By MARGARET L. WILLIS

Opponents of controlled burns got their wish Tuesday in Dune Acres. The council voted unanimously in favor of an ordinance banning controlled or prescribed burns within the residential area of the town.

Bob Hartmann, who was a proponent of controlled burns to reduce built up fire fuel on the forest floor and to help control invasive plant species, said the proponents abided by the council’s request not to write letters or start a petition campaign, while opponents did not. His committee’s research and findings were roundly complimented by the council.

Council members acknowledged that a letter campaign against burning may have created an imbalance in perception of how the majority of residents were leaning but, nevertheless, said they felt the prohibition on burning was necessary.

“Maybe some education is needed,” said council president Louise Roberts, “but at this point we feel we need to do this.”

The ordinance says burning is an unacceptable practice which poses an immediate risk to neighboring property. The ban is to “safeguard the safety, health, comfort, living conditions and welfare,” of the residents of Dune Acres and to “protect their property against the risks imposed by prescribed or controlled burns.”

The ordinance is not preempted by State or Federal Permitting statues or regulations, as it is designed to impose a “stricter standard” of no prescribed burns. The ordinance does not include any Indiana Dunes National Lakeshore property or areas zoned Industrial.

Mary Ann Crayton pointed out that the hand picking of plants and application of pesticides are much more expensive than a properly administered controlled burn. If the council had not banned them, she said the Environmental Committee was on the verge of requesting a burn in the town parks to try to control invasive plants.

The ordinance, and another addressing mischief and theft of town property had been tabled in January and were both adopted unanimously Tuesday.

Both will take effect 30 days after legal publication.

The prohibition on burns, limited to the residentially zoned areas of town, carries a penalty of a $250 fine for the first offense; $500 for the second and $750 for the third and any subsequent violations.

The mischief and theft ordinance, prompted by the theft of temporary speed bumps and vandalism against speed limit signs, states it is unlawful for anyone to “recklessly, knowingly or intentionally,” vandalize, damage, deface or, without authorization to alter, property of the town.

Violators would be subject to fines of $500 per incident and in addition, be subject to criminal or civil prosecution.

Posted 2/22/2006