(A)   Open burning is defined as the burning of any materials wherein air contaminates resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber.
   (B)   No person shall start, kindle, cause, allow, or maintain any form of open burning of any materials on private or public property, except as specifically authorized by this section. No person shall allow the accumulation or existence of combustible materials that constituted or contributes to open burning.
   (C)   Exemptions. The following types of burning are allowed:
      (1)   The burning of charcoal, clean untreated wood, and other cooking fuels customarily used in an outdoor grill, traditional food cooking devices, or campfires.
      (2)   Fires used for recreational or ceremonial purposes such as school pep rally fires or the celebration of scout activities. Recreational or ceremonial shall meet the following conditions.
         (a)   Only clean untreated wood or charcoal shall be used. Paper or petroleum products can be used for ignition purposes only.
         (b)   The fire shall not be ignited more than two hours before the recreational activity is to take place and shall be extinguished upon the conclusion of the activity.
         (c)   The pile to be burned shall be less than 1,000 cubic feet (for example: 10 ft. x 10 ft. x 10 ft.).
         (d)   The local Fire Department shall be notified 24 hours in advanced if the pile to be burned is more than 125 cubic feet (for example: 5 ft. x 5 ft. x 5 ft. ).
         (e)   The fire shall not be for disposal purposes.
         (f)   The fire shall not be within 500 feet of a pipeline or fuel storage.
   (D)   Variances.
      (1)   Other types of fires may be approved as follows.  Any other type of fire whereby a citizen of the town has obtained a variance from the provisions of this section by petitioning the Town Council may be allowed. However, the Town Council cannot grant a variance for burning that would otherwise violate the provisions of the 326 Indiana Administrative Code 4-1 et seq.,  as amended, and IC 13-17-9.
      (2)   The following types of fires may be allowed if approved by the Indiana Department of Environmental Management:
         (a)   Fire fighter training;
         (b)   Fire extinguisher training;
         (c)   Vegetation propagation;
         (d)   Use of an air curtain destructor;
      (3)   Please refer to Attachment A to Ordinance 2-2014, incorporated by reference as if fully set forth herein, for expanded version of variance situations based on 326 IAC 4-1-3(c)(3-8) and 326 IAC 4-1-4.
   (E)   The following conditions apply to all exemptions and variances:
      (1)   Burning shall be done during safe weather conditions. Burning shall not occur, during high winds, temperature inversions, air stagnation, or when a pollution alert or ozone action day has been declared.
      (2)   Fires must be attended at all times until completely extinguished.
      (3)   Fires must be extinguished if they create a fire hazard, nuisance, pollution problem or threat to public health.
      (4)   Firefighting equipment adequate for the size of the fire shall be on-site and nearby during times of burning.
      (5)   Burning shall not be for disposal purposes.
      (6)   All burning shall comply with other federal, state and local laws, rules, and ordinances.
   (F)   Enforcement. Any person found in violation of this section shall be subject to the following procedures:
      (1)   The Fire/Police/Health Department/Solid Waste District or other designated department personnel shall issue a warning notice to a first-time violator stating that he or she is in violation. The person must then correct the violation by immediately extinguishing the fire. Failure or refusal to immediately extinguish the fire shall result in a citation being issued.
      (2)   Issuance of the citation to the violator shall result in the imposition of a $250 fine per event, as administered by the Town Council. The fine may be paid within 72 hours at a discounted rate of $150 per event.
      (3)   Failure or refusal by the violator to immediately extinguish the fire in violation of this section shall also result in the Fire Department having the authority to go upon private property to extinguish said fire.
      (4)   Each subsequent starting, kindling, causing, or allowing of a new fire after a warning notice or citation has been issued, shall be considered a separate offense.
      (5)   Liability for fire. Any person who allows the accumulation or existence of combustible material which constitutes or contributes to open burning may not refute liability for violation of this section on the basis that said fire was set because of vandals, accidental, or act of God.
   (G)   The open burning provisions are enforceable by the duly appointed fire/police or law enforcement officers within the town acting on his/her own initiative or at the request of the Town Council.
(Ord. 1987-05, passed 7-27-87; Am. Ord. 2-2014, passed 4-23-14)