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<br />ORDINANCE 95- 5
<br />CITY OF ELK RIVER
<br />AN ORDINANCE OF THE CITY OF ELK RIVER, MINNESOTA,
<br />REPEALING SECTION 206.38, OPEN BURNING, AND ENACTING A
<br />NEW SECTION 410 IN LIEU THEREOF RELATING TO THE SAME
<br />SUBJECT ENTITLED - OPEN BURNING
<br />The City Council of the City of Elk River does hereby ordain as follows:
<br />Section 1: That Section 206.38 of the Elk River City Code, defined as "Open
<br />Burl is repealed and new Section 410 - Open Burning is adopted in lieu thereof
<br />and _ . read as follows:
<br />SECTION 410 - OPEN BURNING.
<br />410.00 - DEFINITIONS
<br />CAMP FIRE: A fire set for cooking, warming, or ceremonial purposes, which is
<br />not more than three (3) feet in diameter by three (3) feet high, and has had the
<br />ground five (5) feet from the base of the fire cleared of all combustible material.
<br />OPEN FIRE: "Open Fire" or "Open Burning" shall mean a fire burning in matter,
<br />whether concentrated or dispersed, which is not contained within a fully enclosed
<br />fire box, structure of vehicle, and from which the products of combustion are
<br />emitted directly to the open atmosphere without passing through a stack, duct, or
<br />chimney.
<br />RUNNING FIRE: An attended fire that is allowed to spread through surf~ce
<br />vegetative materials under controlled conditions. Its purpose is that ofv~getative
<br />management, forest management, game habitat management or agncultural
<br />improvement.
<br />STARTER FUELS: Dry, untreated, unpainted wood or charcoa~ fire ~t8!J:er;
<br />Paraffin candles and alcohols are permitted as starter fuels and as aids to Ignition
<br />only. Propane gas torches or other clean gas burning devices causing minimal
<br />pollution must be used to start on open fire. .
<br />RECREATIONAL FIRE: A camp fire which meets the following reqUlrements:
<br />1. Recreation Fire Site Requirements. An area of no more than a three (3) foot
<br />diameter circle (measured from the inside of the fire ring or ?order) co~pl~tely
<br />surrounded by non-combustible and non-smoke or odor producmg maten~l either
<br />of natural rock, cement, brick, tile" or block of ferrous me~l only and which area
<br />is depressed below ground, on the ground, or on .a ~alsed bt:d. Included are
<br />pennanent outdoor wood burning fire places. Recreation fire,sltes sha.ll not be
<br />located closer than fifty (50) feet of any structure. Burners are not recreational fire
<br />sites as defined herein. . .
<br />2. Recreational Fire Burn Requirements. When a camp fire:s u~ed for recre-
<br />ational purposes, it must be ignited with an aJ?proved starter flUld usmg dry, cl~a~
<br />wood; producing little detectable smoke, odor, or .soot bey~nd t~e property lme,
<br />conducted with an adult tending the fire at all times; extmgmshed completely
<br />before quitting the occasion; and respecting weather conditions, neighb~rs, burn-
<br />ing bans, and air quality so that nuisance health or saf~ty h~zards Wlll no~ be .
<br />creatprt. Mobile cooking devices such as manufactured hlbac;hls, charcoal gnlls,
<br />woo lkers and propane or natural gas devices are not defined as camp or
<br />reCh .ilal fi~es and are not covered by this ordinance.
<br />WOOD: Dry, ciean fuel only such as twigs, branches, limbs, "presto logs",
<br />charcoal, cordwood 'or untreated dimensionallum~er. Wood does not mcl~de w?Od
<br />that is green, with leaves or needles, rotten, wet, od soaked, o~ treated Wlth pamt,
<br />glue, or preservatives. Clean pallets may be used for recreational fires when cut
<br />into three (3) foot lengths.
<br />410.02 - OPEN BURNING PERMITS ' .,
<br />1. No person shall start or allow any open burning on any property m the City ~f
<br />Elk River without first having obtained an Open Burn Permit, exceptthat a pennlt
<br />. is not required for ai1yfi~'",hich is a Recreation Fi~eas defined herein.d, \
<br />2; (}pen burnil1g 'tI1S~~l1 be~ssuedthrtlughtl1eCity, ofElk~yer;by Ule/rire
<br />
<br />~:;~~~::~;'6~ ;:rf:.~~~:b~:1:gl':a:~~np~~it~~~et~e~~'.ili~ij~iJh'Of
<br />'~~~~~:~;~b~~. '.~~::;~~~\:;;:hi~o~Ji~~~~eo:~~:k~~l:::Bl:::
<br />
<br />per daY"i il'.I'ilhi;.'.' .'il'.,....., . . . ... .:'; '.' .
