§ 94.10 OPEN BURNING.
   (A)   This section shall supplement and further implement Article ll, Chapter 1102 of the Indiana Fire Prevention Code as published by the Indiana Fire Prevention and Building Safety Commission.
   (B)   No one shall kindle or maintain any open burning (which means any burning of combustible materials out of doors) within the corporate limits of the city except as provided in division (C).
   (C)   Only in a situation where it is reasonably unlikely that the open burning may be spread to or damage other property, or that the smoke and/or fumes emissions would be a nuisance to persons upon adjacent property, the following are exempt from the prohibition of open burning: (1) recreational campfires with a total fuel area no greater than 36 inches in diameter and a fuel load not to exceed two vertical feet; and (2) a reasonably sized and located barbecue pit or grill where either electricity, gas, wood, or charcoal is used for the preparation of food.
   (D)   All open burning shall be located a safe distance from structures, fences, and public rights-of-way, and attended at all times until completely extinguished. There shall be a garden hose or better connected to a water supply source and/or buckets, shovels, fire extinguishers, or other adequate fire extinguishing equipment readily available.
   (E)   Notwithstanding anything else in this section, open fires which burn substantial quantities of leaves, paper, garbage, rubbish, grass, trade waste, plastics, or other similar items, are prohibited.
   (F)   Any person who knowingly allows the accumulation or existence of combustible material constituting an unreasonable fire hazard or who intentionally kindles or maintains any open burning in violation of this section shall be subject to the penalties hereunder.
(Ord. 12-C-00, passed 8-29-00; Am. Ord. 12-C-21, passed 9-14-21)