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HomeMy WebLinkAboutCity Council Ordinance 1994-12ORDINANCE NO. 94- 12 AN ORDINANCE RELATING TO OPEN BURNING THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Sec. 1. The Plymouth City Code, Section 105.01 is amended to include the following new subdivisions: Subd. 10A. "Burner" means a firebox, barrel or similar container used for an outdoor fire, but not including grills or barbecues uses principally for the cooking of food. Subd. 10B. "Burning Permit" means a permit issued by either an Open Burning Inspector authorizing fires exempted from the general provisions hereof, and setting conditions therefore. Subd. 11A. "Camp Fire" means 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 twenty five (25) feet from the base of the fire cleared of all combustible material. Camp fire sites shall not be located closer than twenty five (25) feet to any structure. Subd. 24A. "DNR" means the Minnesota Department of Natural Resources. Subd. 43A. "Open Burn" "Open Burning" or "Open Fire" means 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. Subd. 43B. "Open Burning Inspector" means a Department of Natural Resources Forest/Conservation Officer or a commissioned Fire Warden, or designee. Subd. 54A. "Recreation Fire" has the same definition as a "Camp Fire." Subd. 83A. "Wood" means dry, clean fuel only such a twigs, branches, limbs, "presto lots," charcoal, cordwood or untreated dimensional lumber. "Wood" does not include wood that is rotten, wet, oil soaked, or treated with paint, glue or preservatives. Clean pallets may be used for recreation fires when cut into three (3) foot lengths. Sec. 2. The Plymouth City Code, Section 940.01 is amended to read: 94G.91. .idles Adeeted by .._f_.._....,. nl._..ter- Eight, State ..f referenee and is made a part P -f this ends as if fully set fR4=4-h. hp�nln- 940.01 Open Burning Prohibited. Except as otherwise permitted by this Section, no person shall start or allow any Open Burning on any property in the City without first having obtained an Open Burn Permit. Sec. 3. The Plymouth City Code, Section 940.03 is amended to read: 946.83. Persens Deslenated to issue Permits. Either the Glaty Fire ..ter nd/er the Gity Qffieer- are l..-,_eby ..then... a.. 940.03. Conditions Appropriate for Open Burn Permit Issuance. The Open Burning Inspector may issue a Burning Permit for any of the following conditions or reasons: (a) Fires set for the elimination of a fire hazard which cannot be abated by any other practical means. (b) Fires purposely set for forest, prairie and game management purposes when no other alternative methods are practical. (c) The burning of trees, brush, grass and other vegetable matter in the clearing of land, the maintenance of parks, street, roadway, highway or railroad right-of-way and in accepted agricultural land management practices where chipping, composting, landscaping or other alternative methods are not practical. (d) The disposal of diseased trees generated on site, diseased or infected nursery stock or diseased bee hives. (e) Ground thawing for utility repair and construction. Sec. 4. The Plymouth City Code Section 940 is hereby amended to include the following new sections: �, 940.05. Regulations. Subd. 1. Prohibited Materials. (a) No permit may be issued for the Open Burning of oils, petrol fuels, rubber, plastics, chemically treated materials or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted or glued wood, composite shingles, tar paper, insulation, composition board, sheet rock, wiring, paint or paint fillers. (b) No permit shall be issued for the Open Burning of hazardous waste or salvage operations, solid waste generated from an industrial or manufacturing process or from a service of commercial establishment, or building materials generated from demolition of a commercial or industrial structure, or discarded material resulting from handling, processing, .storage, preparation, serving or consumption of food. Subd. 2. Location. The location of the burning shall not be within six hundred 16001 feet of an occupied residence other than those located on the property on which the burning is conducted, or an adequate distance as determined by the Inspector. Also, the location shall not be within fifty (50) feet of a structure or other combustible material on the property on which the burning is conducted, or an adequate distance as determined by the Inspector. The burning shall be conducted as far away as practical from any highway or public road and controlled so that a traffic hazard is not created. Subd. 3. Wind. The prevailing wind at the time of the burning shall be away from nearby residences and must be less than fifteen (15) miles per hour. Subd. 4. Time. Burning is only allowed Monday through Friday between sunrise and sunset on the permitted days allows for the burn. Fires must be broken down between the allowed times. No fire may be allowed to smolder. Subd. 5. Permit Period. Permit period is one (1) week. Subd. 6. Stumps. No stumps are allowed in the burn. Subd. 7. Year Round Requirement. Permits are required year round. Subd. S. Open Burn Permit Holder Responsibility. The holder of an approved Open Burn Permit shall be held responsible to the following: (a) The morning of the proposed burn, notifying the Open Burning Inspector of the proposed burn. (b) Prior to starting an Open Burn, confirming that no burning ban or air quality alert is in effect. (c) Having a valid permit in possession at the burn site at all times during the burn, available for inspection by the Police and/or Fire Department, DNR Forest/Conservation Officer, or the Open Burning Inspector. (d) Constant attendance by the permit holder or competent representative during a burn event. (e) Availability at the burn site of appropriate communication and fire suppression equipment as required by the permit or any fire safety plan approved by the City as part of the permit process. (f) Completely extinguishing the Open Burn fire before the permit holder or representative leaves the site. (g) Incurring all costs resulting from the burn including, but not limited to, fire suppression, administrative fees, property damage, and personal injuries. (h) Complying with and implementing all general and special conditions under this Section and required by the permit. 