(A) Burning material within the town limits.
(1) No person shall burn garbage within the corporate limits of the town.
(2) No person shall burn leaves, brush or weeds upon the public rights-of-way, streets, highways or alleys in the town.
(`95 Code, § 62.10)
(B) Garbage placed outdoors for collection. Garbage placed outdoors for collection or disposal shall be kept in proper garbage containers of metal or other suitable material covered with protective lids. (`95 Code, § 62.11)
(C) Approval needed to burn any material. No person shall, at any time or place, burn outdoors any trash, garbage, refuse or other matter, except leaves and weeds and for cooking as provided in division (E) of this section, unless the person has obtained approval for burning from the office of Air Management of the State of Indiana and then only in accordance with the rules, regulations and conditions imposed by this Agency for such burning.
(`95 Code, § 62.12)
(D) Residential open burning policy. It is the policy of the Town Council that Indiana Rule (326 I.A.C. 4-1) controls residential open burning. An explanation of this policy is as follows.
(1) The nature and quantity of smoke generated by burning will vary with the material burned and the conditions under which it is burned. However any smoke will contain pollutants, some of which are toxic and harmful to health. Thus it is the position of the Office of Air Management that any burning that does not serve a useful function, or for which alternatives are available, should be discouraged. It is recognized that burning traditionally has been a quick and cheap means of disposal of unwanted material. In most instances, given the environmental and health impacts, burning can no longer be justified.
(2) Indiana has a rule (326 I.A.C. 4-1) with state-wide applicability that severely restricts uncontrolled (open) burning of waste. As it applies to residences (four or fewer units) it requires that:
(a) Only wood products be burned. You may burn limbs, leaves, paper and untreated and uncoated lumber; (Do not burn plastics, garbage or tires.)
(b) The burning take place in a noncombustible container sufficiently vented to induce adequate primary combustion air. It must have enclosed sides, a bottom and a mesh covering with openings no larger than inch square;
(c) No burning take place when meteorological conditions are unfavorable such as temperature inversions, high winds or air stagnations;
(d) If the fire creates a nuisance or a fire hazard it shall be extinguished;
(e) All burning occur during daylight hours. Fires shall be replenished in such a manner that the material will be consumed by sunset;
(f) Fires be attended at all times until completely extinguished.
(3) Burning is not permitted in apartment home complexes or mobile home parks. You should check with your local government officials to determine if more restrictive local rules apply. Any such rule must be equal or more restrictive than the state rule.
(4) If you have any questions as to what is allowed, please call the Office of Air Management at 317-232-8470. If you have questions on how to obtain a variance from this rule contact:
Office of Air Management
P.O. Box 6015
Indianapolis, Indiana 46206-6015
Phone 317-232-8220
(`95 Code, § 62.13)
(E) Outdoor cooking. This section shall not prohibit the use of outdoor cooking grills and small attended camp fires for the preparation of food for consumption on the premises, except as prohibited herein.
(`95 Code, § 62.14)