4.5. SR 09-16-2002MEMORANDUM
Item #
4°5.
TO:
FROM:
Mayor and City C~/~ci~
Michele McPherso~T~Director of Planning
DATE:
September 16, 2002
SUBJECT: Approve Open Burning Ordinance and Adopt Official "No
Burn" Map for 2003
Attachments
· Ordinance No. 02-__ Relating to Section 410 of the Elk River City Code - Open
Burning
· 2003 "No Burn" Map
As discussed at the September 9th City Council meeting, staff has prepared the ordinance for
adoption repealing the existing Section 410 - Open Burning, and adopting a revised Section
410 - Open Burning. Also attached is the "No Burn" map that will be used as soon as the
ordinance becomes effective. At this time in 2003, a new map will be brought to the City
Council for adoption.
Recommendation
Staff recommends that the City Council adopt the ordinance and the official "No Burn"
map for 2003 and the remainder of 2002.
S:\PLANNING\Code Enforcement\9-16 CC memo.doc
ORDINANCE 02-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER REPEALING ALL OF THE
EXISTING SECTION 410 - OPEN BURNING, OF THE CITY CODE OF
ORDINANCES AND ADOPTING A NEW SECTION 410
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 410 titled, OPEN BURNING, of the City of Elk River Code
of Ordinances shall be repealed and a new Section 410 shall be adopted as follows: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 or
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 campfire which meets the following
requirements set forth in Section 410.02.
WOOD: 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.
410.01 - ESTABLISHMENT OF NO OPEN BURNING ZONE
The City Council, from time to time, via adoption of an official
map, shall establish a "No-Burn Zone", within which open burning
is prohibited.
410.02 - RECREATIONAL FIRES PERMITTED.
Recreational fires are permitted within the city limits of the
City of Elk River, including the "No Burn Zone". 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 Rec~uirements. 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 from any structure. Burners are not recreational fire sites
as defined herein.
2. Recreational Fire Burn Rec~uirements. 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.
410.03 - OPEN B%~I~ING PEI~MIT REQUIRED
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. A permit is not required for any fire, which is a
Recreation Fire as defined in Section 410.02.
1. Standards
e. Hours
S:~PLANNING\Code Enforcement\Ordinance.doc 2
so
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 (3) or more inches.
In the event there is snow cover of three (3) or
more inches, open burning may occur 24 hours per
day.
Issuance of Permits
Open burning permits shall be issued through the City of
Elk River, by the Fire Chief, Assistant Fire Chief, or
State Fire Warden.
A three day open burning permit may be acquired at no
charge at Elk River City Hall.
c. Special Permits
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.
Requests for Special Open Burn Permits within the "no-
burn zone" shall be made in writing to the Fire Chief
and shall detail the special circumstances warranting
the request. Open burning occurring within the "no-
burn zone" shall be at least six hundred (600) feet
from any structure.
B. Any person requestinq to burn between the hours of
8:00 a.m. and 6:00 p.m. when there is not more than three (3) or
more inches of snow cover.
C. Running fires for the purposes of veqetative
management as defined in Section 410.00.
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:
i. Residential Areas - $10.00
S:kPLANNING\Code Enforcement\Ordinance.doc 3
-- ii. Daytime hour special burn permit - $25.00
d. Prohibited Materials
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
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.
e. 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.
f. 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.
410.04 - EXEMPTIONS FROM NO BURN ZONE PROHIBITIONS.
S:XPLANNING\Code Enforcement\Ordinance.doc 4
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.
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.
410.05 - 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.
410.06 - RUNNING FIRES
Running fires are not permitted in any area of the City of Elk
River except by special permit. (See "Exemptions," Section
410.04).
410.07 - PENALTIES
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 One Thousand and no/100 Dollars
($1,000.00) and/or imprisonment for a term not to exceed ninety
(90) days. In all cases, the violator may be held accountable
S:x, PLANNING\Code Enforcement\Ordinance.doc 5
for the costs of prosecution and the cost incurred from
suppression of the fire.
law.
Section 2:
That this ordinance shall take effect upon publication as provided by
Passed and adopted by the City Council of the City of Elk River this 16th day of September,
2002.
ATTEST:
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk
S:~PLANNING\Code Enforcement\Ordinance.doc 6
CITY OF ELK RIVER
2002 BURNING MAP
NO BURNING WITHIN
~ NO BURNING
BOUNDARY
l iver
T ! T T