(A) Application. All outdoor burning of any material is hereby banned and declared unlawful within the municipal corporate limits of the town, except as provided in division (B) below which is consistent with, but not inclusive of, the exceptions under 326 I.A.C. § 4-1-3.
(B) Exceptions.
(1) The following types of fires are permitted, subject to the limitations contained in division (B)(2) below:
(a) Fires used for celebrating Twelfth Night ceremonies;
(b) Fires used for celebrating school pep rallies;
(c) Fires used for celebrating scout activities;
(d) Fires used for recreational and cooking purposes, i.e., campfires;
(e) Farm burning and burning by the Department of Natural Resources as allowed by 326 I.A.C. § 4-1-3; and
(f) Burning with prior receipt of a variance application and approval of the State Air Pollution Control Board or its designated agent as allowed by 326 I.A.C. § 4-1-4.
(2) All permitted fires shall be subject to the following limitations:
(a) Only untreated wood products shall be burned unless otherwise stated.
(b) Fires shall be attended at all times until completely extinguished.
(c) If a fire creates an air pollution problem, a nuisance, a health hazard or a fire hazard, it shall be extinguished.
(d) All farm burning shall occur between the hours of 12:00 noon and 6:00 p.m. during which times the fire may be replenished, but only in such manner that all of the burning material is consumed by 6:00 p.m.
(e) No burning shall be conducted unless the wind is at least five mph and no more than 15 mph.
(f) No burning shall be conducted on property owned by another party, including publicly owned streets, roads, and highways.
(g) No burning shall be conducted within 25 feet of a structure owned by another party.
(C) Interpretation. The provisions of this section shall be interpreted so as to be valid and enforceable and consistent with, but more restrictive than, 326 I.A.C. §§ 4-1-1 et seq.
(D) Sunset provision.
(1) This section shall terminate upon the declaration by a court of competent jurisdiction located in the county that the town has failed to provide or arrange for a curbside leaf pick-up program in the Fall of any year for the citizens of the town.
(2) This provision shall provide no defense to the enforcement of this section unless a declaration from a court of competent jurisdiction in the county has been obtained or issued prior to the date of a cited ordinance violation.
(Ord. 313, passed 7-18-1994) Penalty, see § 94.99