CLAYPOOL ORDINANCE 2017-11-20
December 8, 2017 at 3:52 p.m.
By -
Town of Claypool, Indiana
OPEN BURNING REGULATION ORDINANCE
AN ORDINANCE CONTROLLING OPEN BURNING WITHIN THE TOWN OF CLAYPOOL AND PROVIDING PENALTIES FOR VIOLATIONS OF SUCH ORDINANCE
WHEREAS, the Town Council is the legislative governing body of the Town of Claypool in the State of Indiana; and,
WHEREAS, in accordance with I.C. 36-1-3-6, a municipality may adopt an ordinance prescribing a specific manner for exercising a power; and,
WHEREAS, the State of Indiana has adopted specific standards contained in 326 IAC 4-1-1 et. seq. which apply everywhere throughout the State of Indiana; and,
WHEREAS, open burning can be a dangerous activity with health a public safety concerns; and,
WHEREAS, the burning of waste, including leaves and trash generates smoke by which, in its nature, contains pollutants and contaminants to the environment that are harmful to the health of the citizenry of the Town of Claypool; and,
WHEREAS, the health and safety factors far outweigh the traditional tolerance of burning as a means of trash disposal; and,
WHEREAS, it has been determined that it is in the best interest of public safety that the Town of Claypool adopt some provisions regulating open burning within the Town of Claypool; and,
WHEREAS, it is the duty of the Town Council for the Town of Claypool, Indiana to provide for the public safety of all citizens and visitors of the Town;
NOW THEREFORE BE IT ORDAINED, that the Town Council for the Town of Claypool adopt the following language in regulating open burning within the Town of Claypool;
All outdoor burning of any material is hereby banned and declared unlawful within the municipal corporate limits of the Town of Claypool, Indiana except as provided in Section Two (2) below which is consistent with, but not inclusive of, the exceptions under 326 lAC 4-1-3.
SECTION 1- GENERAL REQUIREMENT: All burning shall be subject to the following:
1. All burning must comply with other state and federal laws including, but not limited to, 40 CFR 61 Subpart M (National Emissions Standards for Asbestos) and this Municipal Code.
2. Except as specifically provided in this section, only clean wood products shall be burned unless
otherwise stated, however, no rootballs or stumps shall be burned.
3. No waste that is generated as a result of a routine business operation shall be burned.
4. No asbestos containing material shall be burned
5. No poison ivy, poison oak, poison sumac or similar allergenic material shall be burned.
6. No material contaminated or treated with preservatives, paint, coatings and pesticides shall be burned.
7. The fire shall be extinguished if the fire creates a pollution problem, a threat to public health, a nuisance or a fire hazard.
8. All fires must be attended at all times during burning until completely extinguished
9. Adequate firefighting equipment shall be on-site for extinguishing purposes during burning times.
10. No burning shall be conducted during unfavorable meteorological conditions, including, but not limited to, temperature inversions, high winds, air stagnations, and Ozone Alert, a Particulate Alert, a Burn Ban, and air pollution episodes as defined in 326 lAC 1-5, or extremely dry conditions.
a. During a Burn Ban, only fires in indoor heating units, outdoor cooking grills, patio fireplaces, patio fire pits or chimineras are permitted.
b. Curing Ozone Alerts, Particulate Alerts or air pollution episodes, only fires using kerosene, white gas, propane, Sterno or natural gas as fuels are permitted.
SECTION 2 - ACTIVITIES ALLOWED WITHIN THE CITY LIMITS - the following types of burning are allowed;
1. Customary burning of logs and other wood products in residential fireplaces;
2. Burning of charcoal and other food cooking fuels customarily used in outdoor grills or traditional food cooking devices;
3. Recreational or Ceremonial Fires, such as:
a. Ceremonial fires for activities such as flag retirement, Twelfth Night ceremonies, school pep rallies, and scouting activities.
b. Fires on the ground used solely for recreational or cooking purposes.
c. Burning conducted for recreational or ceremonial purposes shall be subject to the conditions of the Section and the following conditions:
i. The fire shall be no larger than three feet (3') diameter and two feet (2') high in size.
ii. The fire shall not be ignited prior to two (2) hours before the recreational activity is to take place and shall be extinguished upon conclusion of the activity.
iii. The fire shall not be used for disposal purposes.
iv. The fire shall not take place within five hundred (500) feet of any fuel storage area or pipeline.
v. Only one (1) fire shall be allowed to burn at a time.
vi. The fire shall not be within 50 feet of a structure owned by another party.
vii. The fire shall not be on property owned by another party, including public owned streets, roadways or alleyways.
viii. The fire shall not be within 50 feet of a power line.
