§ 92.05 OPEN BURNING OF LEAVES.
   (A)   Burning of leaves permitted. The burning of dried leaves is permitted within the corporate limits of the city only in accordance with conditions set forth in this section.
   (B)   Time. The burning of dried leaves shall be permitted to occur from dawn to 8:00 p.m. on Tuesday, Thursday, Friday, and Saturday beginning with the second Tuesday of October and ending with the last Saturday in November of each year subject to cancellation as provided in M.S. § 512.06, as it may be amended from time to time.
   (C)   Declaration of air pollution or fire danger alert.
      (1)   Air pollution alert. No burning of leaves shall take place during an air pollution alert, warning, or emergency declared by the state’s Pollution Control Agency.
      (2)   Fire danger alert. No burning of leaves shall take place during a fire danger alert declared by the Fire Chief for the city or by the Commissioner of the state’s Department of Natural Resources.
      (3)   Public notice. Notice of any fire danger alert or of any air pollution alert, warning, or emergency shall be broadcast periodically on any day during which open burning of leaves would otherwise be permitted.
   (D)   General precautions against fire.
      (1)   Kindling of fire on land of other restricted. No person shall ignite or burn any dried leaves upon the land of another without the permission of the owner thereof or his or her agent.
      (2)   Burning on public property. No person shall ignite or burn any dried leaves on any publicly owned or controlled lot or parcel of land, public bridge, street, sidewalk, or public place which has not been set aside by public authorities for such purpose.
      (3)   Location restricted. No person shall ignite or maintain any fire permitted by this section or authorize any such fire to be ignited or maintained on any private land unless:
         (a)   The fire is contained in an approved waste burner located safely not less than 15 feet from any structure; or
         (b)   The location is not less than 30 feet from any structure and adequate provision is made to prevent fire from spreading to within 30 feet of any structure.
      (4)   Attendance of fires. Any fire authorized by this section shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply, or other fire extinguishing equipment readily available for use.
      (5)   Dried leaves only. No person shall kindle or maintain any fire permitted by this section or authorize such fire to be ignited or maintained if the material to be burned consists of anything other than dried leaves.
   (E)   Approved waste burners. An approved waste burner for the purposes of this section shall be constructed of fire resistant material, have a capacity of at least three bushels, be maintained with a minimum burning capacity of at least two bushels, and have a cover which is closed when in use and openings in the top or sides of one inch maximum diameter. No combustible material shall be nearer than three feet to the burner or incinerator when in use.
(Prior Code, § 92.05) (Ord. 82-3, passed 6-28-1982) Penalty, see § 92.99