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95-005 ORD ORDINANCE 95- 5 e CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER, MINNESOTA, REPEALING SECTION 206.38, OPEN BURNING, AND ENACTING A NEW SECTION 410 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITLED - OPEN BURNING The City Council of the City of Elk River does hereby ordain as follows: Section 1: That Section 206.38 of the Elk River City Code, defined as "Open Burning" is repealed and new Section 410 - Open Burning is adopted in lieu thereof and shall read as follows: SECTION 410 - OPEN BURNING. 410.00 - DEFINITIONS - CAMPFIRE: A fire set for cooking, warming, or ceremonial purposes, which is not more than three (3) feet in diameter by three (3) feet high, and has had the ground five (5) feet from the base of the fire cleared of all combustible material. OPEN FIRE: "Open Fire" or "Open Burning" shall mean a fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed fire box, structure of vehicle, and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct, or chimney. RUNNING FIRE: An attended fire that is allowed to spread through surface vegetative materials under controlled conditions. Its purpose is that of vegetative management, forest management, game habitat management or agricultural improvement. ~TARTER FUELS: Dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles a.ld 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 on open fire. e RECREATIONAL FIRE: requirements: A camp fire which meets the following 1. e 1. Recreation Fire Site Requirements. An area of no more than a three (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 block of ferrous metal only and which area is depressed below ground, on the ground, or on a raised bed. Included are permanent outdoor wood burning fire places. Recreation fire sites shall not be located closer than fifty (50) feet of any structure. Burners are not recreational fire sites as defined herein. 2. Recreational Fire Burn Requirements. When a camp fire is used for recreational purposes, it must be ignited with an approved starter fluid 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; 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. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers, and propane or natural gas devices are not defined as camp or recreational fires, and are not covered by this ordinance. - ~: Dry, clean fuel only such as twigs, branches, limbs, "presto logs", charcoal, cordwood or untreated dimensional lumber. Wood 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 three (3) foot lengths. 410.02 - OPEN BURNING PERMITS 1. No person shall start or allow any open burning on any property in the City of Elk River without first having obtained an Open Burn Permit, except that a permit is not required for any fire which is a Recreation Fire as defined herein. 2. Open burning permits shall be issued through the City of Elk River, by the Fire Chief, Assistant Fire Chief, or State Fire Warden. e 3. Hours of Open Burning. Open burning is only permitted between the hours of 6:00 p.m. to 6:00 a.m., except that when there is three (3) or more inches of snow cover, open burning otherwise permitted by this ordinance can take place 24 hour per day. 2. e 4. Open Burning Permit Not Required With Three Inches of Snow Cover. If there is three (3) or more inches of snow cover on the ground, a burning permit is not required in areas of the City where open burning is permitted. 5. Open Burning Permits are available in two forms: A. A three day burning permit may be acquired at no charge. B. A fifteen day burning permit may be acquired at City Hall only, for a fee of $5.00. 410.04 - PERMITTED AND PROHIBITED OPEN BURNING. From and after the effective date of this ordinance, except as herein otherwise provided, open burning shall be prohibited in defined areas in the City of Elk River, as set forth by the City Council. (A map defining permitted and prohibited oren burning areas is available at Elk River City Hall) . 