ORDINANCE NO. 9-9-08.2

 

AN ORDINANCE REGULATING OPEN BURNING IN THE TOWN OF MOUNT SUMMIT AND PROVIDING PENALTIES FOR VIOLATIONS OF SUCH REGULATIONS.

 

 

 

     WHEREAS, the burning of leaves and other residential trash has traditionally been tolerated, as acceptable means of disposal;

     BUT, in recent years public awareness has greatly increased with regard to the source of pollutants in our environment; and,

     WHEREAS, it is quite evident that burning in general, including clean wood products, generates smoke which by its nature contains pollutants and contaminants to the environment that are harmful to human and animal life; and,

     WHEREAS, said pollutants are a danger to health, safety, and welfare of all the citizens of the town of Mt. Summit; and,

     WHEREAS, the health and safety factors far outweigh the traditional tolerance of burning as a means of trash disposal.

     NOW, THEREFORE, BE IT ORDAINED by the town board members of the town of Mt. Summit that Ordinance No. 9-9-08.2 is hereby adopted as follows:

 

  1. Open burning is defined as 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.
  2. 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 ordinance.  No person shall allow the accumulation or existence of combustible materials that constitutes or contributes to open burning.
  3. 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.  There will be NO GROUND burning. All burns must be in an enclosed container. NO TRASH burning is permitted.
    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:

1.      Only clean untreated wood or charcoal shall be used. Paper or petroleum products can be used for ignition purposes only.

2.       The fire shall not be ignited more than 2 hours before the recreational activity is to take place and shall be extinguished upon the conclusion of the activity.

3.      The pile to be burned shall be less than 1000 cubic feet (for example: 10 ft x 10 ft.).

4.      The local fire department shall be notified 24 hours in advance if the pile to be burned is more than 125 cubic feet (for example: 5 ft. x 5 ft. x 5 ft.)

5.      The fire shall not be used for disposal purposes.

6.      The fire shall not be within 500 feet of a pipeline or fuel storage area.

 

  1. Variances. Other types of fires may be approved as follows:

 

Any other type of fire whereby a citizen of the town of Mt. Summit has obtained a variance from the provisions of this ordinance by petitioning the town board may be allowed. However, the town board cannot grant a variance for burning that would otherwise violate the provisions of the 326 Indiana Administrative Code 4-1 et seq. and as amended and Indiana Code 13-17-9.  Examples of types that are approved are as follows:

    1. Fire fighter training
    2. Fire extinguisher training
    3. Vegetation propagation
    4. Use of an air curtain destructor
    5. Please refer to Attachment A for expanded version of variance situations based on 326 IAC 4-1-3 (c)(3-8) and 326 IAC 4-1-4)

 

  1. The following conditions shall 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 the create a fire hazard, nuisance, pollution problem, or threat to public health.
    4. Fire fighting 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.

 

  1. Enforcement:  Any person found in violation of this ordinance shall be subject to the following procedures:

 

    1. The fire department, town board member, town marshal, and/or clerk treasurer shall issue a warning notice (either verbal or written) 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 a citation to the violator shall result in the imposition of a fine of one hundred dollars. ($100.00) for first time offender. For each offense after the first, the fine shall be not less than one hundred dollars ($100.00) and not more than one thousand ($1,000.00).  Fine shall be paid at the Town Hall office in Mount Summit during office hours.  If said fine is not paid in a timely manner ( a period of thirty (30) days from issuance of fine), the fine assessed shall be added to your property tax.
    3. Failure or refusal of the violator to immediately extinguish the fire in violation of this ordinance shall 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 of 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 ordinance on the basis that said fire was set by vandals, accidental, or act of God.

 

  1. The open burning provisions are enforceable by the duly appointed fire department, law enforcement officers, and any town elected officials.
  2. This ordinance shall be in full force and effect from and after its passage by the Mt Summit Town Board, approved by the Town board, and legally published. This ordinance shall supersede any prior ordinance concerning burning in the town of Mt. Summit

 

 

Passed and adopted on this 9th day of September, 2008.

 

Signatures:

 

Betty Gipe, Betty Gipe, Town Board President

 

Max Lines, Max Lines, Town Board Member

 

David Greene, David Greene, Town Board Member

 

Attest:

 

Sharon Jessup, Sharon Jessup, Town Clerk Treasurer

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT A

 

 

  • Waste oil burning where waste oil originates from spillage during testing of an oil well has been collected in a properly constructed and located burn off pit as prescribed in 310 IAC 7-1-37(a) in the Indiana Department of Natural Resources (DNR) rules, oil and gas operations.   Burning shall be subject to the following conditions:

(A)  Each oil pit may be burned once every two (2) months

(B)  The fire must be extinguished within thirty (30) minutes of ignition.

  • Indiana Department of Natural Resources (DNR) burning, to facilitate prescribed burning on DNR-controlled properties for wildlife habitat maintenance, forestry purposes, natural area management, and firefighting or prevention; United States Department of the Interior burning, to facilitate a National Park Service Fire Management Plan for the Indiana Dunes National Lakeshore, for example; and United States Department of Agriculture, forest Service burning, to facilitate wildlife habitat maintenance, forestry purposes, natural area management, ecosystem management, and fire-fighting or preventions.
  • Burning marijuana by federal, state, and local law enforcement offices. Only clean petroleum products shall be used for ignition purposes.
  • Burning, for the purpose of heating, using clean wood products or paper in a noncombustible container that is sufficiently vented to induce adequate primary combustion, and has enclosed sides a bottom.  Burning shall be subject to the following conditions:

(A)       Burning shall only occur between October 1 and May 25

(B)       Burning shall not be conducted for the purpose of disposal.

  • Burning of vegetation by fire departments and firefighters to create fire breaks for purpose of extinguishing an existing fire.  Such burning is not subject to the conditions in section 5.
  • Burning of clean petroleum products for fire extinguisher training, subject to the following conditions:

(A)       The local fire department and 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 with 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.

  • Emergency burning with prior oral approval of the Commissioner of Indiana Department of Environmental Management or the commissioner’s designated agent may be authorized for the following:

(a)      Spilled or escaping liquid or gaseous petroleum products when all reasonable efforts to recover the spilled material have been made and failure to burn would result in an imminent fire or health hazard or air or water pollution problem; or

(b)      Clean wood waste, vegetation, or deceased animals resulting from a natural disaster where failure to burn would result in an imminent health or safety hazard.