(A) Purpose. The purpose of this section is to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the town by regulating the air pollution and fire hazards of open burning and outdoor burning.
(B) Applicability. This subchapter applies to all outdoor burning and open burning with the town and waste from burning thereof.
(C) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BARBECUE GRILL. A grill, pit, or outdoor fireplace for cooking food. A social gathering, usually held outdoors, at which food is cooked over an open flame.
CAMPFIRE. An open-air fire in a camp, used for cooking and as a focal point for social activity.
CLEAN WOOD PRODUCTS. Wood products, including vegetation, that are not coated with stain, paint, glue or other coating material or also known as treated lumber.
GARBAGE. Putrescible animal and vegetable wastes resulting from handling, preparation, cooking, and consumption of food.
PUTRESCIBLE SUBSTANCES. Substances which are subject to organic decomposition.
REFUSE. All putrescible and non-putrescible wastes, including animal wastes, garbage, rubbish, and dead animals.
RUBBISH. Non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, wood, glass, bedding, crockery, construction debris, and similar materials.
(D) Actions prohibited. No open burning of leaves, grass clippings, stumps, roots, shrubs with root balls, garden debris, waste oil, tires, paper, refuse, rubbish, or garbage shall be allowed within the corporate boundaries of the Town of Ellettsville.
(E) Exceptions. The following types of fires are permitted:
(1) Fires celebrating Twelfth Night Ceremonies;
(2) Fires celebrating school pep rallies;
(3) Fires used for recreational and cooking purposes: i.e., campfires, barbecue grills;
(4) Air curtain destructor burning when a copy of the Indiana Department of Environmental Management letter of approval has been filed with the fire chief.
(F) Open burning regulations.
(1) With respect to divisions (E)(1), (2) and (3) of this section, only clean dry wood can be utilized. No leaves of any kind will be allowed to be burned.
(2) All remaining local, county, state and federal laws and regulation will still be applicable. All open burning must comply with the regulations controlling open burning promulgated by the Indiana Department of Environmental Management Office of Air Quality and codified in 326 IAC Article 4.
(3) Permitted fires shall be attended at all times until completely extinguished.
(4) If fires create a nuisance or fire hazard, they shall be extinguished. The Ellettsville Fire Chief may in his or her discretion, extinguish any fire that in his or her opinion creates a nuisance or fire hazard.
(5) No burning shall be conducted during unfavorable meteorological conditions such as temperature inversions, high winds, air stagnation, and the like. No burning shall be conducted during time periods the Ellettsville Fire Chief has pronounced as “high risk”.
(6) All permitted fires will not exceed a base of 36 inches in circumference and will have protection such as a metal ring, masonry, brick, stone or any non-combustible material.
(7) No permitted fire shall be allowed to extend approximately four feet high.
(8) All permitted fires will be located at least 15 feet from any combustible material.
(G) Penalties for violations. Any person who violates any of the provisions of section commits a class E ordinance violation. The fine shall be $25. Any person who repeats a violation of this section within one year of either having paid a fine for violating this section or having been found guilty by a court of law of violating this section commits a class A ordinance violation. The fine shall be $2,500.
(Ord. 2015-08, passed 7-13-2015)