town Clerk-Treasurer, and the Town Clerk-Treasurer shall thereupon issue a permit for the construction and use of such incinerator. Any and all permits issued hereunder shall be valid for a one-year term from the date of issuance and shall be subject to the annual review and to an annual approval or disapproval by the Town Council.
(Prior Code, § 70.02) (Ord. 4-89, passed 5-8-1989; Ord. 17-89, passed 1-22-1990; Ord. 4-92, passed 6-22-1992; Ord. 4-2021, passed 5-24-2021) Penalty, see § 50.99