AN ORDINANCE ADDRESSING THE DECLARATION OF A LOCAL DISASTER EMERGENCY BURN BAN
WHEREAS, The Board of Commissioners of the County of LaGrange has previously adopted ordinances for the purpose of declaring weather-related emergencies in LaGrange County, Indiana (the “County”); and
WHEREAS, it is the intent of this Ordinance to protect the health and well being of our citizens, to keep residents informed of significant weather-related conditions, and to reduce the risk of fire danger during dry weather conditions; and
WHEREAS, under IC 10-14-3-29, it is the duty of the principal executive officer of each Indiana political subdivision to determine when it shall become necessary to declare a local disaster emergency for said political subdivision to activate the response and recovery aspects of all applicable disaster emergency plans and to authorize the furnishing of aid and assistance under such plans.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF LAGRANGE, INDIANA, THAT:
SECTION I: TITLE
This Ordinance shall be known as the Local Disaster Emergency Burn Ban Ordinance of LaGrange County, Indiana, and shall apply to the entire unincorporated area of the County. The mandatory provisions of this Ordinance and of any Local Disaster Emergency Burn Ban issued pursuant to this Ordinance, including the prohibitions of certain burnings and the penalties for violating those prohibitions, shall not apply to incorporated areas maintained by a town within the County.
SECTION II: PROCEDURE
The Principal Executive Officer, as defined in LaGrange County Ordinance 2011-5-16B, as amended, after consultation with:
a. The County Emergency Management Advisory Council
b. The County Sheriff;
c. The County Emergency Management/ Homeland Security Director; and
d. The County Highway Superintendent
or the respective representative designated by each as the person to consult in his/her absence for the purpose of recommending a declaration of a Local Disaster Emergency Burn Ban, if any of the above are available, may declare a Local Disaster Emergency Burn Ban, in the Principal Executive Officer's judgment, such order would be appropriate under IC 10-14-3-29 and in the best interest of the public safety and welfare of the residents of the County.
Pursuant to IC 10-14-3-29, a declaration for a Local Disaster Emergency Burn Ban shall continue in effect for no longer than seven (7) days except with the consent of the Board of Commissioners that the local disaster emergency shall last longer than seven (7) days. The Local Disaster Emergency Burn Ban shall continue until the Principal Executive Officer, or the Board of Commissioners if applicable, or the applicable Official or their respective designee declares the emergency no longer exists and terminates the emergency order.
SECTION III: LOCAL DISASTER EMERGENCY BURN BANS
A Local Disaster Emergency Burn Ban shall be declared in accordance with IC 10-14-3-29 and this Ordinance. The purpose of a Local Disaster Emergency Burn Ban is to keep the residents of the County informed of the increased risk of fire danger due to dry weather conditions and to prohibit certain burnings in order to protect the well being of the citizens and property within the County.
SECTION IV: PROHIBITED BURNINGS
While a Local Disaster Emergency Burn Ban is in effect, the following burnings shall be prohibited within the entire unincorporated area of LaGrange County: (i) the burning of unattended campfires; (ii) the burning of brush; (iii) the burning of trash fires; (iv) the burning of articles within burn barrels; and (v) the burning of any other open air fires, including the use of fireworks. The above not withstanding, the use of a gas or charcoal grill is permissible and shall not be considered a violation of this Ordinance.
SECTION V: PUBLICATION
Any order or proclamation declaring, continuing, or terminating a Local Disaster Emergency Burn Ban shall be given prompt and general publicity and shall be filed promptly in the office of the LaGrange County Circuit Court Clerk pursuant to IC 10-14-3-22(b)(2). Publication and broadcast of a Local Disaster Emergency Burn Ban shall be made or caused to be made by the Principal Executive Officer or other officials designating the Local Disaster Emergency Burn Ban a press release to all law enforcement agencies, fire departments, hospitals and news media in the County.
SECTION VI: PENALTIES
Any persons violating any provisions of this Ordinance shall be guilty of the commission of an infraction and may be fined any sum not to exceed $100.00 and such shall be enforceable in any court of law, duly authorized by Indiana state law, and in addition to such fine the court shall be authorized to direct the violator to repay the County any monetary losses or expenses incurred in the incident.
SECTION VII: PRIOR ORDINANCES
All parts of any prior ordinances adopted by the County that are in conflict herewith shall be amended upon the effective date of this Ordinance and all reasonable efforts should be made to harmonize same. Should any section or part thereof of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole, or any other portion thereof other than that portion so declared to be invalid, and for this purpose the provisions of this Ordinance are hereby declared to be severable.
The express or implied repeal or amendment by this Ordinance of any other ordinance or part of any other ordinance does not affect any rights or liabilities accrued, penalties incurred, or procedures begun prior to the effective date of this Ordinance. Those rights, liabilities, and proceedings are continued, and penalties shall be imposed and enforced under the repealed or amended ordinance as if this Ordinance had not been adopted.
This Ordinance shall be effective immediately upon promulgation according to the law.
LC 90 N22/S25