5.7. SR 05-15-1995~~r ~~
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ity of ~~
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River
TO:
FROM:
DATE:
ITEM 5 •~
MEMORANDUM
Mayor and City Council
Sandra Thackeray, City Clerk
May 15, 1995
SUBJECT: Amendment to City's Open Burn
Ordinance
INTRODUCTION
On March 6, 1995, the City Council adopted an ordinance which completely
amended the city's open burn ordinance. Since that amendment, it has been
brought to staff's attention that there are a few minor revisions required to
the amended ordinance.
• BACKGROUND
Attached to this memo is a copy of the proposed ordinance amendment. The
two main revisions to this ordinance are as follows:
1. Sections 410 02 and 410.08 relating to "hours of open burning."
This amendment will allow open burning from 6:00 p.m. to 8:00 a.m.
The existing ordinance allows open burning from 6:00 p.m. to 6:00 a.m.
This revision keeps the city's regulations consistent with the DNR
opening burning regulations.
2. Section 410.01 relating to "recreation fires."
This amendment better explains the provisions of recreational fires
such as where and when they can take place.
ACTION REQUESTED
Council motion to adopt ordinance 95- ,amending the city's open burn
ordinance.
• s:\council\burnmemo.doc
13065 Orono Parkway • P.O. Box 490 • Elk River, MN SS330 • (612) 441-7420 • Fax: (612) 441-7425
• ORDINANCE 95-
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 410
OF THE CITY OF ELK RIVER CODE OF ORDINANCES
RELATING TO OPEN BURNING
The City Council of the City of Elk River does hereby
ordain as follows:
Section 1: Section 410.00 of the Elk River Code of
Ordinances is hereby amended to 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 e€ car
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.
STARTER FUELS: 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.
RECREATIONAL FIRE: A camp fire which meets the following
requirementsy set forth in Section 410 O1.
• WOOD• Dry clean fuel onl~r such as twigs branches limns
"presto logs,,, charcoal cordwood or untreated dimensional
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• lt~mher~ 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__r~creational fires
w
410.01 - RECREATIONAL FIRES PERMITTED.
Recreat~ona~ fires are permitted within the city limits of the
Git~r of Elk River including the "No Burning" areas within the
cry Recreational fires can take place 24 hours per day and do
not reduire an open burning`~ermit Recreational fires must meet
the following requirements:`
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.
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• 410.02 - OPEN BURNING PERMITS
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• 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.
3. Hours of Open Burning. Open burning is only permitted
between the hours of 6:00 p.m. to 5-:-9-68:00 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.
4. Qve^ Burnin~q Permit Not Rewired 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. Qpen Burning Permits are available in two fo*-~ns:
• 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 open burning
areas is available at Elk River City Hall).
410 06 - PROHIBITED MATERIALS
1. It is illegal to burn at any time:
A. Oils, rubber, plastics, chemically treated materials,
or other materials that produce excessive or noxious smoke;
B. Hazardous waste
•
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• 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
1. ~necial 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
b-:--~A~8:00 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 Annlication 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. ~necial Burn Permit Fee. The fees for Special Burn
Permits are as follows:
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
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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.
•
•
4.12
• 410.14 - 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 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.
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
o f 6: 0 0 p. m. and 6-:-0-~8 : 0 0 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.
4.13
•
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.
c:
•
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.
2. Permits to conduct
person from the conseque
result therefrom, nor ex
promulgated by the Minne
other governmental unit
pollution or fire hazard
410.22 - PENALTIES
fires under this section do not excuse a
nces, damages, or injuries which may
empt any person from regulations
sota Pollution Control Agency or any
exercising jurisdiction in matters of
regulations.
Any person violating the provisions 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.
4.14
c:
Section 3. This ordinance becomes effective upon its passage and
publication.
Passed by the City Council of the City of Elk River this 15th day of
May, 1995.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
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