(A) No person or business shall kindle or maintain any open burning consisting of a trash fire, leaf fire, bonfire, refuse fire, or other open burning.
(1) Exemptions: The following types of fire may be allowed:
(a) Bonfires celebrating school pep rallies.
(b) Recreational camp fire for scouting or family cookout activities.
(2) All exemptions shall be subject to the following:
(a) A garden hose connected to a water supply, buckets, shovel, fire extinguisher or other approved fire-extinguishing equipment shall be readily available at the burn site.
(b) A burn permit shall be obtained from the Fire Department at least 24 hours in advance of the permitted open burning. The burn permit signed by the Fire Chief or Fire Marshal or his or her designee shall be on site at the time of the permitted fire. Notwithstanding the foregoing, persons planning on or desiring to undertake recreational campfire for scouting or family cookout activities as set forth in division (A)(1)(b) above shall not be required to obtain a burn permit for such activities.
(c) Only wood products shall be burned; no leaves, paper or trash.
(d) A fire shall be attended by a responsible party as listed on the burn permit at all times until completely extinguished.
(e) If open burning creates a smoke nuisance, or a hazardous condition exists, the open burning shall be immediately extinguished.
(f) A fire shall be located at least 25 feet from any structure, fence or right of way.
(B) Any person who recklessly, knowingly or intentionally kindles, or maintains any open burning consisting of a trash fire, leaf fire, bonfire, refuse fire, or other open burning that damages property of another person or the fire spreads to property of another person may be liable for criminal mischief.
(C) Burning other than mentioned in this section shall be subject to the rules and regulations as provided in 326 I.A.C. 4-1 et seq. No permits for open burning or an open fire other than as set forth in this section may be provided by the City of Columbia City, its Fire Chief or the Columbia City Board of Public Works and Safety.
(D) Penalties for violations of this section does not preclude the Department of Environmental Management from seeking legal action for violations of 326 I.A.C. 4-1.
(E) Liability for fire. Any person who allows the accumulation or existence of combustible material which constitutes or contributes to a fire may not refute liability for violation of this section on the basis that said fire was set by vandals, accident or an act of God.
(1980 Code, § 94.071) (Ord. 2016, passed 1-23-2001; Am. Ord. 2008-8, passed 6-10-2008; Am. Ord. 2012-15, passed 7-10-2012) Penalty, see § 94.999
Statutory reference:
Arson, see I.C. 35-43-1-1
Criminal mischief, see I.C. 35-43-1-2