(A) No person shall kindle or maintain any open fire, or burn any materials including leaves, trash, refuse, rubbish, debris, construction materials or any other materials, whether organic or inorganic, within the town limits of the Town of Fremont, Indiana.
(B) This section shall not prohibit the maintenance of an outdoor fire for cooking or recreational purposes provided that the fire is adequately confined to a reasonable level using appropriate restraining apparatus for that purpose, the fire is located no closer than 20 feet from any structure, and provided that the fire is supervised at all times by 1 or more persons over the age of 18.
(C) Notwithstanding the prohibitions established by divisions (A) and (B) above, the following types of open burning shall be permitted only with the prior approval of the Chief of the Fremont Volunteer Fire Department or its successor entity:
(1) Bonfires used for the purpose of celebrating school pep rallies;
(2) Bonfires used for the purpose of celebrating community events;
(3) Emergency burning of spilled petroleum products when all reasonable efforts to recover the spilled material have been exhausted and failure to burn materials would result in an imminent fire hazard or pollution of waterways;
(4) Burning of refuse resulting from a natural disaster;
(5) Burning for the purpose of fire training; and
(6) Operation of a municipal burning pit by the Town of Fremont, Indiana.
(D) (1) The express or implied repeal or amendment by this section of any other section or division of any other section does not affect any rights or liabilities accrued, penalties incurred or procedures begun prior to the effective date of this section.
(2) Those rights, liabilities and proceedings are continued, and penalties shall be imposed and enforced under the repealed or amended section as if this section had not been adopted.
(Ord. 2003-04, passed 6-9-2003) Penalty, see § 91.999