§ 91.03  OPEN BURNING.
   (A)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      APPROVED CONTAINER. A device specifically designed for use of burning wood or charcoal, including, but not limited to, portable fireplaces, fire pits or chimineas. All portable devices must be equipped with a spark arrestor (i.e., screen or chimney). The container must be sufficiently vented to induce adequate primary combustion. Burning in barrels or drums is no longer permitted.
      BARBEQUE PIT or GRILL. A stationary or portable device, with either electric, gas, charcoal or wood used for the preparation of food.
      ENFORCEMENT AGENCY. New Haven Police Department, New Haven-Adams Township Fire Department, New Haven City Code Enforcement Department, Allen County Health Department, Allen County Sheriff’s Department and Allen County Environmental Management Agency.
      HAZARDOUS CONDITION. A situation where the enforcement agency determines that the fire may be capable of spreading or damaging other property or which is unreasonably offensive to occupants of surrounding property.
      OPEN BURNING or OPEN FIRE. Any burning of combustible materials out of doors, excluding burning in a barbeque pit or grill.
      RECREATIONAL OR CAMP FIRE. A recreational or camp fire shall not exceed a total fuel area of three feet in diameter and may not exceed three feet in height.
      WOOD PRODUCTS. Untreated and unpainted lumber or natural wood. WOOD PRODUCTS do not include vines, leaves, grass or other plant material.
      PERMISSIBLE VEGETATION. Natural vegetation or plant material excluding wood products, grass, leaves, poison ivy, poison oak and poison sumac.
   (B)   Burning prohibited. No person, firm, business or other entity shall kindle or maintain any open burning, except for burning described in division (C) below. No burning is permitted in apartment complexes or mobile home parks whatsoever.
   (C)   Exemptions.
      (1)   Fires celebrating residential, religious or public activities which exceed size restrictions of a residential or camp fire may be maintained upon prior approval of the Fire Chief or his or her designee;
      (2)   Fires for scouting activities;
      (3)   Camp fires;
      (4)   Residential burning in approved containers.;
      (5)   Burning expressly permitted by state statute (I.C. 13-17-9-1);
      (6)   Residential barbeque pits or grills;
      (7)   Customary burning of logs and other wood products in residential fireplaces and residential auxiliary heating devices;
      (8)   Ceremonial burning of U.S. flags;
      (9)   Burning of non-demolished dwellings by the Fire Department for the purpose of fire training with approved permits from IDEM;
      (10)   Burning by Fire Department personnel following a natural disaster, or when there is a health, safety or environmental hazard; and
      (11)   Use of an approved air curtain destructor as approved by IDEM.
   (D)   Restrictions. Otherwise, lawful burning is subject to the following restrictions.
      (1)   Only wood products and permissible vegetation shall be burned. All other material is unlawful to burn including, but not limited to, leaves, grass, animal or vegetable solids, semi-solid waste resulting from process like processing, preparation, cooking, serving or consumption of food or food products, petroleum products, rubber products, plastic products, liquid waste, garbage or refuse, construction or demolition debris, wire, insulation and every other material which is not a wood product or permissible vegetation, as defined by this section.
      (2)   Fires shall be attended at all times until extinguished.
      (3)   If a fire creates a hazardous condition, the fire shall be extinguished.
      (4)   No burning shall be conducted during unfavorable conditions such as temperature inversions, high winds, air stagnations and dry conditions.
      (5)   Locations of burning must be at least ten feet from any structure and at least ten feet from adjoining property, sidewalk or public right-of-way or street.
(Prior Code, § 91.04)  (Ord. G-11-02, passed 9-13-2011)  Penalty, see § 91.99