Ordinances - Shipshewana burning
TOWN OF SHIPSHEWANA
ORDINANCE NO. IV-F-3(2)
AN ORDINANCE REGULATING OPEN BURNING IN THE TOWN OF SHIPSHEWANA AND PROVIDING PENALTIES FOR VIOLATION OF SUCH REGULATIONS
WHEREAS, the burning of leaves and other residential trash has traditionally been tolerated as an 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 the health, safety, and welfare of all the citizens of Shipshewana; 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 Council of the Town of Shipshewana that:
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—such as an incinerator. However, the stack or chimney from an enclosed chamber set forth above shall not include burn barrels.
2. No person shall start, kindle, cause, allow, or maintain any form of open burning of any materials on private or public property, including but not limited to burn barrels, except as specifically authorized by this Ordinance. No person shall allow the accumulation or existence of combustible material that constitutes or contributes to open burning.
3. Exemptions: the following types of burning are allowed:
A. The burning of charcoal, clean untreated wood, and other cooking fuels customarily used in an outdoor grill or traditional food cooking devices.
B. Campfires until midnight.
C. Fires used for recreational or ceremonial purposes such as school pep rally fires or the celebration of Scout activities. Recreational or ceremonial fires 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. 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 for disposal purposes.
6). The fire shall not be within 500 feet of a pipeline or fuel storage area.
4. All exemptions under subsection (3) shall be subject to the following:
A. Only wood products or products derived from wood shall be burned unless otherwise stated above.
B. Fires shall be attended at all times until completely extinguished.
C. Recreational fires in Town parks shall be subject to the rules and regulations of the Town Park Board.
D. If fires create a nuisance or a fire hazard, they shall be extinguished immediately.
E. No burning shall be conducted during unfavorable meteorological conditions, such as temperature inversions, high winds, or stagnation, etc.
F. No fire shall contain or consume items which will naturally result in noxious fumes or excessive smoke.
G. Burning shall not be conducted within thirty (30) feet of a building located on adjacent property.
5. Burning with prior approval of the commissioner of the Indiana Department of Environmental Management, consistent with Rule 326 IAC 4-1, shall be allowed for the following:
A. Emergency burning of spilled petroleum products when all reasonable efforts to recover the spilled material have been made and failure to burn would result in an imminent fire hazard or water pollution problem.
B. Burning of refuse consisting of material resulting from a natural disaster.
C. Burning for the purpose of fire training.
D. Burning of natural growth derived from a clearing operation, i.e., removal of natural growth for change in use of land.
E. Burning of highly explosive or other dangerous materials for which no alternative disposal method exists or where transportation of such materials is impossible.
6. The following conditions apply to all exemptions under subsection (3) and variances:
A. 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.
B. Fires must be attended at all times until completely extinguished.
C. Fires must be extinguished if they create a fire hazard, nuisance, pollution problem, or threat to public health.
D. Firefighting equipment adequate for the size of the fire shall be on-site and nearby during times of burning.
E. Burning shall not be for disposal purposes.
F. All burning shall comply with other federal, state, and local laws, rules, and Ordinances.
7. Enforcement: Any person found in violation of this Ordinance shall be subject to the following procedures:
A. The Shipshewana Fire or Police Department shall issue a warning notice 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 with a fine of $250.00. After a person has been issued a warning notice, any subsequent violation shall be issued without warning and shall result in a citation being issued with a fine of $250.00 for each violation thereafter. A person, as stated herein, shall include an individual, corporation, association, or any other entity under the law.
B. Failure or refusal by the violator to immediately extinguish the fire in violation of this Ordinance shall also result in the fire department having the authority to go upon private property to extinguish said fire. Any fine issued pursuant to this Ordinance shall be in addition to any service charge required by the Shipshewana Fire Department. Said Shipshewana Fire Department service charge may be charged to the person regardless of whether a fine is issued pursuant to this Ordinance.
C. Liability for 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.
8. The open burning provisions are enforceable by the duly appointed Fire Chief or law enforcement officers within the Town of Shipshewana acting on his/her own initiative or at the request of the Town Council.
9. The Town Clerk-Treasurer is hereby authorized to publish this Ordinance as required by law.
10. This Ordinance shall be in full force and effect from and after its passage by the Town Council and legal publication.
Ayes: - 5 -
Nays: - 0 -
Abstentions: - 0 -
Adopted this 28th day of JUNE, 2012.
THE TOWN COUNCIL OF THE TOWN
OF SHIPSHEWANA, INDIANA
______________________________
Roger D. Yoder, President ______________________________
Lynn M. Bontrager, Member ______________________________
Nathan E. Jones, Member ______________________________
Jerry Rice, Member
______________________________
Jerry S. Ankney, Member
ATTEST:
______________________________
Ruth Ann Downey, Clerk
64040
WAIVER OF SECOND READING
On motion duly made and seconded, the second reading of the foregoing Ordinance was unanimously waived and the Ordinance was deemed effective as of the date of passage.
THE TOWN COUNCIL OF THE TOWN
OF SHIPSHEWANA, INDIANA
______________________________
Roger D. Yoder, President ______________________________
Lynn M. Bontrager, Member ______________________________
Nathan E. Jones, Member ______________________________
Jerry Rice, Member ______________________________
Jerry S. Ankney, Member
ATTEST:
______________________________
Ruth Ann Downey, Clerk
LC 183 S9/N13