SECTION 4 - ENFORCEMENT AND PENALTIES
1. Any person found to be in violation of this Ordinance shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) plus costs for each separate violation.
2. Any person found in violation of this Ordinance who rekindles a prohibited fire extinguished by the Town of Claypool shall be punished by a fine of not less than Five Hundred Dollars ($500.00) plus costs for each such violation.
3. The Town of Claypool may extinguish any fire that is in violation of this Ordinance and charge the party responsible Two Hundred Fifty Dollars ($250.00) for each such extinguishment.
4. Ordinance violations shall be enforced under proceedings brought pursuant to Indiana Code Sections 34-4-32-1 et. Seq. in a manner similar to that of infractions with complaint and summons described in Indiana Code Section 9-30-3-6 issued by the Claypool Police Department, or other police agency.
SECTION 5 - INTERPRETATION AND SEVERABILITY
1. The provisions of this Ordinance shall be interpreted so as to be valid and enforceable and consistent with, but more restrictive than, 326 lAC 4-1-1 et seq.
2. The provisions of this Ordinance are hereby declared to be severable. If any provision contained in the Ordinance shall be declared to be invalid or void for any reason by a court of competent jurisdiction, such declarations shall not affect the remaining portions of this Ordinance which shall remain in full force and effect.
SECTION 6 - EFFECTIVE DATE
This Ordinance shall become effective after passage by the Town of Claypool Council and immediately following publication of this Ordinance as required by law.
ADOPTED by the Town Council for the Town of Claypool, Indiana on this 20th day of November, 2017.
TOWN COUNCIL FOR THE TOWN OF CLAYPOOL
Patricia Warner - Clerk Treasurer
Niki Miller
Larry Neher
12-12 hspaxlp
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Town of Claypool, Indiana
OPEN BURNING REGULATION ORDINANCE
AN ORDINANCE CONTROLLING OPEN BURNING WITHIN THE TOWN OF CLAYPOOL AND PROVIDING PENALTIES FOR VIOLATIONS OF SUCH ORDINANCE
WHEREAS, the Town Council is the legislative governing body of the Town of Claypool in the State of Indiana; and,
WHEREAS, in accordance with I.C. 36-1-3-6, a municipality may adopt an ordinance prescribing a specific manner for exercising a power; and,
WHEREAS, the State of Indiana has adopted specific standards contained in 326 IAC 4-1-1 et. seq. which apply everywhere throughout the State of Indiana; and,
WHEREAS, open burning can be a dangerous activity with health a public safety concerns; and,
WHEREAS, the burning of waste, including leaves and trash generates smoke by which, in its nature, contains pollutants and contaminants to the environment that are harmful to the health of the citizenry of the Town of Claypool; and,
WHEREAS, the health and safety factors far outweigh the traditional tolerance of burning as a means of trash disposal; and,
WHEREAS, it has been determined that it is in the best interest of public safety that the Town of Claypool adopt some provisions regulating open burning within the Town of Claypool; and,
WHEREAS, it is the duty of the Town Council for the Town of Claypool, Indiana to provide for the public safety of all citizens and visitors of the Town;
NOW THEREFORE BE IT ORDAINED, that the Town Council for the Town of Claypool adopt the following language in regulating open burning within the Town of Claypool;
All outdoor burning of any material is hereby banned and declared unlawful within the municipal corporate limits of the Town of Claypool, Indiana except as provided in Section Two (2) below which is consistent with, but not inclusive of, the exceptions under 326 lAC 4-1-3.
SECTION 1- GENERAL REQUIREMENT: All burning shall be subject to the following:
1. All burning must comply with other state and federal laws including, but not limited to, 40 CFR 61 Subpart M (National Emissions Standards for Asbestos) and this Municipal Code.
