§ 95.03 EXCEPTIONS.
   (A)   For maintenance purposes only and without first obtaining a permit or other authorization, a person may openly burn vegetation from:
      (1)   A farm;
      (2)   An orchard;
      (3)   A nursery;
      (4)   A tree farm;
      (5)   A cemetery; or
      (6)   A drainage ditches.
   (B)   Subject to and in strict compliance with the conditions of § 95.04 of this chapter, and other applicable conditions as set forth in this division (B) and 326 I.A.C. 4-1-3, the following types of fires are permitted in the town:
      (1)   Recreational or ceremonial fires, such as fires for scouting activities, and fires used for cooking purposes, such as campfires, subject to the following conditions:
         (a)   Only the following may be burned:
            1.   Clean wood products;
            2.   Paper;
            3.   Charcoal; and
            4.   Clean petroleum products.
         (b)   Any person conducting recreational or ceremonial fires, the size of which may exceed 125 cubic feet, shall notify the local fire department and health department at least, 24 hours prior to any burning and including the date, time and location of the burning.
         (c)   Fires shall:
            1.   Not be ignited more than two hours before the recreational activity is to take place; and
            2.   Be extinguished upon conclusion of the activity.
         (d)   The pile to be burned shall be less than or equal to 500 cubic feet and only one pile may be burned at a time.
         (e)   The fires shall not be used for disposal purposes.
         (f)   Fires shall not be located within 500 feet of any fuel storage area or pipeline.
      (2)   Burning, for disposal purposes, of clean wood products and paper, leaves, yard waste and card board; no building materials, food products or trash, burned on private residential properties developed as single- or two-family residences, but only in non-combustible containers that are sufficiently vented to induce adequate primary combustion and have enclosed sides and a bottom;
      (3)   Burning, for the purpose of heating and not disposal, using clean wood products, paper, charcoal or clean petroleum products, no leaves, yard waste, cardboard, building materials, food products or trash in noncombustible containers that are sufficiently vented to induce adequate primary combustion or defined fire pits or outdoor fireplaces; and
      (4)   Burning for cooking in grills, smokers, other non-combustible containers, that are sufficiently vented to induce adequate primary combustion, defined fire pits or outdoor fireplaces of only clean wood products, paper, charcoal or clean petroleum products. CLEAN WOOD PRODUCTS means wood products that are not pressure treated or coated with stain, paint, glue or other coating material. CLEAN PETROLEUM PRODUCTS means natural gas, propane gas, butane gas and charcoal lighter fluid.
(Ord. 2020-07-01, passed 8-4-2020)