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Firepit & Open Burning Rules

July 5, 2023 by in Town Ordinances

Section 3.1 in the Michiana Shores Municipal code covers rules and exemptions for open fires within our town. You can find all the town ordinances and the full code here. Excerpts related to open burning are listed below.

Section 3-1-6-1. Definitions

  • Clean wood Products – means dry wood products that are not coated with stain, paint, glue, or other coating material.
  • Open burning – 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.

Section 3-1-6-2. Open Burning Prohibited

It shall be unlawful for any person to burn, kindle, or incinerate any type of garbage, refuse, waste, yard waste or other like materials.

Section 3-1-6-3. Exemptions –

A. Recreational or ceremonial fires, such as camp fires, subject to the following conditions:

  • Only clean wood products:
  • Burning shall not be conducted for the purpose of disposal.
  • A person who Open Burns shall extinguish the fire if the fire creates a nuisance or fire hazard.
  • Burning may not be conducted during unfavorable meteorological conditions such as: high winds, temperature inversions, air stagnation or when a pollution alert or ozone action day has been declared.
  • All fires must be attended at all times during burning until completely extinguished.
  • All burning shall comply with other federal, state, and local laws, rules, and ordinances.
  • Adequate firefighting equipment shall be on-site for extinguishing purposes during burning times.

B. Burning, for the purpose of heating, using Clean Wood Products in a noncombustible container that is sufficiently vented to induce adequate primary combustion, and has enclosed sides and a bottom. Burning shall not be conducted for the purpose of disposal.

Section 3-1-6-4. Enforcement

This section shall be enforced by the Police Department or the Chief of the Fire Department.

Section 3-1-6-5. Penalty and Fines

Any person violating this section shall pay a fine of fifty dollars ($50.00) for each violation. Each day a violation exists or continues shall constitute a separate offense

Section 3-1-6-6. Service fee

Violators shall pay the Fire Department a service fee of $50.00 for responding to or for extinguishing any illegal open burning.