ORDINANCE   2003-01   OF THE TOWN COUNCIL OF
LEO-CEDARVILLE, INDIANA

AN ORDINANCE ESTABLISHING RULES FOR OPEN BURNING WITHIN THE BOUNDARIES OF THE TOWN OF LEO-CEDARVILLE, INDIANA

WHEREAS, the Town of Leo-Cedarville has received certain grant money from the State of Indiana; and

WHEREAS, a condition of that grant money requires the Town to enact a burn ordinance regulating open burning within the Town’s boundaries; and

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Leo-Cedarville, Indiana:

A.         Definitions.   Throughout this ordinance the following definitions shall apply unless otherwise indicated:

(1) “Adequate fire fighting equipment” means equipment sufficient and appropriate under the circumstances to extinguish the fire.

(2) “Clean petroleum products” means an uncontaminated, refined petroleum product, such as kerosene or diesel fuel, not previously used in any application.

(3) “Clean wood products” means wood products, including vegetation, that are not coated with stain, paint, glue, or other coating material.

(4) “Drainage ditch” shall have the meaning of regulated drain or open drain under I.C. 36-9-27-2.

(5) “Emergency burning” means the burning of clean wood waste or deceased animals caused by a natural disaster or an uncontrolled event such as the following:

(A) A tornado.
(B) High winds.
(C) An earthquake.
(D) An explosion.
(E) A hail storm, a rain storm, or an ice storm.

(6) “Open burn” means the burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber.

(7) “Non combustible container” means a container that is sufficiently vented to induce adequate primary combustion having enclosed sides with a bottom and is sufficiently resistant to heat damage that it is able to contain the material being burned.

(8) “Refuse” means any material that is not vegetation or clean wood products, and includes garbage, rubbish, trash and trade-waste.

(9) “Smoke” means gas-borne particles resulting from incomplete combustion, consisting predominately, but not exclusively of carbon, ash, and other combustible materials that forma visible plume in the air.

B.         Authorized Open Burning:   A person may open burn for the following reasons:

(1)   For maintenance purposes a person may open burn as follows:
(A)   Vegetation may be burned from:
(i)   a farm;
(ii)   an orchard;
(iii)   a nursery;
(iv)   a tree farm; or
(v)   a drainage ditch.
(B)   The County Highway Department may burn vegetation and wood products derived from pruning or clearing a roadside.
(2)   For recreational, social or religious purposes, a person may open bum as follows:

(A)   Fires may be made for cooking, celebration, religious or social ceremonies, or personal comfort, provided that such fires comply with the requirements of subsection (B) of this section