410.06 - PROHIBITED MATERIALS 1. It is illegal to burn at any time: e A. Oils, rubber, plastics, chemically treated materials, or other materials that produce excessive or noxious smoke; B. Hazardous waste C. Burnable building materials from demolition of a commercial or institutional structure (farm buildings are not commercial) . D. Industrial solid waste generated from an industrial or manufacturing process, or from a service or commercial structure. E. Motor vehicles or conduct salvage operations by open burning; F. Garbage from the handling, procession, storage, preparation, serving, or consumption of food. G. Painted or treated wood. 410.08 - SPECIAL OPEN BURN PERMIT e 3. e 1. Special Open Burn Permit Required. A Special Open Burn Permit is required for open burning in the following circumstances: A. Any open burning in a "no-burn" area of the City. B. Any person requesting to burn between the hours of 6:00 a.m. and 6:00 p.m. when there is not more than three (3) or more inches of snow cover. 2. Special Open Burn Permit Application Procedure. A. The applicant must contact the Fire Chief, or designee of the Fire Chief, and schedule a preliminary site inspection to locate the proposed burn site. B. No burning shall take place without first having obtained a Special Open Burn Permit. C. The length of Special Burn Permit shall be determined by the Fire Chief or designee of the Fire Chief. D. Special Burn Permit Fee. The fees for Special Burn Permits are as follows: e i. Residential Areas - $10.00 ii. Development and/or clearing of land - $25.00 iii. Daytime hour special burn permit - $25.00 410.10 - REVOCATION OF OPEN BURNING PERMIT The Open Burning Permit is subject to revocation at the discretion of the City Fire Chief, or designee of the Fire Chief. Reasons for revocation include, but are not limited to: a fire hazard existing or developing during the course of the burn, any of the conditions of the permit being violated during the course of the burn, pollution or nuisance conditions developing during the course of the burn, or a fire smoldering with no flame present. 410.12 - DENIAL OF OPEN BURNING PERMIT - If established criteria for the issuance of an open burning permit are not met, or during review of said application, it is determined that a practical alternative method of disposal of the material exists, or a pollution or nuisance condition would result, then the Fire Chief, or designee of the Fire Chief may deny the open burning permit application. 4. 410.14 - BURNING BAN QR AIR QUALITY ALERT e No camp or recreational fire or open burn will be permitted when the City or Department of Natural Resources has officially declared a burning ban due to potential hazardous fire conditions or when the Minnesota Pollution Control Agency has declared an Air Quality Alert. 410.16 - RUNNING FIRES Running fires are not permitted in any area of the City of Elk River except by special permit. (See "Exemptions," Section 410.20) . 410.18 - BURNERS 1. Permitted and Prohibited Use of Burners. Burners (Burning Barrels) may be used only in areas of the City of Elk River where open burning is allowed. Burners are prohibited in any area of the City where open burning is not allowed. 2. Burner Regulations. e A. Burners can be used to burn vegetative fuels only, and only in areas of the City where burners allowed. B. Burning from a burner can take place between the hours of 6:00 p.m. and 6:00 a.m. C. The use of a burner as stated in Section 410.18, does not require an open burning permit. 3. Burner Design Standards. A. Burners must meet approved design standards as specified: i. Burners must have a size capacity of at least three (3) bushels of which two-thirds (2/3) is still useable. ii. Burners cannot have ventilation openings larger than one (1) inch in diameter and must be covered with a screen when in use. - iii. All combustible material must be cleared for a distance of five (5) feet from the burner when using a burner. 5. 410.20 - EXEMPTIONS. - 1. Open burning of the types, and subject to the conditions as hereinafter stated shall be exempt from the prohibitions of Section 410 of this Ordinance. Fires under managed supervision for which a burning permit has been obtained from the Fire Chief or designee of the Fire Chief, but limited to the following: A. Fires purposely set for the instruction and training of public and industrial fire fighting personnel. B. Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means. C. Fires purposely set for forest and game management purposes. D. The burning of trees, brush, grass, and other vegetable matter in the clearing of land, the maintenance of street, road, and highway right-of-way, and in accepted agricultural land management practices. e 2. Permits to conduct fires under this section do not excuse a person from the consequences, damages, or injuries which may result therefrom, nor exempt any person from regulations promulgated by the Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulations. 