Chapter 8.12
OPEN BURNING
Sections:
8.12.010 Title.
This chapter may be cited as the county open burning chapter.
(Prior code § 95.01)
8.12.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“County” means all unincorporated areas of the county.
“Open burning” or “open fire” means the burning of any debris, refuse, vegetation or material if the burning is not contained within a furnace or incinerator which is a permanent part of a building or structure.
“Person” means any individual, firm, partnership, corporation, association, society or any other entity deemed a person by state law.
(Prior code § 95.02)
8.12.030 Restrictions.
A. The board of commissioners may, upon determining that conditions of safety require and after giving all notice required by state law, and upon posting notice in the public area of the Evansville-Vanderburgh Civic Center, act to protect the public welfare and safety by proclaiming an “open burning emergency.”
B. In declaring such open burning emergency, the commission shall, in its discretion, limit or totally ban open burning in the county for the period established in the declaration. The declaration of emergency will contain an expiration date.
C. In making its determination as to whether or not to declare the existence of an “open burning emergency,” the board of commissioners shall take into account, but shall not be bound by, the recommendations, if available, of the Indiana Department of Natural Resources, Division of Forestry, and weather station data and current conditions data provided by that agency, as well as any weather data and current conditions data provided by any agency of the U.S. Government. Such open burning emergency shall be fashioned by the commission, in its discretion, in such a manner as to take into account the public welfare and safety of the citizens of the county, as well as the need for open burning to be conducted by various persons, firms and organizations within the county.
D. The restrictions imposed by the emergency may be limited to specific portions of the county or may be limited to particular hours of the day.
E. During the period of the open burning emergency, no person shall set, start or attempt to set or allow to continue an open fire within the county unless he or she has first obtained and has in his or her possession a written permit from the commanding officer of the fire department having primary jurisdiction over the area where the open fire is to be conducted. The permit may be issued by the chief of that fire department or by his or her authorized representative. Such a permit shall be subject to revocation by the board of commissioners without prior notice, but written notice of such revocation shall be delivered to the holder forthwith. An applicant for such a permit, if the permit is denied, shall have the right to appeal to the board of commissioners of the county.
F. No person shall permit an open fire to burn in any portion of the county during an open fire emergency unless a human being over eighteen (18) years of age is present to monitor the fire and has a permit.
(Prior code § 95.03)
8.12.040 Violation--Penalty.
Any person who violates any provisions of this chapter or of any emergency declared pursuant to this chapter shall be deemed guilty of a violation and, upon conviction, shall be fined not more than five hundred dollars ($500.00). Each day a violation of this chapter, or an emergency declared pursuant to it, continues constitutes a separate offense.
(Prior code § 95.99)