(B)   All Fires under this section must comply with the following:
(i)   Only clean wood products, paper, charcoal, or clean petroleum products may be burned;
(ii)   The nearest local fire department must be notified at least twenty-four (24) hours prior to any burning where the size of the pile being burned is more than one hundred twenty-five (125) cubic feet.
(iii)   Fires shall not be ignited prior to two (2) hours before the activity or meeting is to take place and shall be extinguished upon the conclusion of the activity or meeting;
(iv)   The pile to be burned shall be less than or equal to one thousand (1,000) cubic feet and only one (1) pile may be burned at a time.
(v)   No fire shall be used for ruse disposal purposes.
(3)   For residential burning of clean wood products and paper.
C.   Open Burning Conditions.
All open burning that is allowed must comply with the following conditions:
(1) A person who open burns shall extinguish the fire if the fire creates:
(A) a pollution problem;
(B) a threat to public health;
(C) nuisance; or
(D) a fire hazard.
(2) Burning may not be done during unfavorable meteorological conditions such as:
(A) High winds defined as greater than 20 mph as given by the local office of the National Weather Service.
(B) Temperature inversions.
(C) Air stagnation or winds less than 5 mph as given by the local office of the National Weather Service.
(3) All fires must be attended at all times during burning until completely extinguished.
(4) Asbestos containing materials may not be burned.
(5) All burning shall comply with federal, state, and local laws, rules, and ordinances.
(6) Burning may not be commenced before sunrise or added to after sunset, said times as announced by the local office of the National Weather Service, and must be extinguished by one (1) hour after sunset except for those fires addressed in Article B, subsection (2) above, which fires must not be ignited earlier than two (2) hours prior to the start of the event and must be extinguished at the completion of the event or activity.
(7) Burning shall be more than twenty (20) feet from any structure owned by the person performing the burn, a road, or a power line; and one hundred (100) feet from any fuel storage area, pipeline or structure not owned by the person.
D.   Special circumstances:
Open burning may be permitted for the following special situations. All pertinent and applicable laws, rules, and ordinances must be complied with.
(1) Environmentally prescribed burning conducted for purposes of wildlife habitat maintenance, forestry purposes, natural area management, ecosystem management, and fire fighting or prevention burning. All conditions defined in chapter 3 shall be met. Only vegetation and clean petroleum products may be burned.
(2) Burning of vegetation by fire departments and firefighters to create fire breaks for purposes of extinguishing an existing fire.
(3) Burning of clean petroleum products for fire extinguisher training:
(A) The local fire department and local health department must be notified at least twenty-four (24) hours in advance of the date, time and location of the burning.
(B) All burning shall take place in a noncombustible container or enclosure, enclosed on all sides and having a bottom.
(C) A total of no more than fourteen (14) gallons of fuel may be burned per day.
(D) Only one (1) fire may be allowed to burn at a time.
(E) All burning shall be conducted in such a manner so as to prevent any possibility of soil contamination.
(4) Other: Open burning, other than mentioned above, may be permitted when a variance from 326 IAC 4-1 has been approved by the Indiana Department of Environmental Management
E.   Prohibitions.
(1) Open burning of any material is prohibited on any real estate zoned for or used for:
(A) Business purposes;
(B) Apartment complexes;
(C) Condominiums;
(D) Mobile home parks; or
(E) Multi-family residences containing five (5) or more family units.
Unless a variance from 326 lAC 4-1 has been approved and issued by the Indiana Department of Environmental Management.
(2) Open burning of any substance other than those defined in this ordinance is prohibited.
(3) Open burning of permitted substances is allowed within the definitions set forth in this ordinance except that no person shall cause, suffer, allow, or permit the emission into the atmosphere of any substance or combination of any substances from the burning of wood products in such quantities as to cause annoyance or to constitute a nuisance so as to interfere with the health or well being of any individual in his or her home or place of employment or recreation or as to interfere with the normal use and enjoyment of any such place.
(4) Burning of leaves that have fallen from trees or shrubs, non-woody plant matter, weeds, grass clippings or other material that can be composted is prohibited.
F.   Penalties for Violation of this Ordinance
(1)       A person violating a provision of this ordinance shall be subject to a fine not to exceed $250.00 as determined by the Town Council. A person who repeatedly violates this ordinance or who willfully violates a provision of this ordinance shall be subject to a fine not to exceed $2,500.00.
See Also:   Ordinance 2014-4
(2)       Fines shall be assessed and collected as provided by local ordinance.
(3)       The above penalties do not preclude the Indiana Department of Environmental Management from seeking legal action for violations(s) of 326 LAC 4-1.
(4)       Any person who allows the accumulation or existence of combustible material which consititutes or contributes to a fire causing air pollution may not refute liability for violation of this ordinance on the basis that said fire was caused or resulted from acts by vandals, accident, or an act of God or nature.
G.   This ordinance shall repeal any prior ordinance inconsistent with its terms.
H.   This ordinance shall become effective upon its passage and upon its execution by the Town Executive (i.e. Town Council President) as attested by the Clerk-Treasurer.

Passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana on this 7th day of January, 2003.

 

  Janice Linn         
Janice Linn
President

  R. Paul Steffens  
R. Paul Steffens
Council member

  ABSTAIN            
Matthew Akins
Council member

  John Clendenen  
John Clendenen
Vice President

  ABSTAIN            
Thomas Weaver
Council member

 

Attestation of Clerk-Treasurer

I, Pamela Spannuth, the Clerk-Treasurer for the Town of Leo-Cedarville, Indiana, hereby attest that the ordinance set forth above was adopted by the legislative body of the Town of Leo-Cedarville on  January 7, 2003   and signed by the Executive for the Town of Leo-Cedarville, and properly executed in my presence on   January 7, 2003  .

 

Pamela Spannuth
Clerk-Treasurer