(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BURNING PERMIT. A permit issued by the City Fire Warden (City Clerk/Treasurer) authorizing fires exempted from the general provisions hereof, and setting conditions therefore.
OPEN FIRE or OPEN BURNING. A fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed fire box, structure or vehicle, and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct, or chimney.
PERSON. As defined in M.S. § 116.06, Subd. 17.
RECREATIONAL FIRE. A fire set for cooking, warming, or ceremonial purposes, which is not more than 3 feet in diameter by 3 feet high, and has had the ground 5 feet from the base of the fire cleared of all combustible material.
STARTER FUEL. Dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles and alcohol are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution may be used to start an open fire.
WOOD. Dry, clean fuel only such as twigs, branches, limbs, “presto logs”, charcoal, cordwood or untreated dimensional lumber. WOOD does not include wood that is green, with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue or preservatives. Clean pallets may be used for recreational fires when cut into 3-foot lengths.
(B) Exceptions and exemptions. Open burning of the types, and subject to the conditions, as hereinafter stated, shall be exempt from the prohibition of § 50.12:
(1) (a) Recreational fire site - requirements. An area of no more than a 3-foot diameter circle (measured from the inside of the fire ring or border); completely surrounded by non-combustible and non-smoke or odor producing material, either of natural rock, cement, brick, tile or block of ferrous metal only and which area is depressed below ground, on the ground, or on a raised bed. Included are permanent outdoor wood burning fire places. Recreation fires sites shall not be located closer than 15 feet to any structure or wood fence and not less than 15 feet from any property line. Burners are not a recreational fire site as defined herein.
(b) Recreational fire burn - requirements. When a fire is used for recreational purposes, it must be ignited with an approved starter fluid using dry, clean wood; producing little detectable smoke, odor or soot beyond the property line; conducted with an adult (over the age of 18 years) tending the fire at all time; a garden hose hooked to the water supply shall be available; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burning bans, and air quality so that nuisance health or safety hazards will not be created. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smoker, and propane or natural gas devices, are not defined as a recreational fire.
(2) Fires under managed supervision for which a burning permit has been obtained from the City Fire Warden (City Clerk/Treasurer) and, where required by state law, from the Department of Natural Resources, but limited to the following:
(a) Fires purposely set for the instruction and training of public and industrial firefighting personnel;
(b) Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means;
(c) Fires purposely set for forest and game management purposes;
(d) The burning of trees, brush, grass and other vegetable matter in the clearing of land, the maintenance of street, road and highway right-of-way, and in accepted agricultural land management practices; and/or
(e) The burning of leaves is allowed by permit only as described in § 50.13.
(3) Exemption to conduct fire under this section does not excuse a person from the consequences, damages or injuries which may result therefrom nor does it exempt any person from regulations promulgated by the Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulations.
(C) Rules adopted by reference. M.S. §§ 88.02 through 88.22, §§ 88.75 and 88.76 and Minnesota Uniform Fire Code are hereby adopted by reference and made a part of this chapter as if fully set forth at this point.
(D) Area of enforcement. This chapter shall affect all properties located within the city limits.
(Ord. passed - - )