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(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GRASS LAWN. A lawn composed mostly of grasses commonly used in regularly cut lawns or play areas, including but not limited to bluegrass, fescue, and ryegrass blends, intended to be maintained at a height of no more than 8 inches.
MANAGED NATURAL LANDSCAPE. A planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants. MANAGED NATURAL LANDSCAPES does not include turf-grass lawns left unattended for the purpose of returning to a natural state.
MEADOW VEGETATION. Grasses and flowering broad-leaf plants that are native to, or adapted to, the State of Minnesota, and that are commonly found in meadow and prairie plant communities but does not include noxious weeds as that term is defined by M.S. § 18.77, Subd. 8.
ORNAMENTAL PLANTS. Grasses, perennials, annuals, and groundcovers purposely planted for aesthetic reasons.
RAIN GARDEN. A native plant garden that is designed not only to aesthetically improve properties, but also to reduce the amount of stormwater and accompanying pollutants from entering streams, lakes, and rivers.
(B) Maintenance. Every owner or occupant of real property in the city shall keep grass, weeds, and brush maintained and be responsible for the removal and disposal of dead or diseased trees thereon the property, abutting boulevard, and/or portion of the street reserved for sidewalk abutting the property. Except as part of a managed natural landscape as defined in this section, any weeds or grasses growing upon any lot or parcel of land in the city to a greater height than 8 inches or that have gone to seed or about to go to seed are prohibited.
(C) Managed natural landscapes allowed. With the conditions set forth herein, the city shall allow an owner, authorized agent, or authorized occupant of any privately owned lands or premises to install and maintain a managed natural landscape, as defined in this section, which may include certain plants and grasses in excess of 8 inches in height and which may have gone to seed but which shall not include any noxious weeds. The managed natural landscape must be at least 5 feet from the property line and must not be located in a city right-of-way or city-owned or controlled easement. The managed natural landscape must be identified as a managed natural landscape by a sign posted on the property in a location likely to be seen by the public. This sign is required only if the managed natural landscape is in an area likely to be seen by the public. This sign must be in addition to any sign permitted by the sign ordinance but must be no smaller than 10 square inches, no larger than 1 square foot, and no higher than 3 feet tall.
(D) Violations. Violation of this section are subject to proper enforcement of §§ 92.35 et seq. as well as other applicable statute, laws or code provisions, including representing public nuisances subject to abatement under this section. Violations include, but may not be limited to, allowing: i. noxious weeds; ii. vegetation that does not meet the maintenance standard specified in division (B) above; and iii. managed natural landscaped areas that do not comply with division (C) above.
(Ord. 235, passed 8-9-1999; Am. Ord. 23-05, passed 10-10-2023) Penalty, see § 10.99
If any owner or occupant fails to comply with the provisions of the above sections, the City Weed Inspector shall serve written notice of the fact upon the owner or occupant, or any agent or person having the care or control of the lot or land. If the person upon whom the notice is served fails, neglects, or refuses to cut and remove or cause to be cut and removed, the weeds, grass, brush, other vegetation, dead/diseased trees within a specified time after receipt of the notice, the Weed Inspector shall cause the items on the lot or land to be cut and removed. The cost of cutting and removal plus other additional costs in connection therewith shall be billed to the owner of the property. Delinquent bills shall then be certified by the City Administrator-Clerk-Treasurer to the County Auditor, who in turn shall assess the costs above mentioned against the premises and the same shall be collected and enforced in the same manner as the collection of real estate taxes.
(Ord. 235, passed 8-9-1999)
OPEN BURNING
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIRE CHIEF, FIRE MARSHAL, and ASSISTANT FIRE MARSHALS. The Fire Chief, Fire Marshal, and Assistant Fire Marshals of the Fire Department which provides fire protection services to the city.
OPEN BURNING. The burning of any matter if the resultant combustion products are emitted directly to the atmosphere without passing through a stack, duct, or chimney, except a recreational fire as defined herein. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers, and propane or natural gas devices are not defined as OPEN BURNING.
RECREATIONAL FIRE. A fire set with approved starter fuel no more than 3 feet in height, contained within the border of a recreational fire site 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; for recreational, ceremonial, food preparation for social purposes; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burning bans, and air quality so that nuisance, health, or safety hazards will not be created. No more than 1 recreational fire is allowed on any property at 1 time.
RECREATIONAL FIRE SITE. An area of no more than a 3-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 blocks or ferrous metal only an which area is depressed below ground, on the ground, or on a raised bed. Included are permanent outdoor wood burning fireplaces. Burning barrels are not a RECREATION FIRE SITE as defined herein. RECREATIONAL FIRE SITES shall not be located closer than 25 feet to any structure.
STARTER FUELS. Dry, untreated, unpainted, kindling, branches, cardboard, 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 burn.
WOOD. Dry, clean fuel only such as twigs, branches, limbs, presto logs, charcoal, cord wood or untreated dimensional lumber. The term does not include wood that is green with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue or preservatives. Clean pallets may be used for recreational fires when cut into 3-foot lengths.
(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 for between the dates of October 1 and December 1 of each calendar year.
(Ord. 22-01, passed 2-28-2022) Penalty, see § 10.99
No person shall start or allow any open burning on any property in the city without first having obtained an open burn permit, except that a permit is not required for any fire which is a recreational fire as defined in §92.50.
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