For purposes of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ADEQUATE FIREFIGHTING EQUIPMENT. Equipment sufficient and appropriate under the circumstances to extinguish a fire, such as a hose with close connected water supply, shovel, extinguisher, salt, or other appropriate fire prevention and firefighting equipment.
BARBECUE PIT OR GRILL. A stationary or portable device, with either electric, gas or charcoal fuel, used for the preparation of food.
CLEAN PETROLEUM PRODUCTS. An uncontaminated, refined petroleum product, such as kerosene or diesel fuel, not previously used in any application.
CLEAN WOOD PRODUCTS. Wood products, including vegetation that are not coated in any manner with stain, paint, glue, varnish, and the like, or treated with petroleum products as in railroad ties.
EMERGENCY BURNING. The burning of clean wood waste or deceased animals caused by a natural disaster or an uncontrolled event such as the following:
(1) Tornado;
(2) High winds;
(3) Earthquake;
(4) Explosion; and
(5) Hail, ice, or rain storm.
HAZARDOUS CONDITION. A situation where the Fire Department Officer in charge determines that the fire may be capable of spreading or damaging other property or that the smoke emissions may be offensive to occupants of surrounding property.
OPEN BURN(ING).
(1) The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack, duct, pipe, chimney, or from an enclosed chamber. The term includes above-ground and under-ground smoldering fires.
(2) Pursuant to I.C. 14-23-7-5, a person who commits the following Class C misdemeanor:
(a) Throws from a vehicle: matches, ashes, or burning material; and/or
(b) Conducts open burning.
RECREATIONAL OR CAMP FIRE. The burning of wood products other than refuse where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit. A RECREATIONAL OR CAMP FIRE shall have a total fuel area no greater than 36 inches in diameter and a fuel load not to exceed two feet in height.
REFUSE. Garbage, rubbish, paper, leaves, grass, trade waste, trash, plastic, or other waste products.
SMOKE NUISANCE. Smoke emissions may be deemed a nuisance when a complaint is received that the smoke emissions are offensive to the complaining party.
WARNING. At the discretion of the Fire Chief for the City of Linton, each individual or group of individuals may be given a warning regarding open burning. Any situation where City Fire Department personnel are called more than one time in a period of one year for open burning to the same person or group of persons, those persons will be found to be violating this chapter and will be fined accordingly. If the problem persists, the City of Linton will criminally prosecute the person(s) pursuant to I.C. 14-23-7-5.
(Ord. 2005-03, passed 3-14-2005)