(A) Title. This section shall be known as the Local Disaster Emergency Burn Ban ordinance of the town and shall apply to the entire incorporated area of the town. The mandatory provisions of this section and of any local disaster emergency burn ban issued pursuant to this section, including the prohibitions of certain burnings and the penalties for violating those prohibitions, shall only apply to incorporated areas maintained by the town.
(B) Procedure.
(1) The principal executive officer, as defined in § 30.11 may declare a local disaster emergency burn ban, in the principal executive officer's judgment, when such order would be appropriate under I.C. 10-14-3-29 and in the best interest of the public safety and welfare of the residents of the town.
(2) Pursuant to I.C. 10-14-3-29, a declaration for a local disaster emergency burn ban shall continue in effect for no longer than 7 days, except with the consent of the Town Council that the local disaster emergency shall last longer than 7 days. The local disaster emergency burn ban shall continue until the principal executive officer, or the Town Council if applicable, declares the emergency no longer exists and terminates the emergency order.
(C) Declaration. A local disaster emergency burn ban shall be declared in accordance with I.C. 10-14-3-29 and this section. The purpose of a local disaster emergency burn ban is to keep the residents of the town informed of the increased risk of fire danger due to dry weather conditions and to prohibit certain burnings in order to protect the well being of the citizens and property within the town.
(D) Prohibited burnings.
(1) Unless otherwise set forth herein, while a local disaster emergency burn ban is in effect, the following burnings shall be prohibited within the entire incorporated area of the town: (i) the burning of unattended campfires; (ii) the burning of brush; (iii) the burning of trash fires; (iv) the burning of articles within burn barrels; and (v) the burning of any other open air fires, including the use of fireworks. The use of a gas or charcoal grill is permissible and shall not be considered a violation of this section.
(2) Pursuant to I.C. 22-11-14-10.5, while a local disaster emergency burn ban is in effect, the use of fireworks shall only be permitted during the following periods: (i) between the hours of 5:00 p.m. and 2 hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9; (ii) between the hours of 10:00 a.m. and 12:00 midnight on July 4; and (iii) between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
(E) Publication. Any order or proclamation declaring, continuing, or terminating a local disaster emergency burn ban shall be given prompt and general publicity and shall be filed promptly in the office of the Clerk-Treasurer pursuant to I.C. 10-14-3-22(b)(2). Publication and broadcast of a local disaster emergency burn ban shall be made or caused to be made by the principal executive officer or other officials designating the local disaster emergency burn ban by a press release to all law enforcement agencies, fire departments, hospitals, and news media in the town.
(Ord. 2012-06, passed 7-5-2012) Penalty, see § 91.999