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4.4 SR 03-21-2022Request for Action To Item Number Ma Tor and CinT Council 4.4 Agenda Section Meeting Date Prepared by Consent March 21, 2022 Jeff Smith, DeputyT Fire Marshal & CommunityT Risk Reduction S ecialist Item Description Reviewed by Ordinance Amendment: Open Burning Mark Dickinson, Fire Chief Reviewed by Peter Beck, CityT AttorneyT Cal Portner, Ci r AdmitustratoY Action Requested Adopt, byT motion, an ordinance amending Chapter 22, Article IV, Open Burning. Adopt, b�T motion, a resolution authorizing summary publication of the Open Burning ordinance. Background/Discussion The proposed ordinance amendment provides updates to the open burning ordinance Chapter 22, Article IV. This update matches the updated state requirements for open burning. These changes will simplifyT the process for applyTing and receiving a burn permit, this includes an inspection of the site before an approved permit is issued. Financial Impact None Mission/Policy/Goal Help, not hinder citizen qualityT of life Attachments ■ Ordinance ■ Summar�T Publication Resolution The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 ���� Up�iited.• August 2020 ��r�� to be removed Unde�lines to be added City of ver Ordinance 22-07 An Ordinance Amending Chapter 22, Article IV, Open Burning to the City of Elk River, Minnesota, City Code The City Council of the CityT of Elk River does hereb�T ordain as follows: SECTION 1. That Chapter 22, Article IV, Open Burning, to the CityT of Elk River Code of Ordinances shall be amended to read as follows: ARTICLE IV. OPEN BURNING 1 DIVISION 1. GENEAALLY Sec. 22-101. Definitions. The follo�ving words, terms and phrases, `vhen used in this article, shall have the meanings ascribed to them in this section, except where the context clearlyT indicates a different meaning: Ca1np fi�e means a fire set for cooking, warming, or ceremonial purposes, which is not more than thYee feet in diameteY by thYee feet high, and has had the gYound five feet from the base of the fire cleared of all combustible material. Open fize or open l�urning shall mean a fire burning in matter, whether concentrated oY dispersed, which is not contained `vithin a fullyT enclosed fire box, structure or vehicle, and from which the products of combustion are emitted directlyT to the open atmosphere without passing through a stack, duct, or chimneyT. 22-104. Becreational fire means a campfire which meets the following requirements set forth in section Aunning fi� e means an attended fire that is allowed to spread through surface vegetative materials undeY controlled conditions. Its purpose is that of vegetative management, foYest management, game habitat management or agricultural improvement. �Editor's note(s)—Ord. No. 02-12, � 1, adopted Sept 16, 2002, repealed the former Art IV, �� 22-101-22-134, and enacted a new Art N as set out herein. The foimer tict IV pertained to siinilar subject matter and derived from Code 1982, �� 410.00— 410.02, 410.04, 410.06, 410.08, 410.10, 410.12, 410.16, 410.18, 410.20. State law reference(s)—Wildfire Act, iVlinn. Stats. � 88.02 et seq. PONEREO ar ������ ��r�� to be removed Unde�lines to be added Sta�7er fuels means dry, untreated, unpainted wood or charcoal fire starteY. PaYaffin 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. 1�ood means dryT, clean fuel onlyT such as twigs, branches, limbs, "presto logs", charcoal, cord`vood or untreated dimensional lumber. Wood does not include wood that is green with leaves oY needles, rotten, wet, oil soaked, oY treated with paint, glue, oY preservatives. Clean pallets may be used for Yecreational fires when cut into three-foot lengths. �ora. No. oz-1z, � 1�410.00�, �-1�-zooz� Cross reference(s)—Definitions generallyT, � 1-2. Sec.22-102. Reserved �oYa. No. oz-1z, � 1�410.01�, �-1�-zooz� Sec. 22-103. prohibitions. (a) Open burning of the types, and subject to the conditions as hereinafter stated shall be exempt from the prohibitions of this article. Fires under