(a) The following types of fires are permitted subject to the limitations found in subsection (b):
(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, i.e., camp fires.
(5) Residential burning where 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 ¼-inch square. Burning is prohibited in apartment complexes and mobile home parks.
(6) Farm burning and burning by the Department of Natural Resources as allowed by I.C. 13-17-9.
(7) 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 type 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 5 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 within 100 feet of a structure owned by another party.
(8) No burning shall be conducted within 100 feet of a power line.
(`91 Code, § 6-146) (Ord. D-607, § B, 9-18-89; Ord. D-1645-03, § VIII, 10-20-03)