(A)   Open fire burning. No person shall burn materials in an “open fire,” that is, a fire burning outside the confines of a structure or container, or in a firebox which is designed to control and contain a fire, if the products of combustion create a visual or odor nuisance in the air space of other property users. Except as provided in this section and Minnesota Statutes, no burning shall be conducted which violates Minnesota’s Clean Air Act (M.S. §§ 144.411 to 144.417, as they may be amended from time to time). Violation of either or both standards shall be punished as provided in § 1.999.
   (B)   Permitted fires.
      (1)   A fire contained in a grill or barbecue designed for the preparation of food shall be a permitted fire under this division.
      (2)   (a)   The Fire Department is authorized to permit “recreation fires,” provided the resident first provides notice to the Fire Department of its intent to have a recreation fire and there is no violation of the city’s air quality standards. A “recreation fire” means a fire set for cooking, warming or ceremonial purposes, which is not more than three feet in diameter, the surrounding ground is clear of readily combustible materials for a distance of five feet from the base of the fire, there is a readily available and operable fire extinguishing device, and there is a responsible adult in continuous supervision at the fire. Violation of these “permission” requirements shall be punished as provided in § 1.999. The Fire Department is authorized to impose additional regulations to ensure the health and welfare of our citizens and for the protection of property.
         (b)   The Fire Department is authorized to permit a “festival bonfire,” if requested by a state recognized agency or institution, such as an annual high school homecoming football celebration. Special conditions for the bonfire may be imposed, such as the presence of Fire Department personnel and equipment, approving the location of the bonfire, and the presence of adult supervisors.
         (c)   The Fire Department is authorized to permit an open burn of timber and/or untreated lumber or debris when necessary to avoid or abate a public hazard and there is no practical alternative to dispose of the materials, under the circumstances existent at that time. City Council concurrence of justifying circumstances is a condition precedent to the Fire Department’s permit issuance.
      (3)   Fees for recreation fires, festival bonfires, and open burn permits shall be in accordance with the fee schedule adopted by the city by resolution and on file in the office of the City Clerk.
   (C)   Fire Department training. The Fire Department is authorized to conduct live fire training exercises which are conducted in accordance with Minnesota Statutes and rules of the Department of Natural Resources and Minnesota Pollution Control Agency. Such exercises shall not constitute a violation of this section.
(Ord. 1283, passed 4-25-94; Am. Ord. 1489, passed 7-11-05) Penalty, see § 8.401(C)