managed supervision for `vhich a burning permit has been obtained from the fire chief or designee of the fire chief, but limited to the follo`ving: (1) Fires purposel�T set for the instruction and training of public and industrial firefighting personnel. (2) Fires set for the elimination of a fire hazard, which cannot be abated by anyT other practicable means. (3) Fires purposely set for forest and game management puYposes. (4) The burning of trees, brush, grass, and other vegetable matter in the clearing of land, the maintenance of street, road, and highwayT right-of-wayT, and in accepted agricultural land management practices. (b) Permits to conduct fires under this section do not excuse a person from the consequences, damages, or injuries `vhich mayT result therefrom, nor exempt anyT person from regulations promulgated byT the Minnesota Pollution Control AgencyT or anyT other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulations. �ora. No. oz-1z, � 1�410.0��, �-1�-zooz� rowEREo ar ���V�� ��r�� to be removed Unde�lines to be added Sec. 22-104. Recreational fres permitted. Recreational fires are permitted within the cityT limits. Recreational fires mayT take place 24 hours per da�T and do not require an open burning permit. Recreational fires must meet the follo`ving requirements: (1) Recreation fire site requirements. An area of no more than a three-foot diameteY circle (measured from the inside of the fire ring or border) completely surrounded by noncombustible and nonsmoke 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 fireplaces. RecYeation fire sites shall not be located closeY than 25 feet from any structure. Burners are not recreational fire sites as defined herein. (2) Recreational fire burn requirements. When a campfire is used for recreational purposes, it must be ignited `vith an approved starter fluid using dry, clean wood; producing little detectable smoke, odor, or soot be�rond the propert�T line; conducted �vith an adult tending the fire at all times; extinguished completelyT before quitting the occasion; and respecting ��eather conditions, neighbors, burning bans, and air quality so that nuisance health or safety hazaYds will not be cYeated. Mobile cooking devices such as manufactured hibachis, chaYcoal grills, wood smokers, and propane or natural gas devices are not defined as camp or recYeational fires and aYe not covered btir this article. �ora. No. oz-1z, � 1�41o.oz�, �-1�-zooz� Sec. 22-105. Prohibited materials. It is illegal to burn at anyT time: (1) Oils, rubber, plastics, chemically treated materials, or otheY materials that pYoduce excessive or noxious smoke. (2) Hazardous waste. (3) Burnable building materials from demolition of a commercial or institutional structure (farm buildings are not commercial). (4) Industrial solid waste generated from an industrial or manufacturing process, or from a service or commercial structure. (5) Motor vehicles or conduct salvage operations byT open burning. (6) Garbage from the handling, procession, storage, preparation, serving, or consumption of food. (7) Painted oY treated wood. rowEREo ar ���V�� ��r�� to be removed Unde�lines to be added (8) AnyT leaves or grass clippings. (Ord. No. 02-12, � 1(410.04(5)), 9-16-2002; Ord. No. 08-18, � 1, 12-1-2008) Sec. 22-106. Burning ban or air quality alert. No camp or recreational fire or open burn will be permitted when the city or department of natural resources has officiallyT declared a burning ban due to potentiallyT hazardous fire conditions or when the iVlinnesota Pollution Control Agency- has declared an air qualityT alert. �ora. No. oz-1z, � 1�41o.og�, �-1�-zooz� Sec. 22-107. Running fres. Running fires aYe not peYmitted in any aYea of the city except by peYmit. (See "exemptions," section 22-103). �ora. No. oz-1z, � 1�410.10�, �-1�-zooz� Sec. 22-108. Penalties. Any person violating the provisions of this article shall be guiltyT of a misdemeanor, and upon conviction, shall be punished b�T a fine of up to �1,000.00 and/or imprisonment for a