Residents of single- or double-family dwellings may burn only dried limbs, twigs and branches (not leaves) that originate on their own or contiguous property, between 10:00 a.m. and 3:00 p.m., in a vented noncombustible container with a 1/4-inch mesh cover located more than 15 feet from any structure, under Marion County Revised Code Sec. 511-703(6).
Sec. 511-703(6) of the Indianapolis/Marion County Revised Code governs residential disposal burning. It restricts what may be burned to dried limbs, twigs and branches (leaves are expressly excluded) originating on the resident's or a contiguous premises. The fire is limited to the hours of 10:00 a.m. to 3:00 p.m., must be located more than 15 feet from any structure, and must be contained in a noncombustible container that is sufficiently vented, has enclosed sides and a bottom, and a mesh covering with openings no greater than one-fourth inch. If the fire creates a health hazard it must be extinguished. The general Sec. 511-703 conditions also apply: the fire must be attended by a responsible person until completely extinguished and must not create a nuisance or fire hazard. The state recreational-burning exemption at 326 IAC 4-1-3 mirrors many of these conditions but the local ordinance is the controlling rule inside Marion County.
Violation of the open-burning provisions is an ordinance violation under Sec. 511-709: a $50 admit-liability civil penalty, escalating through administrative adjudication or civil enforcement to a fine not to exceed $2,500 for each violation, with each day of violation treated separately. The property owner of record is prima facie liable under Sec. 511-707(b).
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