<br />4.. OP~l}lll:l-nrl ..... .it.l'l9tft~qpired With Tltree Inches of Snow Cover. Ifthet-e
<br />;isitli~e(~)"~t;..: .l}~l1e~;or eh?!" cQYer ol!-thl;!ground, a burning pennit is not
<br />reqturedm are,. ." .theCi,tywl1i~reopen burping is pennitted,..
<br />5.. Open Bl.l~i1gJ?ennit!ilire aV!1ilable in two fonns: .
<br />A. A three;,da:Y'I:lUrnjng Pe;ftJ1it,~llybe acquired at no ~harge:.)' '... : '.
<br />R A fifteen d!1y bl.1rniIlg pElnnit.inay be acquired at City Hall only; for arM of
<br />$5.00,; ,;,:i':,),:</";,, .' ........ .. '1."
<br />410.04. PERl\fIT'fEDAfotIJPftO}lIlUTED OPEN BURNING. .. .':
<br />From andafMr th!iefte.ctive ~a.ttrofthis ordinance; except as herein othe~se
<br />provided,openburnih~l1hallb~ Pl'~l1ibited in definedarElas inthl;! CityofEl~AAer,
<br />as~et forth byt~epityCo~l1~i1."(A lllap dl;!fining pennitte~andprohibitt!adpen
<br />burning areas is !1v!1ilableatJi)lk'Riyer City Hall)". F< '..' iF' .>:: ':
<br />410.06 ~ PROHIBI'fE:P~TIilftlJ\LS .. '.' ......." \'. .' F{ .:\
<br />It is illegal to butIllltJ 'ilnytime:.; . '. .... .d.... \\ 'i
<br />A. Oils, rubber,plastics,"chemically treated materials, orotherma'teriats tHat
<br />produce excessive ornoxiOll~sJl1okl;!; . '
<br />B.. Hazardouswa!M}:'<:' ..'..,'....
<br />C. Burnable bu,ilding materials from demolition of a comtnercialQrinstitutional
<br />structure "(fann buildings ate notcomlp.eroial):
<br />D. Industrial solid waste gEmeratedfrom an industrialormanufacturingprocess,
<br />or from a service or commet'cialstructure. . ,. .', '; "
<br />E. Motor vehicles or conduct salvage operations.by.open bu~ning;: ; "
<br />F. Garbage from the handling, procession, storage, preparation,iserving1or
<br />consumption offood. " '.' \
<br />G. Painted oftreated:wood. \
<br />410.08 - SPECIAL OPE,N BURN PERMIT . Ii
<br />1. SpecialOpEln Burn PennitRequired.A Special Open.n'urnPennit is reqlltl'ed
<br />for open burning intbe-follQwingc,ircumstances: '. . ". \
<br />Any open burningina~no..burn"'area of the City, ..,
<br />B. Any person requl;!stingtQ})uTbetween the,hout;S of6:00 a.m. and
<br />twhen there is not mote than three (3) otmoreJl}c:hes of sl}Qw COVer.
<br />: 2. Special Open Burn Pennit Application PrOi:l!dure:.', ;' ., . " .....,
<br />Ai' ... '. ,.,. '--. ~..h"'"''''''''
<br />
<br />
<br />A. The applicant must contact the Fire Chief, or designee of the Fire Chief, and
<br />schedule a preliminary site inspection to locate the proposed burn site.
<br />B. No burning shall take place without first having obtained a Special Open Burn
<br />Permit.
<br />C. The length of Sp~cial Burn Pennit shall be detennined by the Fire Chief or
<br />designee of the Fire Chief.
<br />D. Special Burn Pennit Fee. The fees for Special Burn Pennits are as foUows:
<br />1. Residential Areas - $10.00
<br />ii. Development and/or clearing ofland - $25.00
<br />iii. Daytime hour special burn pennit - $25.00
<br />
<br />410.10 - REVOCATION OF OPEN BURNING PERMIT
<br />The Open Burning Permit is subject to revocation at the discretion of the ality
<br />Fire Chief, or designee of the Fire Chief. Reasons for revocation include, buhire
<br />not limited to: a fire hazard existing or developing during the cours~ of the burn,
<br />any of the conditions of the permit being violated during the course of the burn,
<br />pollution or nuisance conditions developing during the course ofthe burn, or a fire
<br />smoldering with no flame present. .
