ORD 02-012ORDINANCE 02-12
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER REPEALING ^!.1. 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 rifled, 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of Ordinances shall be repealed and a new Section 410 shall be adopted as follows: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.
410.04 - OPEN BURNING PERMIT 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
A. Hours
S:\PLANNING\Code Enforcement\Ordinance.doc 2
ii.
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.
2. 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.
3. S~ecial 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 requesting 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 vegetative
management as defined in Section 410.00.
4. S~ecial O~en Burn Permit A~lication 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.
Permits are as follows:
The fees for Special Burn
Residential Areas - $10.00
Daytime hour special burn permit - $25.00
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5. 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.
6. Denial of O~en 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.
7. Revocation of O~en 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.
410.06 - EXEMPTIONS FROM NO BURN ZONE PROHIBITIONS
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.
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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.
410.08 - 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.
410.10 - RUNNING FIRES
Running fires are not permitted in any area of the City of Elk
River except by special permit. (See "Exemptions," Section
410.06).
410.12 - 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
for the costs of prosecution and the cost incurred from
suppression of the fire.
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Section 2. That this ordinance shall take effect upon publication as provided by
hw.
Passed and adopted by the City Council of the City of Elk River this 16~ day of September,
2002.
Stephanie Klinzing
Mayor
ATTEST:
Sandra A. Peine
City Clerk
S:\ADMIN\Ordinances\2002 Ordinances\02-012.doc 6
Affidavit f Publication
of
0 . C 7 O R STATE OF MINNESOTA )
AN ORDINANCE OF THE )ss.
CITY OF ELK RIVER, COUNTY OF SHERBURNE)
REPEALING ALL OF THE
titISTING SECTION 410- L-7/.2_ ,
OPEN BURNING,OF THE
CITY CODE OF °4-.4 e' / l,11/1 ,
ORDINANCES AND being duly sworn, on oath says that he/she is the publisher
ADOPTING A NEW SECTION
410 or authorized agent and employee of the publisher of the
The City Council of the City of
Elk River does hereby ordain as newspaper known as the Elk River Star News, and has full
follows: knowledge of the facts which are stated below:
Section 1. Section 410 titled,
OPEN BURNING, of the City of A) The newspaper has complied with all the
Elk River Code of Ordinances
shall be repealed and a;new requirements constituting qualification as a qualified
Section 410 shall be adopted as fol-
lows: newspaper, as provided by Minnesota Statute 331A.02,
CTION 410 OPEN BURN-
ING. 331A.07, and other applicable laws, as amended.
410.00-DEFINITIONS B) The printed d1-2A//'L C.2—/Z
CAMP FIRE:A fire set for cook-
ing, warming,or ceremonial pur-
poses, which is not more than
three(3)feet in diameter by three which is attached was cut from the columns of said
(3) feet high,(5)and from had the newspaper, and was printed and published once each
ground five(5)feet from the base P P
of the fire cleared of all com- week, for 1 successive weeks; it was first published
bustible material.
OPEN FIRE: "Open Fire".or on Wednesday, the " day of Oc . ,
"Open Burning"shall mean a fire
burning in matter, whether con- 20 62/, and was thereafter printed and published every
centrated or dispersed, which is Wednesday to and including Wednesday, the
40 not contained within a fully Y g
enclosed fire box, structure or day of , 20 ; and printed below
vehicle,and from which the prod-
ucts of combustion are emitted is a copy of the lower case alphabet from A to Z, both
directly to the open atmosphere
without passing through a stack, inclusive, which is hereby acknowledged as being the size
duct,or chimney.
RUNNING FIRE: An attended and kind of type used in the composition and publication
fire that is allowed to spread of the notice.
through surface vegetative materi-
als under controlled conditions.
Its purpose is that of vegetative
management,forest management, abcdefghiik1mnopgrstuvwxyz
game habitat management or agri-
cultural improvement. L!J"'STARTE R FUELS:Dry,entreat BY: iii�__
ed, unpainted wood or charcoal �n ,�/
fire starter. Paraffin candles and TITLE: CSC" et?C�/ /`l AJ e'I^
alcohols are permitted as starter
fuels and as aids to ignition only.
