ORD 22-07Of
ver
Ordinance 22-07
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An Ordinance Amending Chapter 22, Article IV, Open Burning to the City of Elk
River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That Chapter 22, Article IV, Open Burning, to the City of Elk River Code of
Ordinances shall be amended to read as follows:
ARTICLE IV. OPEN BURNING'
DI VISION 1. GENERALLY
Sec. 22-101. Definitions. The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
y different meaning:
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Campfire means a fire set for cooking, warming, or ceremonial purposes, which is not more
than three feet in diameter by three feet high, and has had the ground five feet from the base of the
fire cleared of all combustible material.
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 or vehicle, and from
which the products of combustion are emitted directly to the open atmosphere without passing
through a stack, duct, or chimney.
Recreational fire means a campfire which meets the following requirements set forth in section
22-104.
Running fire means 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.
'Editors 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 No. 02-12, § 1, adopted Sept. 16, 2002, repealed the former Art.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. Was set out herein. The former Art. IV pertained to similar 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, Minn. Stats. § 88.02 et seq.
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Starterfuels means dry, untreated, unpainted wood 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 on open fire.
Food means 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-foot lengths.
(Ord. No. 02-12, § 1(410.00), 9-16-2002)
Cross reference(s)—Definitions generally, 5 1-2.
Sec.22-102. Reserved
(Ord. No. 02-12, § 1(410.01), 9-16-2002)
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 which a burning permit has been obtained from the fire
chief or designee of the fire chief, but limited to the following:
(1) Fires purposely 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 any other
practicable means.
(3) Fires purposely set for forest and game management purposes.
(4) 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.
(b) Permits to conduct fires under this section do not excuse a person from the consequences,
damages, or injuries which may result therefrom, not 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.
(Ord. No. 02-12, § 1(410.06), 9-16-2002)
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Sec. 22-104. Recreational fires permitted.
Recreational fires are permitted within the city limits. Recreational fires may take place 24 hours per
day and do not require an open burning permit. Recreational fires must meet the following
requirements:
(1) Recreation fire site requirements. An area of no more than a three-foot diameter 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.
Recreation fire sites shall not be located closer 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 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 article.
(Ord. No. 02-12, § 1(410.02), 9-16-2002)
Sec. 22-105. Prohibited materials.
It is illegal to burn at any time:
(1) Oils, rubber, plastics, chemically treated materials, or other materials that produce 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 by open burning.
(6) Garbage from the handling, procession, storage, preparation, serving, or consumption of
food.
Q(7) Painted or treated wood.
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(8) Any 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 officially declared a burning ban due to potentially hazardous fire conditions or
when the Minnesota Pollution Control Agency has declared an air quality alert.
(Ord. No. 02-12, § 1(410.08), 9-16-2002)
Sec. 22-107. Running fires.
Running fires are not permitted in any area of the city except by permit. (See "exemptions,"
section 22-103).
(Ord. No. 02-12, 5 1(410.10), 9-16-2002)
Sec. 22-108. Penalties.
Any person violating the provisions of this article shall be guilty of a misdemeanor, and upon
conviction, shall be punished by a fine of up to $1,000.00 and/or imprisonment for a term
not to exceed 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.
Ord. No. 02-12, § 1(410.12), 9-16-2002)
Secs. 22-109-22-130. Reserved.
DIVISION 2. PERMITS
Sec. 22-131. Open burning permit required.
No person shall start or allow any open burning on any property in the city without first having
obtained an open burn permit. A permit is not required for any fire, which is a recreation fire
as defined in section 22-104.
(1) Standards.
a. Hours.
1. Open burning is only permitted between the hours of 6:00 p.m. to 8:00 a.m.,
except when there is snow cover of three or more inches.
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2. In the event there is snow cover of three or more inches, open burning may
occur 24 hours per day.
(2) Issuance ofpermits. Open burning permits shall be issued through the city, by the fire chief or
designee of the fire chief.
A three day open burning permit may be acquired at Elk River City Hall after a compliance
inspection and a paid permit fee.
(Ord. No. 02-12, § 1(410.04(1)(2)), 9-16-2002)
Sec.22-132. Reserved
(Ord. No. 02-12, 5 1(410.04(3)), 9-16-2002)
Sec. 22-133. 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 an open burn permit.
(c) An extended length of the burn permit shall be determined by the fire chief or
designee of the fire chief.
(Ord. No. 02-12, § 1(410.04(4)), 9-16-2002)
Sec. 22-134. Denial.
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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.
(Ord. No. 02-12, § 1(410.04(6)), 9-16-2002)
Sec. 22-135. Revocation.
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.
(Ord. No. 02-12, 5 1(410.04(7)), 9-16-2002)
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 by the City Council of the City of Elk River this 21st day of March, 2022.
i
J 0h J. ietz, Ma
ATTESTv° .
Tina Allard, City Clerk
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Karen Nelson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 03/26/2022 and the last
insertion being on 03/26/2022.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:-4 " `-3-i. 1'1--1
Designated Agent
Subscribed and sworn to or affirmed before
me on 03/26/2022 by Karen Nelson.
Notary Public
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DARLENE MARIE MACPHERSON
NOTARY PMUC - MINNE3 WA
MY 0001016111110 BON dart31, 2021
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CITY OF ELK RIVER
RESOLUTION 22-17
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 City Council adopted
Ordinance 22-07 Amending Chap-
ter 22, Article IV approving an ordi-
nance amending the Open Burning
process; and
WHEREAS, the ordinance de-
scribes the open burning proce-
dures in accordance with the stan-
dards outlined in Chapter 22; and
WHEREAS, a copy of the full text
of the ordinance is available for in-
spection by any person at the office
of the Elk River City Clerk, 13065
Orono Parkway, during regular
business hours.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council, by at
least four -fifths vote, authorizes the
publication of the title and summa-
ry of Ordinance 22-07.
The motion for adoption of the fore-
going resolution was introduced by
Councilmember Wagner and was
duly seconded by Councilmember
Westgaard, and upon vote being
taken thereon, the following voted
in favor thereof: Acting Mayor Bey-
er, Counclmembers Christianson.
Westgaard. and Wagner and the
following against: none, whereupon
said resolution was declared duly
passed and adopted.
The following members were
present: Acting Mayor Beyer,
Councilmembers Christianson.
Westgaard. and Wagner and the
following absent: Mayor John Di-
etz.
Passed and adopted this 21 st day
of March, 2022.
John J. Dietz, Mayor
ATTEST
Tina Allard, City Clerk
Published in the
Star News
March 26, 2022
1214954
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