(A) It shall be unlawful for any person to burn any flammable matter within the corporate boundaries of the Town of Hagerstown except that which meets the standards and regulations of the Indiana Air Pollution Control Board and the further authorization of the Town Council of the Town of Hagerstown.
(B) Any person desiring to obtain the authorization from the Town Council of Hagerstown must apply to the Town Council prior to any burn permitted by the State Air Pollution Board and at least two weeks before the expected burn date, providing full details and description of the place, time, material, and expected duration of the burn, and including a copy of the State Air Pollution Control permission to so burn. The Town Council will hear the applicant at its next regular meeting after the application and review and determine in its discretion if the burn, not being in violation of state standards, is also in the best interests or is deemed to be detrimental to the health, safety, and welfare of the citizens of the Town of Hagerstown.
(C) There shall be no charge for the application to the Town Council for a permit to open burn when a permit has been issued by the State Air Pollution Control Board and applicant furnishes all required information.
(D) This section does not establish regulations for any form of indoor heating or cooking regulated by other laws and ordinances, nor for outdoor cooking grills for the consumption of food on the premises, fires used for Twelfth Night Ceremonies, pep rallies, scouting activities, and recreational campfires, provided, nevertheless, upon notice by the Town Council or the Fire Chief declaring an emergency, any authorized or unregulated outdoor open burning of any kind shall cease until the restriction is released.
(E) Any open burning within the corporate boundaries of the town, whether by permit and authorization, or by an exemption in division (D) above, shall be properly attended at all times in order to guard against the spread of fire, and is subject to immediate extinction by order of the Hagerstown Fire Chief or his or her delegate should the burning be deemed by the official to create an immediate hazard to the public safety and property.
(F) Any person authorized by the State Commissioner or his or her delegate to conduct open burning declared by the State Air Pollution Control Board to be an emergency necessary and permissible because of a natural disaster, notify the Town Director of Municipal Operations and the Hagerstown Fire Chief, who shall have authority to act in the emergency on behalf of the town.
(Ord. 4-1997, passed 10-6-1997)