(A) Burning of leaves on private property.
(1) Regulations. The burning of leaves on private property is permitted under the following conditions:
(a) The burning of leaves will only be permitted from October 1 through December 1;
(b) A responsible person shall be in constant attendance until the fire is completely extinguished, and the fire will not be allowed to smolder without flame;
(c) Burning will only be allowed between the hours of 8:00 a.m. to 8:00 p.m. All fires are to be extinguished by 8:00 p.m.;
(d) The fires shall not be less than 50 feet from any structure, wood fence, hedge or bush and no less than 15 feet from any property line;
(e) The burning of leaves is prohibited on city streets, boulevards 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 of Minnesota, Faribault County or the City of Winnebago (for example, excessive dryness and the like).
(2) Violations.
(a) Failure to extinguish a fire. Any person who starts and fails to control or extinguish the fire, whether on owned property or on the property of another, before the fire endangers or causes damages to the property of another person or the state, is guilty of a misdemeanor.
(b) Failure to control a fire. Any person who fails to keep the fire contained within the area described by this section is guilty of a misdemeanor.
(c) Careless or negligent fires. Any person who carelessly or negligently starts a fire that endangers or causes damage to the property of another person or the state is guilty of a misdemeanor.
(d) Careless or negligent acts. Any person who participates in an act involving careless or negligent use of motor vehicles, other internal combustion engines, firearms with tracers or combustible wads, fireworks, smoking material, electric fences, torches, flares or other burning or smoldering substances whereby a fire is started and is not immediately extinguished before the fire endangers or causes damage to the property of another person or the state is guilty of a misdemeanor.
(Ord. 167, passed 12-12-95)
(B) Burning of piled material, running fire or farm operation. The burning of piled material, running fire or farm operation on any private property is permitted under the following conditions:
(1) A permit must be obtained at the Municipal Center at least 36 hours in advance of the proposed burn date. The permit is valid for open burning as allowed and specified in Minn. Rules, parts 7005.0705 through 7005.0805, M.S. § 88.16, as they may be amended from time to time, Minnesota Uniform Fire Code and this section. The cost of the permit is an amount established from time to time by Council resolution;
(2) The burning will only be permitted between the hours of 8:00 a.m. and 8:00 p.m. All fires are to be extinguished by 8:00 p.m.;
(3) The fires shall not be less than 50 feet from any structure, wood fence, hedge or bush and not less than 15 feet from any property line;
(4) The burning of piled material, running fire or farm operation is prohibited on any city street, boulevards, alleys or any public property by private citizens;
(5) No open burning of piled material, running fire or farm operation shall take place during an air pollution alert warning or emergency declared by the State of Minnesota, Faribault County or the City of Winnebago;
(6) A responsible person shall be in constant attendance until the fire is completely extinguished, and the fire will not be allowed to smolder without flame;
(7) Two officers of the Fire Department shall inspect each site prior to burning, and any recommendations pertaining to the burning of piled material, running fire or farm operation shall be followed or the permit will become revoked;
(8) The permittee must keep the burning under control and assume responsibility for all damages and costs that may result from burning done under this division (B), use a clean burning device to start the fire, and a prevailing wind must be away from any nearby occupied buildings. The permittee must extinguish the fire immediately if this permit is revoked;
(9) Not to burn paper or cardboard except as provided under M.S. § 17.135, as it may be amended from time to time;
(10) No person shall conduct, cause or permit open burning of oils, rubber, plastics, chemically treated materials or other materials which produce excessive or noxious smoke, including but not limited to tires, railroad ties, chemically treated lumber, composite shingles, tar paper, wiring, insulation, composition board, sheet rock, paint or paint filters;
(11) No person shall conduct, cause or permit open burning of hazardous waste as defined in M.S. § 116.06, Subd. 11, as it may be amended from time to time, and applicable commissioner’s rules;
(12) No person shall conduct, cause or permit open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial structure;
(13) No person shall conduct, cause or permit open burning of burnable building material generated from demolition of commercial or institutional structures;
(14) No person shall conduct, cause or permit salvage operations by open burning;
(15) No person shall conduct, cause or permit the processing of motor vehicles by open burning;
(16) No person shall conduct, cause or permit open burning of discarded material resulting from the handling, serving, processing, storage, preparation or consumption of food.
(C) Recreational burning.
(1) Regulations.
(a) Recreational fires shall have a maximum size of 30 inches in diameter at the base of the fire, and a maximum of 30 inches in height.
(b) Recreational fires shall be contained in a circular pit, the diameter of which shall be a maximum of 30 inches, and a perimeter of which shall consist of steel, rock, brick or other noncombustible material.
(c) Recreational fires must be at least 20 feet from any property line that abuts another private property or public property.
(d) Recreational fires shall not be permitted closer than 25 feet to any structure or combustible material.
(e) 1. A person must attend recreational fires at all times.
2. It shall be unlawful to have a recreational fire burning without a person present attending the fire.
(f) No person shall burn leaves, garbage, trash, rubbish, litter, organic waste, animal residue, tires, treated wood, varnished or coated lumber, or green or fresh cut wood, or other solid waste materials in a recreational fire.
(g) Chemical-free dry wood is the only substance that may be burned in a recreational fire.
(h) Water, sand or other material or device to extinguish the recreational fire must be readily available at all times.
(i) Recreational fires are not permitted when winds exceed 15 miles per hour, or when the Fire Chief or other governmental agency has issued a no fire order.
(j) Recreational fires must be extinguished to the point of being cold before being left unattended.
(k) Recreational fires posing a nuisance, as defined by the code of ordinances, or which pose a health or fire hazard must be extinguished.
(l) Recreational fires can only be used between the hours of 8:00 a.m. and 12:00 a.m. midnight.
(2) Recreational fire violations.
(a) Failure to extinguish a fire: § 90.01(A)(2)(a) shall apply.
(b) Failure to control a fire: § 90.01(A)(2)(b) shall apply.
(c) Careless or negligent fires: § 90.01(A)(2)(c) shall apply.
(3) Exceptions to the open burning restrictions.
(a) Recreational fires as described above.
(b) Fire contained in charcoal grills, camp stoves or other cooking and heating devices.
(D) Violations.
(1) Failure to extinguish a fire. Any person who starts and fails to control or extinguish the fire, whether on owned property or on the property of another, before the fire endangers or causes damages to the property of another person or the state, is guilty of a misdemeanor.
(2) Failure to control a permit fire. Any person who has a burning permit and fail to keep the permitted fire contained within the area described on the burning permit or who fails to keep the fire restricted to the materials specifically listed on the burning permit is guilty of a misdemeanor.
(3) Careless or negligent fires. Any person who carelessly or negligently starts a fire that endangers or causes damage to the property of another person or the state is guilty of a misdemeanor.
(4) Careless or negligent acts. Any person who participates in an act involving careless or negligent use of motor vehicles other internal combustion engines, firearms with tracers or combustible wads, fireworks, smoking material, electric fences, torches, flares or other burning or smoldering substances whereby a fire is started and is not immediately extinguished before the fire endangers or causes damage to the property of another person or the state is guilty of a misdemeanor.
(Ord. 167.5, passed 1-11-95; Am. Ord. 5, Second Series, passed 12-9-03) Penalty, see § 10.99