§ 92.02  OPEN BURNING.
   (A)   Definition.  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      OPEN BURNING.  The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber.
   (B)   Prohibited.  No person shall start, kindle, cause, allow or maintain any form of open burning of any materials on private or public property, except as specifically authorized by this section. No person shall allow the accumulation or existence of combustible material that constitutes or contributes to open burning.
   (C)   Exemptions.  The following types of burning are allowed:
      (1)   The burning of charcoal, clean untreated wood and other cooking fuels customarily used in an outdoor grill, traditional food cooking devices or campfires; and
      (2)   (a)   Fires used for recreational or ceremonial purposes such as school pep rally fires or the celebration of scout activities.
         (b)   Recreational or ceremonial burning shall meet the following conditions:
            1.   Only clean untreated wood or charcoal shall be used. Paper or petroleum products can be used for ignition purposes only.
            2.   The fire shall not be ignited more than two hours before the recreational activity is to take place and shall be extinguished upon the conclusion of the activity.
            3.   The pile to be burned shall be less than 1,000 cubic feet (for example, ten feet by ten feet by ten feet).
            4.   The local Fire Department shall be notified 24 hours in advance if the pile to be burned is more than 125 cubic feet (for example, five feet by five feet by five feet).
            5.   The fire shall not be for disposal purposes.
            6.   The fire shall not be within 500 feet of a pipeline or fuel storage area.
   (D)   Variances.  Other types of fires may be approved as follows.
      (1)   Any other type of fire whereby a citizen has obtained a variance from the provisions of this section by petitioning the Common Council may be allowed. However, the Common Council cannot grant a variance for burning that would otherwise violate the provisions of the 326 I.A.C. 4-1 et seq. and as amended and I.C. 13-17-9.
      (2)   The following types of fires may be allowed if approved by the State Department of Environmental Management:
         (a)   Firefighter training;
         (b)   Fire extinguisher training;
         (c)   Vegetation propagation;
         (d)   Use of an air curtain destructor; and
         (e)   Please refer to Appendix A for expanded version of variance situations based on 326 I.A.C. 4-1-3(c)(3-8) and 326 I.A.C. 4-1-4.
   (E)   Conditions.  The following conditions apply to all exemptions and variances.
      (1)   Burning shall be done during safe weather conditions. Burning shall not occur, during high winds, temperature inversions, air stagnation or when a pollution alert or ozone action day has been declared.
      (2)   Fires must be attended at all times until completely extinguished.
      (3)   Fires must be extinguished if they create a fire hazard, nuisance, pollution problem or threat to public health.
      (4)   Firefighting equipment adequate for the size of the fire shall be on-site and nearby during times of burning.
      (5)   Burning shall not be for disposal purposes.
      (6)   All burning shall comply with other federal, state and local laws, rules and ordinances.
(1989 Code, § 92.02)  (Ord. 2004-0101, passed 2-9-2004; Ord. 2006-0201, passed 3-13-2006)  Penalty, see § 92.99