§ 6-105. Burning/fire regulations

(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 section. 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, traditional food cooking devices, or campfires.

b. 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 two (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 one thousand (1,000) cubic feet (for example: 10 ft. × 10 ft. × 10 ft.).

4. The local fire department shall be notified twenty-four (24) hours in advance if the pile to be burned is more than one hundred and twenty-five (125) cubit feet (for example: 5 ft. × 5 ft. × 5 ft.).

5. The fire shall not be for disposal purposes.

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

(4) Variances. Other types of fires may be approved as follows:

Any other type of fire whereby a citizen of Lake Station has obtained a variance from the provisions of this section by petitioning the common council may be allowed. However, the common council cannot grant a variance for burning that would otherwise violate the provisions of 326 Indiana Administrative Code 4-1 et seq. as amended and Indiana Code 13-17-9.

The following types of fires may be allowed if approved by the Indiana Department of Environmental Management:

a. Fire fighter training.

b. Fire extinguisher training.

c. Vegetation propagation.

d. Use of an air curtain destructor.

(5) The following conditions to apply to all exemptions 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. Fire fighting equipment adequate for the size of the fire shall be onsite 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.

(6) Enforcement. Any person found in violation of this section shall be subject to the following procedures.

a. The city police department or city code enforcement 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. A person is only entitled to one (1) warning notice. Thereafter a person found in violation of this section shall be issued a citation.

b. Issuance of a citation to the violator shall result in the imposition of a twenty-five dollar ($25.00) fine for the first offense and a fifty dollar ($50.00) fine for each subsequent violation within twelve (12) months.

c. Failure or refusal by the violator to immediately extinguish the fire in violation of this section shall also result in the fire department having the authority to go upon private property to extinguish said fire.

d. 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.

e. 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 section on the basis that said fire was set by vandals, an accident, or an act of God.

(7) The open burning provisions are enforceable by the duly appointed code enforcement officer or law enforcement officers within the city, acting on his/her own initiative or at the request of the mayor or council president.

(8) This section shall be in full force and effect from and after its passage by the common council, approval by the mayor and legal publication.

(Ord. No. 2005-17, 5-5-2005)