§ 93.21  OPEN BURNING.
   (A)   It shall be unlawful for any person to start or allow to burn, any open fire on any property within the city without first having obtained a “burn permit” from the Lower St. Croix Valley Fire Protection District, except for supervised recreational or cooking fires within approved fire rings, pits, or barbecue grills.
   (B)   RECREATIONAL FIRES are defined as having no more than three feet in diameter at their bases, with flame height not exceeding three feet, and fueled only by natural wood with logs three inches in diameter or larger. Fires fueled by other materials, including but not limited to treated or painted wood, plastic, rubber, leaves, grass, trimmings, or any garden or yard vegetation, regardless of size, are not RECREATIONAL FIRES.
   (C)   Recreational fires shall be:
      (1)   Constantly attended by a person until the fire is totally extinguished.
      (2)   Conducted at least 15 feet from a structure or combustible material.
      (3)   Take place on the owner’s property and be a minimum of five feet from all property lines.
   (D)   A means of extinguishing the fire quickly must be readily available for immediate use. Acceptable on-site fire extinguishing means to include at least one of the following:
      (1)   Portable fire extinguisher with a minimum 4-A rating.
      (2)   A shovel with readily available dirt or sand.
      (3)   An operational garden hose attached to a water source, or a water barrel.
   (E)   When a burning ban has been issued by the Commissioner of the Minnesota Department of Natural Resources or other authorized unit of government, the City may suspend all recreational fires for the duration of the ban.
   (F)   A fire must be extinguished if it is smoldering or becomes a nuisance (e.g., annoys, cause injuries, or endangers the health, safety, comfort, or repose of the public,) to others or if not under supervision.
   (G)   Recreational fires on property of multi-family residences or on rental property are the responsibility of the property owner, its management, or association, as it maybe so organized. Residents thereof must adhere to the provisions of this section of the city code.
   (H)   Failure to comply with the provisions of this section of the city code constitutes a public nuisance, and is subject to an additional fine equal to the costs of Fire District actions needed to ensure compliance with them and to safeguard life and property.
(1990 Code, § 1802.020) (Ord. 2010-161, passed 3-15-2010)  Penalty, see § 10.99