§ 90.61 PROHIBITED MATERIALS.
   (A)   No person shall conduct, cause or permit open burning oils, petro fuels, rubber, plastics, chemically treated materials or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted or glued wood composite shingles, tar paper, insulation, composition board, Sheetrock, wiring, paint or paint fillers.
   (B)   No person shall conduct, cause or permit open burning of hazardous waste or salvage operations, open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial establishment or building material generated from demolition of commercial or institutional structures.
   (C)   No person shall conduct, cause or permit open burning of discarded material resulting from the handling, processing, storage, preparation, serving or consumption of food.
   (D)   No person shall conduct, cause or permit open burning of any leaves or grass clippings except annually during the period designated by this division regulating the open burning of leaves.
      (1)   Burning permitted. Subject to the provisions of M.S. § 116.082, the open burning of dried leaves between September 15 and December 1 is hereby allowed, subject to the limits and conditions specified in this division.
      (2)   Limits and conditions. The burning leaves will only be permitted under the following limits and conditions:
         (a)   The open burning of leaves and grass clippings will only be permitted between September 15 and December 1.
         (b)   Burning shall be limited only to the areas of the city zoned “residential”.
         (c)   A fire shall not be less than five feet from any property line or within 25 feet of any building, lumber pile, wood yard, hay stack, or other combustible material.
         (d)   A responsible person shall be in constant attendance until the fire is completely extinguished.
         (e)   Burning will only be allowed during daylight hours.
         (f)   The burning of leaves is prohibited on city streets, alleys, sidewalks, boulevards, or any public parking by private citizens.
         (g)   No burning shall take place during an air pollution alert, high fire danger, warning or other emergency declared by this city, the Minnesota Pollution Control Agency (MPCA), or the Minnesota Department of Natural Resources (DNR).
         (h)   The Fire Chief, or another local fire authority designee, will have the authority to discontinue a burn when:
            1.   A fire hazard exists or develops during the course of the burn.
            2.   It is determined that the smoke emissions are offensive to occupants of the surrounding property.
      (3)   Copy to state agencies. A copy of this division, or any amendment thereof, shall be submitted to the MPCA and the DNR.
(Am. Ord. 14-02, passed 4-14-15) Penalty, see § 10.99