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Ordinance 2020-03-03: Montezuma

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ORDINANCE 2020-03-03

Town of Montezuma, Indiana

REGULATING OPEN BURNING IN THE TOWN OF MONTEZUMA

WHEREAS,  the  Montezuma  Town  Council  desires to  conform  the  Town  of Montezuma’s open burning laws with those of the State of Indiana.

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

  1. Section 8-2-2 of the Montezuma Municipal Code (MMC) is hereby repealed.
  2. A new chapter of the MMC titled “Open Burning” is added as follows:

MMC 8-2.5-1 DEFINITION

Sec. 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

MMC 8-2.5-2 PROHIBITING OPEN BURNING

Sec. 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 material that constitutes or contributes to open burning.

MMC 8-2.5-3 EXEMPTIONS FOR OPEN BURNING

Sec. 3: The following types of burning are allowed:

  1. The burning of charcoal, clean untreated wood, and other cooking fuels customarily used for an outdoor grill, traditional food cooking devices, or campfires.
  2. Fires used for recreational or ceremonial purposes such as school pep rallies or scout activities. Recreational or ceremonial fires must meet the following conditions:
  3. Only clean untreated wood or charcoal shall be used. Paper or petroleum products can be used for ignition purposes only.
  4. 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.
  5. The pile to be burned shall be less than 1000 cubic feet (for example: 10ft. x 10ft. X 10ft.).
  6. 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: 5ft. x 5ft. x 5ft.).
  7. The fire shall not be for disposal purposes.
  8. The fire shall not be within 500 feet of a pipeline or fuel storage area.

MMC 8-2.5-4 VARIANCES

Sec. 4:  Other types of fires may be approved by petitioning the Town Council for approval. However, the Town Council cannot grant a variance for burning that would otherwise violate the provisions of the 326 Indiana Administrative Code 4-1 et seq. or IC 13-17-9.

MCC 8-2.5-5 CONDITIONS APPLIED TO EXEMPTIONS AND VARIANCES

Sec. 5: The following conditions 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 they create a fire hazard, nuisance, pollution problem, or threat to public health.
  4. Firefighting 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.

MMC 8-2.5-6 PENALTIES FOR VIOLATIONS

Sec. 6: A person violating this Chapter shall, upon conviction, be fined in an amount not less than $25.00 but not to exceed $250.00.

  1. This Ordinance shall be in full force and effect upon its adoption and publication as required by law.

Passed on first reading the 5th day of March, 2020. Adopted on 2nd reading this 19th day of March, 2020.

John Norris

Town Council President

Diana Barlow

Shauna M. Atkinson

Robert Allen

Attest:

Cathy L. Morgan

Clerk-Treasurer

Posted in Public Notices

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