(A) Purpose. In the exercise of its governmental authority and in order to promote the public health, safety, convenience, and general welfare, the city has determined that outdoor fires and outdoor burning may create a nuisance by the production and distribution of smoke and other byproducts of fire and further may create a danger to persons and to property.
(B) Burning unlawful. It shall be unlawful for any person, firm, club, organization, corporation, or other entity to burn any sweepings, trash, rubbish, garbage, household waste, lumber, building materials, paper, leaves, grass, wood, brush, trees, wood products, petroleum products, or other combustible material on any public or private land within the corporate limits of the city.
(C) Exceptions. Burning within the corporate limits of the city is permitted under the following circumstances.
(1) Burning is permitted in outdoor charcoal grills and outdoor propane or natural gas grills designed and used solely for the purpose of preparing food. The owner of the property where the grill is used is responsible for any and all damages caused by use of the outdoor grill.
(2) Burning is permitted in outdoor backyard elevated fire pits, fireplaces, chiminea, and fire pit tables designed and used for residential recreational, ceremonial, or social use and located in the yard of an occupied residence or residential property, provided the firebox or fire pit is at least six inches above ground, is properly screened to restrict release of ash and other fire byproducts from the fire, provided that the fire is not greater than three feet in diameter and not located within 30 feet of any structure or other combustible material and provided that there is no more than one such outdoor fire pit, fire place, chiminea, or fire pit table at any single residential property. No burning is allowed on sidewalks, streets, or any other public right-of-way. Permissible fuel is limited to charcoal, fire wood, twigs, and untreated scrap lumber. No burning is allowed between 1:00 a.m. to 5:00 p.m. or during any burning ban issued by the Minnesota Department of Natural Resources. The owner of the property where the fire pit, fire place, chiminea, or fire pit table is used will be responsible for any and all nuisances and damages caused by such use. Fire extinguishing equipment such as water buckets, shovels, garden hose, or fire extinguisher must be available to extinguish and control the fire. A responsible adult shall constantly attend to all outdoor recreational, ceremonial or social fires until the fire is extinguished. Unattended fires are a violation of this section. All fires must be extinguished by soaking with water. Fires must not be allowed to smolder.
(3) The Fire Department is allowed to conduct authorized controlled burns and other fire training drills within the city limits. Such drills shall be under the supervision of the Fire Chief or Assistant Fire Chief.
(Ord. 9-6, passed 7-14-2008) Penalty, see § 90.99