(A) Title. This section shall be referred to as The Chandler Burning Ordinance.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
PERSON. Any natural person and any entity recognized as an entity by the State of Indiana.
TOWN. All incorporated areas of Chandler, Warrick County, Indiana.
(C) Regulated and prohibited acts.
(1) All burning, not specifically permitted herein, shall within the town be prohibited.
(2) No person shall burn any material within the town except as permitted by this section.
(3) This section does not apply to indoor heating units using coal, clean wood, fuel oils, white gas, propane, Sterno, or other natural gas as fuel for heating purposes.
(D) Exceptions.
(1) The only exceptions to division (C) above shall be as follows:
(a) Fires celebrating school pep rallies;
(b) Fires celebrating scouting activities;
(c) Burning of natural growth derived from a clearing operation, i.e., removal of natural growth for change in use of the land where every reasonable means possible has been utilized to reclaim the cleared, marketable trees or portions thereof for lumber, pulpwood, firewood, and the like before a permit will be considered;
(d) Fires approved by and used by full- time or volunteer Fire Departments for training purposes;
(e) Fires used for recreational and cooking purposes that are on the ground, i.e., campfires;
(f) Fireplaces, fireplace inserts, wood burners for heating purposes, and gas and charcoal grills; and
(g) Fires conducted by town employees.
(h) Residential maintenance fires during times and in areas designated by the Town Council to dispose of leaves; wood resulting from pruning; and wood broken away from trees as a result of weather conditions so long as the wood burned is 3 inches or less in diameter at the largest end thereof
(Ord. 2007-7, passed 11-5-2007).
(2) All exceptions under this division shall be subject to the following:
(a) Only wood products may be burned unless otherwise stated above.
(b) Fires shall be attended at all times until completely extinguished.
(c) If a fire creates a nuisance or fire hazard as determined by the Chandler Police or Fire Department, it shall be immediately extinguished.
(d) No burning shall be conducted during unfavorable meteorological conditions, such as temperature inversions, high winds, air stagnation, and the like.
(e) The issuance of a permit for the burning under the exception provided in division (D)(1)(h).
(Ord. 2007-7, passed 11-5-2007)
(E) Permits. Any person desiring to conduct burning in the town under 1 or more of the exceptions as set forth herein under division (D) except division (D)(1)(h) must first obtain a permit for the burning prior thereto.
(1) Permits for divisions (D)(1)(a), (b), (d), and (e) above. Applications for permits under divisions (D)(1)(a), (b), (d), and (e) above shall be to the Chandler Police Department at least 2 days in advance of the requested excepted use. The application shall state the purpose of the exception; the date and time of the burning; and the person or persons who shall be responsible for the supervision of the burning. The application shall be signed by the person or persons responsible or the supervision of the burning and by the owner or owners of the property upon which the burning shall occur. The application must be approved by the Police Chief, Fire Chief, or Clerk-Treasurer, or the designated representative thereof before the permit shall be issued. The decision of the official acting thereon shall be final.
(2) Permits for division (D)(1)(c) above. Applications for permits under division (D)(1)(c) above shall be to the Chandler Police Department at least 10 days in advance of the requested excepted use. The application shall state the purpose of the exception; the date and time of the burning; and the person or persons who shall be responsible for the supervision of the burning. The application shall be signed by the person or persons responsible for the supervision of the burning and by the owner or owners of the property upon which the burning shall occur. The application must be approved by the Chandler Fire Chief or his or her designated representative before the application is submitted to the Chandler Police Department. The Chandler Police Chief or his or her designated representative must also approve the permit before the permit will be issued. The decision of the officials acting thereon shall be final.
(3) Divisions (D)(1)(f), (g) and (h) exceptions. There is no requirement for a permit for burning included in the exception set forth in divisions (D)(1)(f), (g) and (h) above.
(Ord. 2007-7, passed 11-5-2007)
(F) Payment of penalties to Violations Bureau.
(1) All penalties shall be payable to the Town of Chandler Clerk-Treasurer. The Town of Chandler Clerk-Treasurer is the Town of Chandler Violations Clerk and shall receive all payment of penalties under this section for which the violator desires to waive trial and admit the violation.
(2) All cases wherein persons cited for a violation do not waive trial and admit the violation or default in appearance to the Town Attorney for filing with the appropriate court in Warrick County, Indiana.
(G) Effective date. This section shall be effective upon its passage and publication as is by law required.
(Ord. 2004-3, passed 3-1-2004) Penalty, see § 90.99