A. Open Burning Prohibited: Except as herein otherwise provided, open burning is prohibited within the City.
B. Exemptions: Open burning of the types, and subject to the conditions, as hereinafter stated, shall be exempt from the prohibition of subsection A of this Section:
1. Open burning for outdoor food preparation:
a. Grilling is permitted at single-family dwellings, two-family dwellings, and multi-family dwellings where all dwelling units have ground level living areas.
b. Barbecues for the purpose of cooking food may be permitted at multi-family dwellings if they are electric or gas fired barbecue grill, permanently mounted and wired, or plumbed to the building’s gas supply or electrical system. No multi-family dwelling owner, resident, or other person shall set, kindle, maintain, or permit any fire or open flame on or under any balcony or under any overhead wooden or combustible building projections of a multi-family dwelling except as permitted by this subsection. No barbecue, torch, or similar heating, cooking, burning, or lighting equipment or device may be affixed to a deck or railing within five feet (5') of a multi-family dwelling or apartment with wood or combustible siding, even though there is no wooden deck or wooden projection above the open flame. The ignition device of the barbecue must be an electric starter. The use of any igniting fluids, pastes, or bricks is prohibited. The provisions of this subsection apply to multi-family dwellings where one (1) or more dwelling units do not have ground level living areas.
2. Recreational fires. Recreational fires are permitted on residential property as provided below:
a. All recreational fires must be operated in compliance with the requirements of this subsection. Recreational fires must be located at least fifteen feet (15') away from any combustible structure and at least ten feet (10') from any property line, unless a different location is approved by the Fire Chief. Fires must be contained in a fire pit or enclosure that is constructed from brick, masonry, metal, or other noncombustible material. Fires must be no more than three feet (3') in diameter. Flame height must not exceed three feet (3'). No trash, leaves, stumps, treated, painted, varnished, or otherwise coated lumber may be burned. An adult must be in attendance and a charged water hose or fire extinguisher must be readily available at all times. Recreational fires are not permitted when area winds exceed fifteen (15) miles per hour or when the Fire Chief has issued a no fire order. Fires must be extinguished to the point of cold before being left unattended.
b. The Fire Chief may order any recreational fire to be immediately extinguished if the fire poses a nuisance to surrounding residences. A nuisance is deemed to exist if the fire generates flying embers that pose a hazard to property or generates smoke or odors that unreasonably interfere with the use or enjoyment of neighboring properties.
c. Fires under managed supervision, for which a burning permit has been obtained from the City Fire Chief and, where required by State law, from the Pollution Control Agency, but limited to, the following:
(1) Fires purposely set for the instruction and training of public and industrial firefighting personnel.
(2) Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means.
(3) Fires purposely set for forest and game management purposes.
(4) The burning of trees, brush, grass and other vegetation in the clearing of land, the maintenance of street, road and highway rights of way, and in accepted agricultural land management practices.
3. Exemption to conduct fires under this subsection B 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 regulation.