(A) Burying, burning and composting of refuse.
(1) Burning and burying prohibited. No person shall burn or bury any refuse in the city, except in an approved, sanitary landfill, but leaves, grass clippings and easily biodegradable, non-poisonous garbage may be composted on the premises where refuse has been accumulated.
(2) Composting. Garbage may be composted only in a rodent-proof structure and in an otherwise sanitary manner and after the Council (Health Officer) give its approval to composting after it finds that the composting will be done in accordance with these standards.
(B) Burning; generally. Except as herein otherwise provided, it shall be unlawful for any person within the city to cause, allow or permit open burning.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OPEN BURNING.
1. OPEN BURNING shall be defined in accordance with the state’s Pollution Control Agency’s rules and regulations restricting open burning. At present, its definition of OPEN BURNING is the burning of any matter whereby the resultant combustion products are directly emitted to the atmosphere without passing through an adequate stack, duct or chimney.
2. A permit issued by the city, or state’s Pollution Control Agency (PCA) pursuant to Minn. Rules Ch. 7001 et seq., shall be required for any person, business or corporation needing an exception to this section.
3. OPEN BURNING. A fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed firebox, structure or vehicle, and from which products of combustion are emitted directly to the open atmosphere without passing through a stack, duct or chimney.
RECREATIONAL FIRE. The burning of material other than rubbish for pleasure, religious, ceremonial, cooking or similar purposes where the fuel being burned is not contained in an incinerator, outdoor fireplace, or barbecue grill, and with a total fuel area of three feet or less in diameter and three feet or less in height.
(2) Specific requirements.
(a) A burning permit must be obtained from the city or the city’s Police Department before igniting a recreational fire.
(b) Recreational fires shall not be conducted within 25 feet of a structure or combustible materials, and shall be contained in an approved fire ring no larger than three feet in diameter and no lower than eight inches in height, constructed of concrete or other approved non-combustible material; conditions which could cause a fire to spread to within 25 feet of a structure shall be eliminated prior to ignition.
(c) Buckets, shovels, garden hoses or a fire extinguisher with a minimum 4-A rating shall be readily available for use at recreational fires or open burning of dried leaves.
(d) Recreational fires shall be constantly attended by a person knowledgeable in the use of fire extinguishing equipment. An attendant shall supervise a recreational fire until the fire has been extinguished. Fires must not be allowed to smolder with no flame present.
(e) Any officer of the Henderson Fire District, State DNR, the city’s Police Department or the county’s Sheriff’s Department is authorized to require that recreational fires be immediately discontinued if the fires are determined to constitute a hazardous or nuisance condition.
(f) Recreational fires will not be allowed if a burning ban or air pollution alert is in effect.
(g) Maximum wind speed, including gusts, must not exceed ten mph, and the prevailing winds must be away from occupied structures before a recreational fire shall be ignited.