CHAPTER 95: OPEN BURNING
Section
   95.01   Paper and like materials
 
   95.99   Penalty
§ 95.01 PAPER AND LIKE MATERIALS.
   (A)   All burning of paper, paper boxes or miscellaneous dry materials shall be burned in regulation burners of wire mesh or perforated burners fitted with covers or top enclosures to prevent blowing of burning parts. The ashes from such burners are to be emptied by the owner or occupant of such property after they are cold, into small containers not to exceed 50 pounds in weight.
   (B)   The burning of paper, paper boxes or miscellaneous dry material described in division (A) above shall be done in complete compliance with division (A) and only between the hours of 4:00 p.m. and 9:00 p.m. seven days a week.
   (C)   The burning of leaves, grass and weeds are prohibited.
   (D)   Recreational or ceremonial fires, such as barbeques and campfires are permitted but must comply with the following conditions:
      (1)   These fires may burn at night and may be fueled only by charcoal or clean burning petroleum products such as lighter fluids;
      (2)   The fires shall burn only wood and wood products not otherwise prohibited by Indiana Law;
      (3)   A person who burns such a fire shall extinguish the fire if it creates a nuisance or fire hazard;
      (4)   Burning may not be conducted during favorable meteorological conditions such as high winds, temperature inversions or air stagnation;
      (5)   All fires must be attended at all times during burning until completely extinguished; and
      (6)   All asbestos containing material may not be burned.
(Ord. 2004-11, passed 7-6-04) Penalty, see § 95.99
§ 95.99 PENALTY.
   (A)   Any person violating any provision of this chapter shall be fined not less than $50 and no more than $100 for each offense, and a separate offense shall be deemed committed on each and every day during on or which offense occurs or continues. The town shall be entitled to collect reasonable attorney fees and court costs incurred by the town in enforcing the provisions of this chapter.
   (B)   Any violation of this chapter is declared to be a nuisance. In addition to any other relief provided by this section, the town legal department may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction.
(Ord. 2004-11, passed 7-6-04)