City Council approves open burn on Warana Drive

A Warana Street resident was granted permission to conduct a week-long open burn during this week’s Plymouth Board of Public Works and Safety meeting.

On June 24th Jessica Simpkins appeared before the board with the request to burn several large trees that had been taken down by the previous property owner.  She also stated that some trees fell in the recent storms.   

Simpkins owns two large parcels of land at 1132 Warana Drive totaling 10½ acres.  She told the board the reason for the request was to clean up the property.

The City of Plymouth has an ordinance that prohibits open burning with a few exceptions, in fireplaces, for cooking, celebrating 12th Night Ceremonies, for a school pep rally, scouting event, and recreational campfires.  There is an option for a person to seek a variance from the Council to allow an open burn.

During the June meeting the board tabled action asking Fire Chief Steve Holm to tour the location and give a report back to the Board of Public Works and Safety on July 8th. 

This week the fire chief said he surveyed the whole area and from a fire safety standpoint he would have no problem with a burn on the property.  He said a lot of the area is skimmed off down to the dirt and the trees nearby are very green so he wouldn’t anticipate any fire spreading.  The fire chief’s only concern was smoke in the neighborhood.  He said if there were complaints they would have to put the fire out.  Holm said that the winds are typically out of the west so the smoke should go out over the farm field next door. 

Mayor Listenberger and City Councilman Don Ecker both drove out and looked at the location before deciding.  Ecker motioned to approve the request and the city council unanimously approved the open burn permit request. 

Ms. Simpkins said they will start burning on Sunday, July 15th, and work on it all week.  She must always watch the fire and will contact the Marshall County Dispatch Center to notify them of the burn.    

   BURNING BAN

97.40 BURNINGS GENERALLY PROHIBITED.

No person shall start, kindle, cause, allow or maintain any form of leaf burning, wood burning, or rubbish or trash burning of any kind on private or public property, except as specifically authorized by this subchapter.

(1994 Code, § 97.25) (Ord. 1484, passed 11-27-1989; Am. Ord. 2003-1841, passed 10-13-2003)

97.41 EXCEPTIONS.

The following types of fires are permitted.

(A) The customary burning of logs and other wood products in a residential fireplace.

(B) The burning of charcoal and other food cooking fuels customarily used in an outdoor grill and traditional food cooking devices.

(C) Fires celebrating Twelfth Night Ceremonies.

(D) Fires celebrating school pep rallies.

(E) Fire celebrating scouting activities.

(F) Fires used for recreational and cooking purposes, i.e., campfires.

(G) Industrial and commercial burnings through methods specifically and previously approved by the Indiana Department of Environmental Management, or other appropriate state, local, and/or federal regulatory agency.

(H) Any other type fire whereby a citizen of the city has obtained a variance from the provisions of this subchapter by petitioning the Common Council; provided, however, that the Common Council cannot grant a variance for burning that would otherwise violate the provisions of 326 I.A.C. 4-1 et seq. and as amended.

(1994 Code, § 97.26) (Ord. 1484, passed 11-27-1989; Am. Ord. 2003-1841, passed 10-13-2003)

97.99 PENALTY.

(A) Whoever shall violate any provision of this chapter for which no specific penalty is provided shall be punished as set forth in § 10.99.

(B) Any person found in violation of §§ 97.40 et seq. shall be subject to the following procedures:

(1) Issue a warning notice to a first-time violator stating that he is in violation. The person must then correct the violation by immediately extinguishing the fire. Failure or refusal to immediately extinguish the fire shall result in a citation then being issued;

(2) Issuance of a citation to the violator shall result in the imposition of a $50 fine as administered by the Ordinance Violation Bureau pursuant to § 33.113;

(3) Failure or refusal by the violator to immediately extinguish the fire in violation of this subchapter shall also result in the Fire Department having the authority to go upon private property to extinguish the fire. Furthermore, in such instance where a leaf or rubbish burning fire results in damage to property other than the violator’s property (including damage to public property, such as, asphalt), or results in injury to another person, or the imminent threat of damage to another’s property, and the fire is determined to be caused by negligence or the wilful disregard or violation of this subchapter, a fine equal to the cost expended by the city to send fire suppression personnel and equipment to the location shall be assessed with said fine not to exceed $2,500;

(4) Each subsequent starting, kindling, causing, or allowing of a new fire after a warning notice or violation has been issued shall be considered a separate offense.

(1994 Code, § 97.27) (Ord. 1484, passed 11-27-1989; Am. Ord. 2003-1841, passed 10-13-2003)