3.7. SR 12-01-2008Elk REQUEST FOR ACTION
River
To Item Number
Ci Council 3.7.
Agenda Section Meeting Date Prepared by
Consent December 1, 2008 Tina Allard, Ci Clerk
Item Description Reviewed by
Ordinance Amendment to Section 22-105 Relating to Prohibited Bruce West, Fire Chief
Burning of Certain Materials Reviewed by
Action Requested
Motion to adopt ordinance relating to prohibited burning of certain materials.
Background/Discussion
Per state law, the burning of leaves is prohibited unless specifically adopted by city ordinance to allow it.
The City of Elk River has not allowed the burning of leaves and our current ordinance is vague in
specifically stating that this material can't be burned; therefore, it should be updated.
A statutory city outside the Twin Cities metro area may allow the open burning of leaves but would need
to adopt an ordinance specifically allowing the practice. This ordinance has certain criteria, that would
need to be met such as conditions to m;nimi7e air pollution, fire danger, or any other hazard and nuisance
concerns. Copies would also need to be provided to the DNR and MPCA.
Staff would recommend the City continue the practice of not allowing the burning of leaves and grass
clippings as Elk River is a growing city and numerous complaints are received each year during the
burning seasons regarding the odor and smoke caused from the burning of these types of materials.
Financial ImRact
N/A
Attachments
^ Draft Ordinance
Action Motion by Second by Vote
Follow Up
S:\Council\open Bum Memo.doc
ORDINANCE 08-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 22-105 RELATING TO PROHIBTED BURNING OF CERTAIN
MATERIALS OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Stril~gks to be removed
Underlines to be added
Section 1. Section 22-105 titled, Prohibited Materials, of the City of Elk River
Code of Ordinances shall be amended to read as follows:
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.
(7) Painted or treated wood.
.(~ Any leaves or grass clippings
Section 2. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 1ST day of
December, 2008.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\Ordinances\Open Burning.DOC