term not to exceed 90 dayrs. In all cases, the violatoY ma�r be held accountable foY the costs of prosecution and the cost incurred from suppression of the fire. OYd. No. 02-12, � 1(410.12), 9-16-2002) Secs. 22-109-22-130. Reserved. DIVISION 2. PE�VIITS Sec. 22-131. Open burning permit required. No person shall start or allo`v anyT open burning on anyT propertyT in the cityT `vithout first having obtained an open burn permit. A permit is not required for anyT fire, `vhich is a recreation fire as defined in section 22-104. (1) StandaYds. a. Hours. Open burning is only- permitted bet�veen the hours of 6:00 p.m. to 8:00 a.m., except when there is sno`v cover of three or more inches. rowEREo ar ���V�� ��r�� to be removed Unde�lines to be added 2. In the event there is snow cover of three or more inches, open burning mayT occur 24 hours per dayT. (2) Issuance ofpeT7nits. Open burning permits shall be issued through the cit�J, by the fire chief or designee of the fire chief. A three dayT open burning permit ma�T be acquired at Elk River CityT Hall after a compliance inspection and a paid permit fee. �oYa. No. oz-1z, � 1�410.04�1��z��, �-1�-zooz� Sec.22-132. Reserved �oYa. No. oz-1 z, � 1�410.04�3��, �-1 �-zooz� Sec. 22-133. Open burn permit application procedure. (a) The applicant must contact the fire chief, oY designee of the fire chief, and schedule a pYelirnivar�r site inspection to locate the pYoposed burn site. (b) No burning shall take place without first having obtained an open burn permit. (c) An extended length of the burn permit shall be determined byT the fire chief or designee of the fire chief. �oYa. No. oz-1z, � 1�410.04�4��, �-1�-zooz� Sec. 22-134. Denial. rowEREo ar ���V�� ��r�� to be removed Unde�lines to be added If established criteria for the issuance of an open burning permit are not met, or during review of said application, it is deteYmined that a pYactical alteYnative method of disposal of the material e�sts, oY a pollution oY nuisance condition would result, then the fire chief, oY designee of the fire chief may- denyT the open burning permit application. �ora. No. oz-1z, � 1�410.04����, �-1�-zooz� Sec. 22-135. Revocation. The open burning permit is subject to revocation at the discretion of the cit�r fire chief, or designee of the fire chie£ Reasons for revocation include but are not limited to: a fire hazard e�sting 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 `vith no flame present. �oYa. No. oz-1z, � 1�410.04�7��, �-1�-zooz� Secs. 22-136-22-160. Reserved. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted byT the CityT Council of the CityT of Elk River this 21st dayT of March, 2022. John J. Dietz, MayroY ATTEST: Tina Allard, City Clerk rowEREo ar ���V�� City of Elk -T River Resolution 22- I 7 A Resolution of the City of Elk River Approving Notice of Summary Publication of Ordinance #22-07 An Ordinance Amending Open Burning WHEREAS, on March 21, 2022, the Elk River CityT Council adopted Ordinance 22-07 Amending Chapter 22, Article IV approving an ordinance amending the Open Burning process; and WHEREAS, the ordinance describes the open burning procedures in accordance with the standards outlined in Chapter 22; and WHEREAS, a copyT of the full text of the ordinance is available for inspection b�T an�T person at the office of the Elk River CityT Clerk, 13065 Orono Parktiva�T, during regular business hours. NOW, THEREFORE, BE IT RESOLVED b�r the CityT Council, byT at least four-fifths vote, authorizes the publication of the title and summar�r of Ordinance 22-07. The motion for adoption of the foregoing resolution was introduced b�r Councilmember and was dul�r seconded b�T Councilmember , and upon vote being taken thereon, the following voted in favor thereo£ and the following against: , whereupon said resolution �vas declaYed duly passed and adopted. The following members were present: and the following absent: Passed and adopted this 21st dayr of MaYch, 2022. John J. Dietz, Mayor ATTEST: Tina Allard, CityT Clerk rowEREo er ���V��