940.07. Procedure for Open Burn Permit Issuance. The procedure for issuing an Open Burn Permit shall be as follows: (a) Application for a Burning Permit shall be submitted to the Inspector, on a form prescribed by the DNR and adopted by the City, at least 7 days prior to the proposed date of the burn. (b) The Inspector, or designee, shall review the application to insure compliance with the provisions of this section and any applicable State laws and/or regulations. (c) The Inspector, or designee, shall inspect the proposed burn site on such occasions and at such time as is deemed necessary to adequately review the application. Submission of the application shall constitute authorization for the Inspector, or designee, to enter the premises for this purpose. (d) Within seven (7) calendar days after receipt of the application, the Inspector, or designee, shall either grant or deny the application. 940.09. Denial of Oben Burn Permit. Applications for a Burning Permit may be denied for any of the following reasons, which shall be set forth in writing: (a) The proposed fire or burn site does not meet the requirements of this section. (b) The open Burning Inspector, or designee, determines that there is a practical alternative method of disposal of the material. (c) The open Burning Inspector, or designee, determines that the fire would result in a pollution or nuisance condition. (d) The Open Burning Inspector, or designee, determines that the burn cannot be safely conducted and no plan has been submitted to adequately address the safety concerns. 940.11. Revocation of Open Burn Permit. An officer of the DNR, the City Fire Chief, or Open Burning Inspector may revoke any Burning Permit for appropriate reasons including, but not limited to: (a) A fire hazard exists or develops during the course of the burn. (b) Pollution or nuisance conditions develop during the course of the burn; (c) A reasonable, practical alternative method of disposal of the material exists. (d) Any of the conditions of the permit are violated during the course of the burn. 940.13. Exemptions From Open Burn Permit Requirements. Subd. 1. Training Fires. Fires purposely set under the supervision of the City Fire Department for the instruction and training of fire fighting personnel shall be exempt from the prohibition of Section 940.01. Subd. 2. Camp/Recreational Fires. Camp and/or Recreational Fires shall be exempt from the prohibition of Section 940.01, subject to the following conditions being met: (a) Camp/Recreational Fire Site Requirements: A Camp/Recreational fire shall be located within an area of no more than 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 materials, 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. Permanent outdoor wood burning fireplaces shall also meet these requirements. Camp /Recreational Fire sites shall not be located closer than twenty five (25) feet to any structure. (b) Camp/Recreational Fire Burn Requirements: When a Camp/Recreational Fire is used for recreational purposes, it must comply with the following requirements: (i) The fire is ignited with approved materials. (ii) only clean Wood or charcoal may be burned. No burning of trash, leaves or brush is allowed. (iii) Fire -extinguishing equipment, such as buckets with sand and/or dirt, shovels or garden hoses, are readily available. (iv) The fire is constantly attended by a person knowledgeable in the use of fire -extinguishing equipment and an attendant supervises the fire until the fire has been totally extinguished. (v) Respect is given to weather conditions, neighbors, burning bans, and air quality so that nuisance, health or safety hazards will not be created. (c) Categories Not Included: Mobile cooking devises such as manufactured hibachis, charcoal grills, wood smokers, and propane or natural gas devises and Burners are not defined as Camp or Recreation Fires. Subd. 3. DNR -Permitted Fires. Fire training and permanent burn sites with DNR permits shall be exempt from the prohibition of Section 940.01. 940.15. Burning Ban or Air Ouality Alert. No Camp/Recreational Fire or open Burn will be permitted when the City or DNR has officially declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared on Air Quality Alert. 940.17. Rules Adopted by Reference. Minnesota Statutes 88.01 to 88.22, 88.75, 88.76, as amended, and Minnesota Uniform Fire Code, as amended, are hereby adopted by reference and made a part of this ordinance as if fully set forth herein. 940.19. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine and/or imprisonment. Sec. S. This ordinance is effective upon its passage in accordance with Section 110.11. Mayor ATTEST: %I City Clerk pw6 .M.O1 Published: Sun Sailor 8-10-94.