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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NATURAL/VEGETATIVE MATTER.
Grass clippings, leaves, twigs, sticks, and branches, but not the main trunk nor primary limbs of trees, and the non-harvested parts of garden plants.
OPEN BURNING.
The burning of any matter whereby the resultant combustion products are emitted directly to the atmosphere without passing through an adequate stack, duct, or chimney.
SCOPE.
As used herein, the following words shall have the meanings defined herein.
(Prior Code, § 5-4-1)
(A) No person shall cause, allow, or permit any burning in the city except as may hereinafter be allowed.
(B) Open burning may be conducted if an open burning permit is obtained pursuant to the requirements of this subchapter and other regulations of local, state, and federal agencies.
(Prior Code, § 5-4-2) Penalty, see § 95.99
(A) Application. Application for open burning permits may be made in cases where fires are proposed to be set for the following purposes:
(1) Bona fide instruction and training of fire fighting personnel and for the testing of fire extinguishing equipment;
(2) Elimination of fire of health hazards which cannot be abated by any other practicable means;
(3) Activities in accordance with accepted forest or game management;
(4) Ground thawing for utility repair and construction; and/or
(5) The required maintenance and management of designated prairie grass areas.
(B) Restrictions. A burning permit shall be issued on a prescribed form to the applicant if the burning is for one of the purposes set forth in division (A) above and the applicant agrees that all burning shall be conducted under the following circumstances.
(1) The prevailing wind at the time of the burning shall be away for nearby residences.
(2) The burning shall be conducted as far away as practical from any highway or public road and controlled so that a traffic hazard is not created.
(3) The burning may not be conducted during the duration of an air pollution alert, warning, or emergency.
(4) The recipient of the permit or his or her authorized representative shall be present for the duration of any fire authorized by the permit.
(5) Prior notice shall be given to the local Department of Natural Resources Forest Officer, local Fire Marshal, or local Fire Chief of the time and location of any fire authorized by the permit.
(6) Open burning for ground thawing shall be conducted in accordance with the following additional restrictions.
(a) Fuels and starting materials shall be of a kind which do not generate appreciable smoke.
(b) Propane gas thawing torches or other devices causing minimal pollution shall be used when practicable.
(7) Open burning of materials permitted in division (A)(5) above shall be conducted in accordance with the following additional restrictions.
(a) The location of the burning shall not be within 600 feet of an occupied residence other than those located on the property on which the burning is conducted. The distance can be reduced when the burn is performed by or with the assistance of the Fire Department.
(b) Oils, rubber, and other similar smoke producing materials shall not be burned or used as starting materials.
(c) The burning shall not be conducted within one mile of any airport or landing strip unless approved by the Fire Chief.
(8) The following persons are authorized to accept application and issue open burning permits:
(a) Zoning Administrator;
(b) Building Official; and
(c) Fire Chief.
(Prior Code, § 5-4-3) (Ord. 373, passed 4-22-2002)
(A) Any permit application submitted shall be denied if:
(1) A reasonable, practical alternative method of disposal of the material is available; or
(2) A nuisance condition would result from the burning.
(B) Any permit is subject to revocation at the discretion of a Department of Natural Resources Forest Officer, the local Fire Marshal, or Fire Chief, or the permit issuer if:
(1) A reasonable practical method of disposal of the material is found;
(2) A fire hazard exists or develops during the course of the burning; or
(3) Any of the conditions of the permit are violated.
(Prior Code, § 5-4-4)
Fires set for recreational, ceremonial, food preparation, or social purposes are permitted provided the following conditions are adhered to:
(A) Only dry raw wood, or wood products such as sticks. No painted or treated wood or other lightweight vegetation such as leaves shall be burned in a recreational fire;
(B) Fire must be contained within a three feet diameter fire pit area;
(C) Fire must not be left unattended; and
(D) Fire pits must be located in rear yard only, at least 25 feet from any structure or property line. Portable fire pits with covers are allowed for use in front yards on driveways only and may not be within 25 feet of any structure in the front yard. All fires must be completely extinguished with water before leaving them unattended. Portable fire pits with covers shall not be stored on the driveway or front yard when not in use. The wind should also be considered before lighting any fire; and
(E) Commercial fire pits must comply with all of the residential rules with the addition of:
(1) Must be 15 feet from the property line and building and any combustible exterior facade or awning.
(2) No overhead covering above fire.
(3) Wood storage must be locked and only accessible by staff.
(Prior Code, § 5-4-7) (Ord. 252, passed 6-13-1994; Ord. 373, passed 4-22-2002; Ord. 773, passed 3-28- 2022)
The Minnesota State Fire Code (MSFC), § 506.1 is amended by the following: Key Boxes:
(A) Will be located near the front entrance of any commercial building at six feet above finished grade, or as approved by the Fire Code Official;
(B) Additional boxes may be used at more than one location when required because of the size of the building, number of keys, or other special hazard as required by the AHJ; and
(C) The box shall be of an approved vendor and model as approved by the Fire Code Official.
(Ord. 768, passed 1-24-2022)
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