<br />410.12 - DENIAL OF OPEN BURNING PERMIT
<br />If established criteria for the issuance of an open burning pennit are not met, or
<br />during review of said application, it is determined that a practical alterlllative
<br />method of disposal of the material exists, or a pollution or nuisance cOlllllition
<br />would result, then the Fire Chief, or designee of the Fire Chief may deny the open
<br />burning permit application.
<br />410.14 - BURNING BAN OR AIR QUALITY ALERT
<br />No camp or recreational fire or open burn will be permitted when the Ciqy or
<br />Department of Natural Resources has officially declared a burning ban due to
<br />potential hazardous fire conditions or when the Minnesota Pollution Control
<br />Agency has declared an Air Quality Alert.
<br />410.16 - RUNNING FIRES
<br />Running fires are not permitted in any area of the City of Elk River except by
<br />special permit. (See "Exemptions," Section 410.20).
<br />410.18 - BURNERS
<br />1. Permitted and Prohibited Use of Burners. Burners (Burning Barrels) may be
<br />used only in areas ofthe City of Elk River where open burning is allowed. Burners
<br />are prohibited in any area of the City where open burning is not allowed.
<br />2. Burner Regulations.
<br />A. Burners can be used to burn vegetative fuels only, and only in areas oftha City
<br />where burners allowed.
<br />B:BuITiing from a burner can take place between the hours of6:00 p.m. and 6: 00..
<br />am. ;
<br />C. The use of a burner as stated in Section 410.18, does not require lin\open
<br />burning pennit.
<br />Burner Design Standards.
<br />A. Burners must meet approved design standards as specified:
<br />i. Burners must have a size capacity of at least three (3) bushels of which two-
<br />thirds (2/3) is still useable.
<br />ii. Burners cannot have ventilation openings larger than one (1) inch in diameter
<br />andm-:u!lt hjl, "overed, wijh a: screen when in use. .' '. "".': y '.'.' '..
<br />'.' Hi: A1i~~J'll)~tiDl~'iliaaiial mitst be clearelf'fCiPli tlllSfal1ce'offi~Ei (5)'feet:€tt:mtthe
<br />, burner wh.enusinga'burner.;'I.,,;;.,.j f:
<br />410.20 - EXEMPTIONS.
<br />1. Open burning of the types, and subject to the conditions as hereinafter-stated
<br />shall be exempt from the prohibitions of Section 410 of this Ordinance.
<br />Fires under managed supervision for which a burning pennit has been obtained
<br />from the Fire Chief or designee of the Fire Chief, but limited to the follow.1i1g:
<br />A. Fires purposely setfor the instruction and training of public and industriltl fire
<br />fighting personnel.
<br />B. Fires set for the elimination of a fire hazard which cannot be abated by..any
<br />other practicable means.
<br />C. Fires purposely set for forest and game management purposes.
<br />D. The burning of trees, brush, grass, and other vegetable matterin the clearing
<br />ofland, the maintenance of street, road, and highway right-of-way, and in accepted
<br />agricultural land management practices.
<br />2. Pennits to conduct fires under this section do not excuse a person from the
<br />consequences, damages, or injuries which may result therefrom, nor exelnpt any
<br />person from regulations promulgated by the Minnesota Pollution Control ~gency
<br />or any other governmental unit exercising jurisdiction in matters of pollution or
<br />fire hazard regulations.
<br />410.22 - PENALTIES
<br />Any person violating the provisions of this open burning sec shall be guil~y of a
<br />misdemeanor, and upon conviction, shall punished by a fine of up to seven hundred
<br />dollars ($700.00) and/or imprisonment for a tenn not to exceed ninety (90) days.
<br />In all cases, the violator may be held accountable for the costs of prosecution and
<br />the cost incurred from suppression oftl;1e fire.
<br />Section 2. The City Clerk shall publish this ordinance in the official newspaper
<br />with notice that a printed copy of the ordinance is available for inspection by any
<br />person during regular office hours at the office of the City Hall.
<br />Section 3. This Ordinance becomes effective upon its passage and the publica-
<br />tion of its title and summary.
<br />Passed by the City Council of the City of Elk River this 6th day of March, 1995.
<br />Henry A. Duitsman, Mayor
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<br />ATTEST:
<br />Sandra A. Thackeray, City Clerk
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<br />em'OF ELl{RIVER
<br />PROPOSED 1~95 BURNING AREA
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<br />NO BURNING ALLOWED
<br />WITHIN SHADED AREA
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<br />(1.11'15)
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