ORDINANCE 11-09-25
AN ORDINANCE REGULATING OPEN BURNING OF LEAVES AND
TRASH WITHIN THE LIMITS OF THE TOWN OF SILVER LAKE,
KOSCIUSKO COUNTY, INDIANA

WHEREAS, the members of the Silver Lake Town Council find it necessary to enact a policy for burning leaves and other materials within town limits; AND

WHEREAS, enforceable compliance with the Indiana Department of Environmental Management, State of lndiana, and the Town of Silver Lake requires regulations for the safety and health of citizens and property.

NOW, THEREFORE, BE IT ORDAINED as follows:

SECTION 1: BURNING TYPES DEFINED
• “Open Burning” is the burning of any materials where the products of combustion are emitted directly into the air without passing through a stack or chimney.
• “Recreational Burning” is a small fire such as a campfire, fire pit, or outdoor fireplace used for cooking, warmth, or ceremonial purposes.
• “Bonfire” is a large fire under controlled conditions.
• “Yard Waste Burning” is the burning of grass clippings, leaves, twigs, branches, or other plant materials to make an ash composite to rid of such material.
• “Household Refuse Burning” is the burning of household trash or unwanted items that is not of natural material without chemical components.
• “Controlled, Emergency, or Open Burning” is an open burning of material under the explicit control of the Fire Department and with a permit issued by the Indiana Department of Environmental Management (IDEM).

SECTION 2: GENERAL PROVISIONS
A. Open burning is strictly prohibited within town limits by town residents. The fire department may perform and have authorization to burn for emergency purposes, such as disease control or fire training, under IDEM-approved conditions.
B. Household refuse burning is strictly prohibited. No one shall cause or allow the open burning of household trash, garbage, construction materials, demolition debris, rubber, plastics, tires, asphalt, or petroleum-based materials, treated or painted wood, or any hazardous or toxic materials.
C. Recreational burning must be contained in a fire pit, outdoor fireplace, or similar device. The fire shall not exceed three (3) feet in diameter and two (2) feet in height. Recreation fires must be at least fifteen (15) feet from any structure or combustible material. Clean wood products or charcoal are allowed, and the fire must be constantly monitored.
D. Bonfires are strictly prohibited.
E. Yard waste burning is prohibited on any blacktopped street or alleyway, tree lawns, and town-owned property, including but not limited to parks, water plant, sewer lift stations, or sewer vacuum house property. Yard waste may be burned on private property in a metal drum with a mesh or other covering to limit or prevent fire embers from escaping into the air, causing damage to persons or property.

SECTION 3: PROHIBITED CONDITIONS
No open burning shall occur during the following conditions:
• During air quality alerts, wind advisories, or drought conditions
• When wind exceeds fifteen (15) miles per hour
• When visibility on nearby roadways may be impaired by smoke
• When neighboring properties may be impacted by fumes or ash.

SECTION 4: COMPLAINTS
In cases of complaints due to the health, safety, and well-being of a neighboring property or the community at large, the Silver Lake Town Marshal, or a designee under their authority, may order the fire to be extinguished.

SECTION 5: ENFORCEMENT AND PENALTIES
The Town Marshal or their designee shall enforce the provisions of this ordinance. Any property owner, firm, or corporation found in violation will be fined no less than two hundred and fifty ($250.00) dollars for the first offense and no more than five hundred ($500.00) dollars for each subsequent offense. Each day is considered a separate occurrence. Refusal to extinguish a fire once ordered will result in the dispatch of the Silver Lake Fire Department personnel and fire apparatus to extinguish the fire at the property owner’s expense. A referral will be filed with the Indiana Department of Environmental Management against the owner. Each occurrence constitutes a separate offense.

SECTION 6: PROCESS OF APPEAL
Any person cited under this ordinance may appeal in writing to the Silver Lake Town Council within ten (10) days of the citation. Written submissions must be turned in to the Silver Lake Clerk-Treasurer’s office, and the Clerk-Treasurer shall add the individual to the agenda of the next regularly scheduled meeting to be heard. The council will make a final determination regarding the full fine amount, a lesser fee, or the waiving of the citation.
Unpaid violation fee amounts will result in the Silver Lake Town Council filing a claim in the Kosciusko County Court for the citation amount, plus court costs and attorney fees.

SECTION 7: VALIDITY
Suppose any section, clause, or provision of this ordinance is found to be invalid or unconstitutional in a court of competent jurisdiction. In that case, such a finding shall not affect the validity of the remaining provisions.

Passed and adopted this 10th day of December, 2025 and shalI take affect thirty (30) days after its publication.
Medard Murfin, Council President
Nichole Taylor, Council Member
Gloria Weller, Council Member
ATTEST: Tonya Conley, Clerk-Treasurer