Burning Ordinance (partial-see Code of Ordinance tab for full ordinance)
105.05OPEN BURNING RESTRICTED. No person shall allow, cause or permit open burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack, except that open burning is permitted in the following circumstances:
(IAC, 567-23.2[455B] and 567-100.2)
1.Disaster Rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists.
(IAC, 567-23.2[3a])
2.Trees and Tree Trimmings. (Repealed by Ordinance No. 28-2004 – Oct. 04 Supp.)
3.Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the State Department of Natural Resources.
(IAC, 567-23.2[3c])
4.Landscape Waste or Yard Waste.
A.Definitions. “Landscape waste” means any vegetable or plant waste except garbage. The term includes, but is not limited to, trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings. “Yard waste” shall have the same meaning as landscape waste.
B.Prohibition on Open Burning. The disposal by open burning of landscape waste or yard waste originating on any premises or property in the City is hereby prohibited.
C.Exceptions.
(1)The prohibition imposed by this subsection shall not apply to activities conducted in accordance with Subsections 1,3, 5—10 of this section.
(2)Additionally, the Council may, by resolution, authorize open burning of landscape or yard waste, which resolution shall be restricted in such manner to time, places, and duration as the Council may deem appropriate and as are set forth in such resolutions.
(Ord. 28-2004 – Oct. 04 Supp.)
5.Recreational Fires. Open fires for cooking, heating, recreation and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the State Department of Natural Resources.
(IAC, 567-23.2[3e])
6.Training Fires. Fires set for the purpose of bona fide training of public or industrial employees in fire fighting methods, provided that the training fires are conducted in compliance with rules established by the State Department of Natural Resources.
(IAC, 567-23.2[3g])
7.Pesticide Containers and Seed Corn Bags. Paper or plastic pesticide containers and seed corn bags resulting from farming activities occurring on the premises if burned in accordance with rules established by the State Department of Natural Resources.
(IAC, 567-23.2[3h])
8.Agricultural Structures. The open burning of agricultural structures if in accordance with rules and limitations established by the State Department of Natural Resources.
(IAC, 567-23.2[3i])
9.Variance. Any person wishing to conduct open burning of materials not permitted herein may make application for a variance to the Director.
10.Private Personal Papers and Correspondence. Private personal papers and correspondence which are exempted from open burning regulations promulgated by Federal or State statute or regulation may be burned in the open, provided such burning is done in compliance with this subsection. Only the occupants of a residence in a building or structure having no more than four separate residences may burn authorized items in accordance with the following regulations:
A.Burning. Burning must be done on one designated area of the property on which the residence is located and which burn area shall be as far from any buildings or structures on the property as is possible without being nearer to any buildings or structures on any adjacent property, provided the area is at least 20 feet from any buildings or structures located on the property, and said area shall be at least 30 feet from any street and at least 4 feet from any alley. No other residential waste, garbage, refuse or combustible material not specifically authorized in this subsection may be burned. Items herein authorized can be burned only in a wire mesh container which is staked into the ground. The wire mesh must be no larger than 1" x 2" squares and must be constructed of welded wire. Alternatively, an existing outdoor fireplace approved by the Mayor or Police Chief may be used if a dated and signed authorization from either such official is obtained by the resident. No solid barrels of any kind may be used for burning any item in them. Burning must be supervised by an adult household member who is outside on the premises during the time burning occurs. Burning may be conducted only between the hours of 6:00 a.m. and noon, except that no burning may be done on Sundays. Only items belonging to a resident of the household qualifying under this subsection may be burned.
B.Special Powers. The Mayor, Police Chief or Fire Chief may for good cause issue an order prohibiting burning pursuant to this subsection for a period of time not lasting longer than the next regularly scheduled Council meeting. The Council may, by resolution, prohibit burning pursuant to this subsection for any specified time period or for any indefinite period, and if for an indefinite period, burning shall not be authorized under this subsection until the Council, by resolution, authorizes burning pursuant to this subsection. An order issued by the Mayor, Police Chief or Fire Chief shall be posted in three public places located at City Hall, Post Office and Wayland State Bank, and further, distribution of flyers containing the order shall be distributed to the public by City personnel or other persons designated to make distribution in a manner calculated to reasonably notify the public of the order. This does not mean that every person in the City must receive notice by way of flyer. A resolution passed by the Council suspending authorization for burning under this subsection shall be posted and published in accordance with the requirements of posting and publication of ordinances.