2. Except as specifically provided in this section, only clean wood products shall be burned unless
otherwise stated, however, no rootballs or stumps shall be burned.
3. No waste that is generated as a result of a routine business operation shall be burned.
4. No asbestos containing material shall be burned
5. No poison ivy, poison oak, poison sumac or similar allergenic material shall be burned.
6. No material contaminated or treated with preservatives, paint, coatings and pesticides shall be burned.
7. The fire shall be extinguished if the fire creates a pollution problem, a threat to public health, a nuisance or a fire hazard.
8. All fires must be attended at all times during burning until completely extinguished
9. Adequate firefighting equipment shall be on-site for extinguishing purposes during burning times.
10. No burning shall be conducted during unfavorable meteorological conditions, including, but not limited to, temperature inversions, high winds, air stagnations, and Ozone Alert, a Particulate Alert, a Burn Ban, and air pollution episodes as defined in 326 lAC 1-5, or extremely dry conditions.
a. During a Burn Ban, only fires in indoor heating units, outdoor cooking grills, patio fireplaces, patio fire pits or chimineras are permitted.
b. Curing Ozone Alerts, Particulate Alerts or air pollution episodes, only fires using kerosene, white gas, propane, Sterno or natural gas as fuels are permitted.
SECTION 2 - ACTIVITIES ALLOWED WITHIN THE CITY LIMITS - the following types of burning are allowed;
1. Customary burning of logs and other wood products in residential fireplaces;
2. Burning of charcoal and other food cooking fuels customarily used in outdoor grills or traditional food cooking devices;
3. Recreational or Ceremonial Fires, such as:
a. Ceremonial fires for activities such as flag retirement, Twelfth Night ceremonies, school pep rallies, and scouting activities.
b. Fires on the ground used solely for recreational or cooking purposes.
c. Burning conducted for recreational or ceremonial purposes shall be subject to the conditions of the Section and the following conditions:
i. The fire shall be no larger than three feet (3') diameter and two feet (2') high in size.
ii. The fire shall not be ignited prior to two (2) hours before the recreational activity is to take place and shall be extinguished upon conclusion of the activity.
iii. The fire shall not be used for disposal purposes.
iv. The fire shall not take place within five hundred (500) feet of any fuel storage area or pipeline.
v. Only one (1) fire shall be allowed to burn at a time.
vi. The fire shall not be within 50 feet of a structure owned by another party.
vii. The fire shall not be on property owned by another party, including public owned streets, roadways or alleyways.
viii. The fire shall not be within 50 feet of a power line.
SECTION 4 - ENFORCEMENT AND PENALTIES
1. Any person found to be in violation of this Ordinance shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) plus costs for each separate violation.
2. Any person found in violation of this Ordinance who rekindles a prohibited fire extinguished by the Town of Claypool shall be punished by a fine of not less than Five Hundred Dollars ($500.00) plus costs for each such violation.
3. The Town of Claypool may extinguish any fire that is in violation of this Ordinance and charge the party responsible Two Hundred Fifty Dollars ($250.00) for each such extinguishment.
4. Ordinance violations shall be enforced under proceedings brought pursuant to Indiana Code Sections 34-4-32-1 et. Seq. in a manner similar to that of infractions with complaint and summons described in Indiana Code Section 9-30-3-6 issued by the Claypool Police Department, or other police agency.
SECTION 5 - INTERPRETATION AND SEVERABILITY
1. The provisions of this Ordinance shall be interpreted so as to be valid and enforceable and consistent with, but more restrictive than, 326 lAC 4-1-1 et seq.
2. The provisions of this Ordinance are hereby declared to be severable. If any provision contained in the Ordinance shall be declared to be invalid or void for any reason by a court of competent jurisdiction, such declarations shall not affect the remaining portions of this Ordinance which shall remain in full force and effect.
SECTION 6 - EFFECTIVE DATE
This Ordinance shall become effective after passage by the Town of Claypool Council and immediately following publication of this Ordinance as required by law.
ADOPTED by the Town Council for the Town of Claypool, Indiana on this 20th day of November, 2017.
TOWN COUNCIL FOR THE TOWN OF CLAYPOOL
Patricia Warner - Clerk Treasurer
Niki Miller
Larry Neher
12-12 hspaxlp
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