A. Adoption Of State Law By Reference: The provisions of Minnesota Statutes chapter 88, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, permits, and all other matters pertaining to open burning are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the City Council that all future amendments of Minnesota Statutes chapter 88, are hereby adopted by reference as if they had been in existence at the time this chapter was adopted.
B. The City May Be More Restrictive Than State Law: The Council is authorized to impose, and has imposed in this chapter, additional restrictions on open burning within its limits beyond those contained in Minnesota Statutes chapter 88, as it may be amended from time to time.
C. Prohibited, Except By Permit: No person shall start or allow any open burning on any property in the City without first having obtained an open burning permit.
D. Application And Fees:
1. Open burning permits shall be obtained by making application on a form prescribed by the DNR and adopted by the Lakeville Fire Department.
2. An open burning permit shall require the payment of a fee. Permit fees shall be in an amount established by the City Council.
E. Exceptions: A permit is not required for any fire which is a recreational fire that complies with the requirements of this chapter.
F. Recreational Fire Requirements: A recreational fire is subject to the following requirements:
1. A recreational fire is not permitted when a burning ban or air quality alert is in effect.
2. The recreational fire site shall have appropriate communication and fire suppression equipment available.
3. The recreational fire shall be attended to at all times by an adult. No fire may ever be allowed to smolder.
4. The recreational fire must be a minimum of ten feet (10') from property lines.
5. A recreational fire is not allowed if winds exceed fifteen (15) miles per hour.
6. Smoke from a recreational fire may not unreasonably impact neighboring property owners.
G. Prohibited Materials:
1. No person shall conduct, cause, or permit the open burning of oils, petroleum fuels, rubber, plastic, chemically treated materials, or other materials that produce excessive or noxious smoke such as, but not limited to: tires; railroad ties; treated, painted, or glued wood composite shingles; tar paper; insulation; composition board; sheet rock; wiring; or paint and paint filters.
2. No person shall conduct, cause, or permit the open burning of: hazardous waste or materials from salvage operations; solid waste generated from an industrial or manufactured process; materials from a service or commercial establishment; or building materials generated from demolition of commercial or institutional structures.
3. No person shall conduct, cause, or permit the open burning of discarded materials resulting from the handling, processing, storage, preparation, serving, or consumption of food.
4. No person shall conduct, cause, or permit the open burning of any leaves, brush, or grass clippings. (Ord. 983, 7-5-2017)