410.22 - PENALTIES Any person violating the prov~s~ons of this open burning section shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of up to seven hundred dollars ($700.00) and/or imprisonment for a term not to exceed ninety (90) days. In all cases, the violator may be held accountable for the costs of prosecution and the cost incurred from suppression of the fire. Section 2. The City Clerk shall publish this ordinance in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Hall. e Section 3. This Ordinance becomes effective upon its passage and the publication of its title and summary. 6. e Passed by the City Council of the City of Elk River this 6th day of March, 1995. ATTEST: s:\docurnent\ordinanc\openbur2.doc e - 7. Mfidavit of Publication . STATE OF MINNESOTA )ss. COUNTY OF SHERBURNE) - p(j"'~ . being duly sworn, on oath says t t he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. ~ (B) The printed O~ QS-3 . which is attached was cut from the columns of said newspaper, and was printed and published once each week, for I :-~'!i- cessive weeks; it was first published on Wednesday, the I~ day of ~ , 19Q5-: and was thereafter printed and published on every Wednesday to and including Wednesday, the _ day of ,19_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind oftype used in the composition and publication of the notice. ~ a b c de fghij klm nop qrstu vwxy z ~~~w Subscribed and sworn to before me on this ~ ,19'10. ? 1'7~ day of . RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ (i,4~.5D $ 550 ,It:J;)... $ 550,~~ ORDINANCE 95- 5 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER, MINNESOTA, REPEALING SECTION 206.38, OPEN BURNING, AND ENACTING A NEW SECTION 410 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITLED - OPEN BURNING The City Council of the City of Elk River does hereby ordain as follows: Section 1: That Section 206.38 of the Elk River City Code, defined as "Open Burl is repealed and new Section 410 - Open Burning is adopted in lieu thereof and _ . read as follows: SECTION 410 - OPEN BURNING. 410.00 - DEFINITIONS CAMP FIRE: A fire set for cooking, warming, or ceremonial purposes, which is not more than three (3) feet in diameter by three (3) feet high, and has had the ground five (5) feet from the base of the fire cleared of all combustible material. OPEN FIRE: "Open Fire" or "Open Burning" shall mean a fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed fire box, structure of vehicle, and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct, or chimney. RUNNING FIRE: An attended fire that is allowed to spread through surf~ce vegetative materials under controlled conditions. Its purpose is that ofv~getative management, forest management, game habitat management or agncultural improvement. STARTER FUELS: Dry, untreated, unpainted wood or charcoa~ fire ~t8!J:er; 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 on open fire. . RECREATIONAL FIRE: A camp fire which meets the following reqUlrements: 1. Recreation Fire Site Requirements. An area of no more than a three (3) foot diameter circle (measured from the inside of the fire ring or ?order) co~pl~tely surrounded by non-combustible and non-smoke or odor producmg maten~l either of natural rock, cement, brick, tile" or block of ferrous me~l only and which area is depressed below ground, on the ground, or on .a ~alsed bt:d. Included are pennanent outdoor wood burning fire places. Recreation fire,sltes sha.ll not be located closer than fifty (50) feet of any structure. Burners are not recreational fire sites as defined herein. . . 2. Recreational Fire Burn Requirements. When a camp fire:s u~ed for recre- ational purposes, it must be ignited with an aJ?proved starter flUld usmg dry, cl~a~ wood; producing little detectable smoke, odor, or .soot bey~nd t~e property lme, conducted with an adult tending the fire at all times; extmgmshed completely before quitting the occasion; and respecting weather conditions, neighb~rs, burn- ing bans, and air quality so that nuisance health or saf~ty h~zards Wlll no~ be . creatprt. Mobile cooking devices such as manufactured hlbac;hls, charcoal gnlls, woo lkers and propane or natural gas devices are not defined as camp or reCh .ilal fi~es and are not covered by this ordinance. WOOD: Dry, ciean fuel only such as twigs, branches, limbs, "presto logs", charcoal, cordwood 'or untreated dimensionallum~er. Wood does not mcl~de w?Od that is green, with leaves or needles, rotten, wet, od soaked, o~ treated Wlth pamt, glue, or preservatives. Clean pallets may be used for recreational fires when cut into three (3) foot lengths. 