(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BURNING PERMIT. A permit issued by the City Fire Marshal authorizing fires exempted from the general provisions hereof, and setting conditions therefore.
CAMP FIRE. A fire set for cooking, warming or ceremonial purposes, which is not more than three feet in diameter by three feet high, and has had the ground five feet from the base of the fire cleared of all combustible material.
OPEN FIRE or OPEN BURNING. A fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed fire box, structure or vehicle, and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct or chimney.
PERSON. As defined in M.S. § 116.06(8), as it may be amended from time to time.
RECREATION FIRE. See CAMP FIRE.
(1) RECREATION FIRE BURN. When a camp fire is used for recreation purposes, it must be ignited with an approved starter fluid using, dry clean wood, producing little detectable smoke, odor or soot beyond the property line, conducted with an adult tending the fire at all times, extinguished completely before quitting the occasion, and respecting weather conditions, neighbors, burning bans and air quality so the threat of nuisance health or safety hazards will not be created. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers and propane or natural gas devices are not defined as camp or recreation fires.
(2) RECREATION FIRE SITE. An area of no more than a three-foot diameter circle (measured from the inside of the fire ring or border) completely surrounded by non-combustible and non- smoke or odor producing material, either of natural rock, cement, brick, tile or block of ferrous metal only and which area is depressed below ground, on the ground or on a raised block. Included are permanent outdoor wood burning fire places. RECREATION FIRE SITES shall not be located closer than 15 feet to any structure. Burners are not a RECREATION FIRE SITE, as defined herein.
STARTER FUELS. Dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution must be used to start an open fire.
WOOD. Dry, clean fuel only such as twigs, branches, limbs, “presto logs,” charcoal, cordwood or untreated dimensional lumber. WOOD does not include wood that is green, with leaves or needles, rotten, wet, coil soaked or treated with paint, glue or preservatives. Clean pallets may be used for recreation fires when cut into three foot lengths.
(B) Open burning prohibited. From and after the effective date of this section, except as herein otherwise provided, open burning shall be prohibited within the city.
(C) Exemptions. Open burning of the types, and subject to the conditions, as hereinafter stated, shall be exempt from the prohibition of division (B) above.
(1) Recreational fires;
(2) Fires under managed supervision for which a burning permit has been obtained from the City Fire Marshal and, where required by state law, from the Department of Natural Resources, but limited to the following:
(a) Fires purposely set for the instruction and training of public and industrial fire fighting personnel;
(b) Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means;
(c) Fires purposely set for forest and game management purposes; and
(d) The burning of trees, brush, grass and other vegetable matter in the clearing of land, the maintenance of street, road and highway right-of-way, and in accepted agricultural land management practices.
(3) An exception to conduct fires under this section does not excuse a person from the consequences, damages or injuries which may result therefrom nor does it exempt any person from regulations promulgated by the Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation.
(D) Rules adopted by reference. M.S. §§ 88.02 through 88.22, 88.75 and 88.76 and the Minnesota Uniform Fire Code, as they may be amended from time to time, are hereby adopted by reference and made a part of this section as if fully set forth at this point.
(Ord. 84, passed 1-10-94; Am. Ord. 179, passed 5-14-12) Penalty, see § 10.99