HomeMy WebLinkAboutD-607 Prohibiting Certain Types of Outdoor BurningPROHIBITING CERTAIN TYPES OF OUTDOOR BURNING
WHEREAS, the City of Carmel, Indiana, is authorized pursuant to
I.C. 13- 1 -1 -10, to enact ordinances regulating air pollution with
state policy; and
WHEREAS, a need exists requiring the regulation of open burning
of refuse, trash, leaves, junk, debris and other waste; and
WHEREAS, it is in the best interest of the citizens of the City
of Carmel, Indiana, that an ordinance be enacted addressing this
need; and
WHEREAS, the Air Pollution Control Board of the State of Indiana
has adopted specific standards pursuant to Title 326 which apply
everywhere throughout the State of Indiana; and
WHEREAS, the City of Carmel believes that the adoption of said
standards by way of local ordinance shall enhance the
enforceability of said standards and regulations;
NOW, THEREFORE, be it ordained by the Common Council of the City
of Carmel that:
(A) Application:
All outdoor burning of any material by residential persons
is banned within the municipal city limits except as provided by
326IAC 4 -1 -3 or 326IACt 4 -1 -4;
(B) Exceptions:
(1)
the
The following types of
limitations found below
(a) Fires used
Ceremonies.
(b) Fires used
(c) Fires used
(d) Fires used
i.e., camp
ORDINANCE NO. D 607
fires are permitted subject to
in (B) (2)
for celebrating Twelfth Night
for celebrating school pep rallies.
for celebrating scouting activities.
for recreational and cooking purposes,
fires.
(e) Residential burning where residence contains four
or fewer units. Burning shall be in a non
combustible container sufficiently vented to
induce adequate primary combustion air with
enclosed sides, a bottom, and a mesh covering
with opening no larger than 1/4" square. Burning
is prohibited in apartment complexes and mobile
home parks.
(f) Farm burning and burning by the Department of
Natural Resources as allowed by 326 IAC 4 -1 -3.
(g) Burning with prior receipt of a variance application
and approval of the Indiana Air Pollution Control
Board or its designated agent as allowed by
326 IAC 4 -1 -1.
(2) All permitted type of fires shall be subject to the
following:
(a) Only untreated wood products shall be burned unless
otherwise stated.
(b) Fires shall be attended at all times until
completely extinguished.
(c) If fires create an air pollution problem, a
nuisance, a health hazard, or a fire hazard,
they shall be extinguished. A nuisance shall
be defined so as to include a complaint regarding
the burning from any downwind property owner or
occupant.
(d) All residential burning shall occur between sunrise
and sunset, during which the fires may be
replenished, but only in such a manner that all
of the burning material is consumed by sunset.
(e) No burning shall be conducted unless the wind is at
least five (5) m.p.h. and no more than (15) m.p.h.
(f) No burning shall be conducted on property owned by
another party, including publicaly owned streets,
roads, and highways.
(g) No burning shall be conducted within 100' of a
structure owned by another party.
(h) No burning shall be conducted within 100' of a
power line.
(C) Enforcement
(1) The Carmel Clay Fire Department and the Carmel Police
Department shall have authority for issuing citations for
violations of this ordinance.
ATTEST:
(D) Fines
(1) Any person found to be in violation of this ordinance
shall be subject to a fine of up to Five Hundred Dollars
($500.00) for each violation;
(2) The Carmel City Court shall be jfethe court of
jurisdiction for determining all violations cited
pursuant to this ordinance.
ALL OF WHICH IS ENACTED by the Common Council of the City of
Carmel, Indiana, this 18th day of September 1989.
C
usan W. Jones, C J k- Treasurer
APPROVED:
Lee Lonzo, l esident
Carmel City Council