(A) No person shall cause, suffer, permit or allow an open fire or open burning as defined herein upon real property under his or her control without a permit secured from the City Fire Warden, who shall be the Chief of the City Fire Department, except as further set out herein or in accordance with M.S. §§ 88.16 through 88.195, as may be amended from time to time, which are hereby adopted by reference pursuant to M.S. § 471.62, as may be amended from time to time.
(B) OPEN FIRE or OPEN BURNING is defined as a fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed firebox, 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.
(C) Fires in an outdoor fireplace or fires used exclusively for cooking, warmth or a recreational purpose are not prohibited by this section. Outdoor fireplaces, barbecue appliances or fires may not however be used for the burning of litter, refuse, garbage, leaves or paper. The fires may not exceed a diameter of three feet and a height of two feet. All fires shall never be left unattended and there shall be a means of immediate extinguishment (i.e., garden hose, fire extinguisher and the like) readily available.
(D) Fires within a ring composed of noncombustible materials (i.e., concrete, metal and the like) and not housed in an outdoor fireplace or barbecue appliance shall not be closer than 50 feet from any combustible structure. The fires within 50 feet shall have a protective spark arresting screen across the entire top of the ring and shall follow the distance regulations as set forth in division (E) below.
(E) The use of commercially manufactured portable wood burning appliances shall be allowed provided the appliance is equipped with a spark arresting screen and cover. The appliance must be located a minimum distance of 15 feet from any structure, occupied or unoccupied. Only unfinished wood shall be burned in the appliances.
(F) Burning shall be done in a manner so that dense smoke and noxious fumes are not created that would cause a nuisance to neighboring properties.
(G) Charcoal burners and other open-flame devices shall not be operated on combustible balconies or within ten feet of combustible structures.
(H) Exceptions to division (G) above:
(1) One- and two-family dwellings; and
(2) Where buildings, balconies and decks are protected by an automatic sprinkler system.
(I) This section shall be in full force and affect from and after its passage and publication in the official newspaper of the city. The ordinance codified herein was published on 7-10-2008.
(Ord. 52.05, passed 7-7-2008) Penalty, see § 93.99