(A) Definitions: For the purposes of this section, words shall have the following meanings:
DEBRIS: Includes construction debris associated with the initial construction or remodel of a building, lawn clippings, tree trimmings, cardboard boxes, animal remains, tires and plastic.
PERMIT: A temporary license issued by the City of Menan specifying the date, time and place of the burn.
NUISANCE: Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, or any navigable lake, or river, stream, canal or basin, or any public park, square, street, or highway is a public nuisance.
(B) Prohibited Conduct: The burning of debris is prohibited within the confines of the City of Menan without a permit.
(C) Permit Application: Application shall be made on a form provided by the City of Menan. There shall be no fee required, but the applicant must submit the request seventy-two (72) hours prior to the burn.
(D) Right to Decline: The City retains the right to decline the permit based upon weather conditions and whether the smoke would constitute a nuisance.
(E) Exceptions: This section shall not apply to barbecues, Dutch oven cooking, or bon fires confined within a three-foot pit or other structure having a diameter of three feet (3') or less. Unforeseen fires shall be exempted from this provision.
(F) Penalty: A fist offense shall be punishable by a fine up to and including fifty dollars ($50.00). A second or subsequent offense is punishable by a fine up to five hundred dollars ($500.00) and six (6) months in jail.