410.02 - OPEN BURNING PERMITS ' ., 1. No person shall start or allow any open burning on any property m the City ~f Elk River without first having obtained an Open Burn Permit, exceptthat a pennlt . is not required for ai1yfi~'",hich is a Recreation Fi~eas defined herein.d, \ 2; (}pen burnil1g 'tI1S~~l1 be~ssuedthrtlughtl1eCity, ofElk~yer;by Ule/rire ~:;~~~::~;'6~ ;:rf:.~~~:b~:1:gl':a:~~np~~it~~~et~e~~'.ili~ij~iJh'Of '~~~~~:~;~b~~. '.~~::;~~~\:;;:hi~o~Ji~~~~eo:~~:k~~l:::Bl::: per daY"i il'.I'ilhi;.'.' .'il'.,....., . . . ... .:'; '.' . 4.. OP~l}lll:l-nrl ..... .it.l'l9tft~qpired With Tltree Inches of Snow Cover. Ifthet-e ;isitli~e(~)"~t;..: .l}~l1e~;or eh?!" cQYer ol!-thl;!ground, a burning pennit is not reqturedm are,. ." .theCi,tywl1i~reopen burping is pennitted,.. 5.. Open Bl.l~i1gJ?ennit!ilire aV!1ilable in two fonns: . A. A three;,da:Y'I:lUrnjng Pe;ftJ1it,~llybe acquired at no ~harge:.)' '... : '. R A fifteen d!1y bl.1rniIlg pElnnit.inay be acquired at City Hall only; for arM of $5.00,; ,;,:i':,),:</";,, .' ........ .. '1." 410.04. PERl\fIT'fEDAfotIJPftO}lIlUTED OPEN BURNING. .. .': From andafMr th!iefte.ctive ~a.ttrofthis ordinance; except as herein othe~se provided,openburnih~l1hallb~ Pl'~l1ibited in definedarElas inthl;! CityofEl~AAer, as~et forth byt~epityCo~l1~i1."(A lllap dl;!fining pennitte~andprohibitt!adpen burning areas is !1v!1ilableatJi)lk'Riyer City Hall)". F< '..' iF' .>:: ': 410.06 ~ PROHIBI'fE:P~TIilftlJ\LS .. '.' ......." \'. .' F{ .:\ It is illegal to butIllltJ 'ilnytime:.; . '. .... .d.... \\ 'i A. Oils, rubber,plastics,"chemically treated materials, orotherma'teriats tHat produce excessive ornoxiOll~sJl1okl;!; . ' B.. Hazardouswa!M}:'<:' ..'..,'.... C. Burnable bu,ilding materials from demolition of a comtnercialQrinstitutional structure "(fann buildings ate notcomlp.eroial): D. Industrial solid waste gEmeratedfrom an industrialormanufacturingprocess, or from a service or commet'cialstructure. . ,. .', '; " E. Motor vehicles or conduct salvage operations.by.open bu~ning;: ; " F. Garbage from the handling, procession, storage, preparation,iserving1or consumption offood. " '.' \ G. Painted oftreated:wood. \ 410.08 - SPECIAL OPE,N BURN PERMIT . Ii 1. SpecialOpEln Burn PennitRequired.A Special Open.n'urnPennit is reqlltl'ed for open burning intbe-follQwingc,ircumstances: '. . ". \ Any open burningina~no..burn"'area of the City, .., B. Any person requl;!stingtQ})uTbetween the,hout;S of6:00 a.m. and twhen there is not mote than three (3) otmoreJl}c:hes of sl}Qw COVer. : 2. Special Open Burn Pennit Application PrOi:l!dure:.', ;' ., . " ....., Ai' ... '. ,.,. '--. ~..h"'"'''''''' A. The applicant must contact the Fire Chief, or designee of the Fire Chief, and schedule a preliminary site inspection to locate the proposed burn site. B. No burning shall take place without first having obtained a Special Open Burn Permit. C. The length of Sp~cial Burn Pennit shall be detennined by the Fire Chief or designee of the Fire Chief. D. Special Burn Pennit Fee. The fees for Special Burn Pennits are as foUows: 1. Residential Areas - $10.00 ii. Development and/or clearing ofland - $25.00 iii. Daytime hour special burn pennit - $25.00 410.10 - REVOCATION OF OPEN BURNING PERMIT The Open Burning Permit is subject to revocation at the discretion of the ality Fire Chief, or designee of the Fire Chief. Reasons for revocation include, buhire not limited to: a fire hazard existing or developing during the cours~ of the burn, any of the conditions of the permit being violated during the course of the burn, pollution or nuisance conditions developing during the course ofthe burn, or a fire smoldering with no flame present. . 410.12 - DENIAL OF OPEN BURNING PERMIT If established criteria for the issuance of an open burning pennit are not met, or during review of said application, it is determined that a practical alterlllative method of disposal of the material exists, or a pollution or nuisance cOlllllition would result, then the Fire Chief, or designee of the Fire Chief may deny the open burning permit application. 410.14 - BURNING BAN OR AIR QUALITY ALERT No camp or recreational fire or open burn will be permitted when the Ciqy or Department of Natural Resources has officially declared a burning ban due to potential hazardous fire conditions or when the Minnesota Pollution Control Agency has declared an Air Quality Alert. 