a. The following instances of open burnings shall be exempt from restriction under this Article:
1. Fires celebrating school pep rallies;
2. Fires celebrating scouting activities;
3. Fires used for recreational and cooking purposes, such as camp fires;
4. Fires at residences of four (4) or fewer units, where fires are contained in a noncombustible container sufficiently vented to induce adequate primary combustion air, with enclosed sides, a bottom, and a mesh covering with openings no larger than one-fourth (1/4) square inch, provided, however, that this exemption shall not include such fires at apartment complexes and mobile home parks, which fires are prohibited;
5. Fires of wood products associated with nursery and farming maintenance operations, including:
A. The burning of fence rows and fields, or materials derived therefrom;
B. The burning of natural growth derived from clearing a drainage ditch; and
C. The burning of limbs and prunings, but only if so diseased or infected as to present a contamination problem;
6. Waste oil burning, where the waste oil has been collected in a properly constructed and located pit as prescribed in 310 IAC § 7-1-37(A), as amended from time to time, being a rule of Division of Oil and Gas, Indiana Department of Natural Resources. Each oil pit may be burned once every two (2) months and all oil must be completely burned within thirty (30) minutes after ignition; and
7. Burning done pursuant to variance granted by the Indiana Air Pollution Control Board pursuant to 326 IAC 4-1-1, et seq., as amended from time to time.
b. All exemptions shall be subject to the following:
1. Only wood products shall be burned unless otherwise stated above.
2. Fires shall be attended at all times until completely extinguished.
3. If fires create an air pollution problem, a nuisance, or a fire hazard, they shall be extinguished. The person responsible shall also be subject to penalties per this chapter.
4. All residential, farm, and waste oil burning shall occur during daylight hours during which the fires may be replenished, but only in such a manner that nearly all of the burning material is consumed by sunset.
5. No burning shall be conducted during unfavorable meteorological conditions such as temperature inversions, high winds, or air stagnation.
(Ord. No. 1709, § 1, 6-13-07)