Propane gas torches or other clean "44'
gas burning devices causing mini- Subscribed and sworn to before me on this day of
mal pollution must Ice used to 20 O 2• •
start on open fee `", QINDY M. SCHIMINSKI
RECRXA'nO FIRE: A �4 ¢ NOTARY PUBLIC- I NESO
campfire white the follow- �xym •m . . 31,
ing r W forth in ,1�.r.414 ' .744.-A �wv:
Section
WOODterslitetta Mel only such Notary Publi
as twiggy,illititAW4 limbs, "presto
logs", cheme4 cordwood or
untreated actlekshgnal lumber.. RATE INFORMATION
Wood deer n i i i wood that is
green,with b erm or needles,rot- (1) Lowest classified rate paid by
ten, wet, oil soaked, or treated I a (�c
with paint,glue,or preservatives. commercial users for comparable space $ / 4 7
• Clean pallets may be used for
recreational fires when cut into (2) Maximum rate allowed by law for
three(3)foot lengths. the above matter $ 9., --?.../3--
410:01-ESTABLISHMENT OF
NO OPEN$.URNING ZONE (3) Rate actually charged for the
The City'Council, from time to (�- C
time, via adoption of an official above matter $ /J )i).>
map, shall establish a "No-Burn
Zone",within which open burning
is prohibited.
410.02 RECREATIONAL and shall detail the special cir-
cumstances warranting the 410.06 EXEMPTIONS FROM
FIRES Recreational P Tonal fires permitted request. Open burning occurrinf 4 BURN ZONE PROHIBI-
ithin t the Fit limits are pe zone"shall b NO Elkin the city including tof he the City of within the no burn 1.Open burning of the types,and
Zln ".Recreational including the"Na Burn frat om least six c hundred (600) feet ,e s,'.Op no the burning of as here-
require Zone".24 hours fires and take from any person requesting to burn ct stated shall be s here-
r qui a hours per day ngd er not B.Any P i, the prohibitions of Section
IP
require an open burning permit. between the hours of 8:00 a.m.and
Recreational fires must meet the 6:00 p.m.when there is not more 410 of this Oohibance•
following requirements: than three (3) or more inches of Fires h under managed super
e. Recreation Fire Site snow R cover. fires for the purposes sion for which a burning permit
Requirementn C.Running emeriti as has been obtained from the Fire
An area of no more than a three of vegetative Section 410. Chief or designee of the Fire Chief,
(3o foot diameter of circle(measured Special in l Opn 1Burn Permit but limited to the following:
vial OP A. Fires purposely set for the
from r) inside of the fire dig or Application Procedure.
border)non-combustible ndr non sin by ApP applicant must contact instruction and training of public
and industrial fire fighting person-
of or domp producing and non-smoke e F The aPP designee of the and
or odor al rock,ce cement,brick,either the ChieChief,and schedule a prelims- l Fires set for the elimination of
or or natural rock,cement,Bonk,ale, site inspection to locate the a fire hazard, which cannot be
which ich re ferrous metal depressed b.and proposed op abated h by any rich practicable
r un d son is below Bburns site.shall take place means.
ground,bed. the Included ground, or on a it ou burning obtained a sel set for forest
raised utd. Included ure perma- without first having C.Fires purposely pent outdoor wood burning s fire Special Open length o Permit. Burn and game management of Special D. The burning of trees, brush,
not be, o ca ed closer fire sites shall PeC.rmit it s shall be grass,and other of trees,marsh,
not from any closer then fifty Burners by Chet shell hi-f or gr the and oth of land,the
feet not any recreational fire Bees as ire Chief.Chief or designee of the trance clearing
street,road,,thl ' a,. F'maints-
are not recreational fire sites as Fire Special Burn Permit Fee. The way,and in we defined herein. Special Burn
2. Recreational Fire Burn fees for a cultural land management ice-
Requirements. Permits are as follows:$10.00 When a camp fire is used for i.Residential Areas--10.0 burn 2.Permits to conduct.purposes, it must be ii. Daytime hour special this section do not excuse a wean
igrecreational
ited n with purpo $25.00 this the consequences,noxcus
ignited using an approved clean wood;d; pro- permit- from
injuries which c result fluid.ng little l dry, clean wood; pro, I.Prohibited ilgto Materials any time:during little detectable smoke, AIt.is illegal to burnastics, chemi- from,nor exempt any ***
odor, or soot beyond the property A. Oils, rubber, p lations promulgated .iny the
line;conducted with an adult tend- rally treated materials, or other regulations-
Pollution- -Vastest
ing the fire at all times; extin- materials that produce excessive Agency any other goys
guished completely before quitting or noxious smoke; unit a rig juri.a+diction in neat-occasion; and respecting B.Hazardous waste materials teas of pollution or fire hazard>
weather conditions, neighbors, C. Burnable building
burning bans,•and air quality so from demolition of a commercial or %ilatione•.