410.16 - RUNNING FIRES Running fires are not permitted in any area of the City of Elk River except by special permit. (See "Exemptions," Section 410.20). 410.18 - BURNERS 1. Permitted and Prohibited Use of Burners. Burners (Burning Barrels) may be used only in areas ofthe City of Elk River where open burning is allowed. Burners are prohibited in any area of the City where open burning is not allowed. 2. Burner Regulations. A. Burners can be used to burn vegetative fuels only, and only in areas oftha City where burners allowed. B:BuITiing from a burner can take place between the hours of6:00 p.m. and 6: 00.. am. ; C. The use of a burner as stated in Section 410.18, does not require lin\open burning pennit. Burner Design Standards. A. Burners must meet approved design standards as specified: i. Burners must have a size capacity of at least three (3) bushels of which two- thirds (2/3) is still useable. ii. Burners cannot have ventilation openings larger than one (1) inch in diameter andm-:u!lt hjl, "overed, wijh a: screen when in use. .' '. "".': y '.'.' '.. '.' Hi: A1i~~J'll)~tiDl~'iliaaiial mitst be clearelf'fCiPli tlllSfal1ce'offi~Ei (5)'feet:€tt:mtthe , burner wh.enusinga'burner.;'I.,,;;.,.j f: 410.20 - EXEMPTIONS. 1. Open burning of the types, and subject to the conditions as hereinafter-stated shall be exempt from the prohibitions of Section 410 of this Ordinance. Fires under managed supervision for which a burning pennit has been obtained from the Fire Chief or designee of the Fire Chief, but limited to the follow.1i1g: A. Fires purposely setfor the instruction and training of public and industriltl fire fighting personnel. B. Fires set for the elimination of a fire hazard which cannot be abated by..any other practicable means. C. Fires purposely set for forest and game management purposes. D. The burning of trees, brush, grass, and other vegetable matterin the clearing ofland, the maintenance of street, road, and highway right-of-way, and in accepted agricultural land management practices. 2. Pennits to conduct fires under this section do not excuse a person from the consequences, damages, or injuries which may result therefrom, nor exelnpt any person from regulations promulgated by the Minnesota Pollution Control ~gency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulations. 410.22 - PENALTIES Any person violating the provisions of this open burning sec shall be guil~y of a misdemeanor, and upon conviction, shall punished by a fine of up to seven hundred dollars ($700.00) and/or imprisonment for a tenn not to exceed ninety (90) days. In all cases, the violator may be held accountable for the costs of prosecution and the cost incurred from suppression oftl;1e fire. Section 2. The City Clerk shall publish this ordinance in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Hall. Section 3. This Ordinance becomes effective upon its passage and the publica- tion of its title and summary. Passed by the City Council of the City of Elk River this 6th day of March, 1995. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk , - I .a:. ""' ~ ~ em'OF ELl{RIVER PROPOSED 1~95 BURNING AREA NO BURNING ALLOWED WITHIN SHADED AREA ~/'''; ./ [Il'-:lf - , . .. (1.11'15) --I 71 ~! J I"", .~ L n I I Ld .1_ I '~I I I j I 19 P' ~ II ~ I I 1 I k\ I IJ'lI! U_ ".. J I"~ l? y ~ II: ::: I I '" I /l ;~ ---i I~I IJ- :::.,.H I ,...... I ,~ - r~ I ~ c" i'.... , II I II/~" ) './1 < u: .--~ I I l-;rl-~?~~)"~ ~'~ I \ J~~: II ~rl =, -r~ I: f~ 1,~1~~W I I [ I ~~~;l . U- U Jm>- == -i \, f1 ~'/YJtr~~' 1/ I ~~'~'::I~C I nt~rl I II ,71('- ==\~~ \ I ~ II ~~~~i\1 I : I ;IM.A1~~'~~~ll lbi~l= -- H ~.yr ~ " I I ; II I '.H -;~ l- /, (/1 I =- -- l ~ ~, f IT 1'-. 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I [ r I "-""'-",,, '~~ ~~,,";::)'.~. ~..\ I U:-n ,I-~ --'- 1>!t'R..~ \ ' I ,,1.~\"....>;-1 ~m L, I . '. 11"-- I \ T -. ~ I ~ -:: \ .~\'. . ~6.~T I rw VI' 'J,:: '-i./ f \' I ~~~J 'k 'l~ \~.J', I I 1\ ~ ~ (II?" I ~= ~-:: \\ -~I'h I ~\\ I I l~ ~ - -- [= I ~J ,-<I, -- :- I I ~\"'" ">, ~ -"'" ~ I .~~ ,\; , I' . -= "',\ I Jj , \",. ,lr - 'I ~ I' __ \\\ ~.' ,~ i '~~::--..,' 1......1 =- r ! 'I ~ ~ ,-"". _ \~ 11 I ~~~' }kZi - r. III --"'> ~'~ L ~ ,~, A I ,i;-t\I, · !I'I~ I ~'~~\ f- f1.~:t~1 ~. I .., -"" " :n118..rr/~":?\ -- . .' 'II'. _."" ~1!1 ~ ~ . ! ) [1'- _ ~ - '\ =~ ~ n ! 1 I , ~'~:n~--i-i: t l"i ~~" __--..J~ .\:. --",., - -- -- -= --- -- . -"" -"'" -- ~ [@J .:~~! . CITY OF ELK RIVER PROPOSED 1995 BlJRI\'ING AREA NO BURNING ALLOWED WITHIN SHADED AREA I -\! \ I;' CIty of ~ ;- -