(A)   Unlawful burning.
      (1)   The burning of leaves on private property is permitted under the following conditions:
         (a)   The burning of leaves will only be permitted from May 1 through May 31, and from October 15 through December 1;
         (b)   A responsible person shall be in constant attendance until the fire allowed in division (A)(1) above is completely extinguished;
         (c)   Burning will only be allowed between the hours of 8:00 a.m. and 8:00 p.m. All fires are to be extinguished by 8:00 p.m.;
         (d)   Fires shall not be less than 25 feet from any structure, wood fence, hedge, or bush, and no less than five feet from any property line;
         (e)   The burning of leaves is prohibited on city streets, boulevards, lake shores, or any public property by private citizens;
         (f)   No open burning of leaves shall take place during an air pollution alert warning, or emergency, declared by the State Environmental Protection Agency; and
         (g)   The City Manager may temporarily discontinue burning between October 15 and December 1 due to unsafe conditions (for example, excessive dryness, and the like).
      (2)   This section pertains only to the burning of leaves. Any burning of rubbish, trash, or other material is prohibited, except as is allowed for a campfire or approved burner, as defined in division (B) below.
(Prior Code, § 10.26)
   (B)   Air pollution.
      (1)   It is unlawful for any person to burn, or permit burning, of any grass, weeds, leaves, rubbish, or other substance upon premises owned, or occupied, by him or her, except for those burnings allowed in § 90.01, and for activities allowed in division (B)(2) below.
      (2)   It is permissible for a person to have a campfire on public, or private, property which is defined as 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, or a fire in an approved burner, which shall be used to burn charcoal briquettes and/or untreated/unpainted wood that contains no glues or resins. The burner shall have the capacity of at least three bushels, and be maintained with a minimum burning capacity of at least two bushels. The burner shall have a cover that is closed when not in use, and have the same setback requirements as a campfire. The burner shall have no openings in the sides, or cover of a burner larger than one inch. The burner may be used between the hours of 6:00 p.m. and 8:00 a.m. without a burning permit, as long as open burning is allowed.
      (3)   Minn. R. Chapter 7000 et seq., as it may be amended from time to time, promulgated by the State Pollution Control Agency, are hereby adopted by reference, as though set forth verbatim herein. Three copies of the rules shall be marked “CITY OF ST. JAMES - OFFICIAL COPY”, and kept on file in the office of the City Clerk-Treasurer, and open to inspection, and use, by the public. It is unlawful to violate a provision of this section, or of the Air Pollution Control Rules hereby adopted by reference.
(Prior Code, § 10.25)
(Ord. 35, second series, passed 12-21-1981; Ord. 46, second series, passed 12-20-1982; Ord. 142, second series, passed 4-16-1992; Ord. 203, second series, passed 5-1-2007; Ord. 2, third series, passed 5-20-2008) Penalty, see § 90.99