4tions-BURNING BAN A
hat nuisance health or safety has- institutional structure (farm QUALITY ALERT arils will not be created. Mobile buildings,are not commercial). QUALITY
camp or recreational lbce or
cooking devices such c manufac- D. from an industrial r enu- open burn will be permitted
tared ok hibachis,a charcoal grills, fact from..an the City or Department of Natural when
propane or sat- factoring Process,or from a service has officially declared a
wood smokers,
gas d e ices are p P sal- burning ban due to potent3la declared oral gor recreational e at are not defined,san as or commercial vehicles or conduct bar lira conditions or whelks
camp ve by this ordinance.fires,and are E. operations t by ope brning; ardous Pollution Control he
not covered OPEN this ordinance. gage Garbage from the handling,
410.04 OPEN BURNING PER- o F. scion storage, preparation, Agency has declared an Air
recession, tion of food. Quality�e�'
MIT N person shall start or allow procession,
or consumption uality -Alert.RUNNING FIRES
any open burning on any property G.Painted or treated wood. g Running fires are not permitted
in the City of Elk River without 6. Denial of Open in any area of the City of Elk t River
Burn having obtained permit Open Permit criteria for the except by special permit. (See
Burn Permit. A:fire, h not If established oan n burning per- "Exemptions,"Section 410.06).;
required for any fire, which is a issuance of during review 410.1 -PENALTIES
Section 410.02.Fire as defined in lilt a i ';,n it is deter- Any person violating the provi-
1. signs of this open burning section
Section
of 4�,,i.,,„< ical alternative shall be guilty of a misdemeanor;
1.Standards of the material and upon conviction,shall beanor,
i.Hour me a n or nuisance fished ony conviction,
fine of n ` be'pur-
i.Open burning is of 6:00 pm. exist' a Vault, then the 4 One
pun-
ted 00 a.m.txxcept when e th there is Fond Mli�wee of the Fire 'Tho d arid'"n imprisonment
towa.m.,of three when or more ie_ Fire y o en burning ($1,000.00)' and/or>imp
cover of three (3) or more` Chief ll tlsU p for a term not to exceed ninety(p0)
iriclies• permit, days. In all cases,the violator may
7. of Open Burning ld accountable for the costs of
ii. In the. event o or is snow ;cu a c and the cost touts of
cover u three (3) occur more inches, Permit Permit issue- suppression the fire.
r e
sub-
per burning may occur 24 hours The Open Burning from supp
per day ject to revocation at the discretion Section 2. That this ordinance
o£P e of the City Fire Chief,or designee shall take effect upon publication
OIsnub 11 ti law.
Open burning- permits sktah. of the Fire Chief. Reasons for rev- as provided by
the City of Elk Passed and adopted by the City
Rive, through y ovation include,but are not limited Council a the City of Elk River
River,by f,or Fire Chief,Assistant to: a fire hazard existing or revel- 16th day the September, River
Fire Chief,or State Fire Warden• opine during the course of the
A three day open burning permit burn,any of the conditions of the Stephanie September,2002.
permit being violated during the Mayor
may be acquired at no charge at durinon or u.
Elk River City Hall. course of the burn, P Adra A.Ferric
A
3.Special Permits nuisance conditions developing Cite Clerk
A Special Open Burn Permit is during the course of the burn,or a v
required for open burning in the
fire smoldering with no flame (Oct2)
following circumstances: present_ ___
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
.„.,ao in writinst to the Fire Chief