HomeMy WebLinkAboutCity Council Ordinance 1971-07VILLAGE OF PLYMOUT11
ORDINANCE NO. 71-7
AN ORDINANCE REGULATING TIE BURNING AND
INCINERATING OF REFUSE
THE VILLAGE CODUCIL OF THE VILLAGE OF PLYMOU^1H DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Repeal of Chapter V, Section 3.06 of Village
Code. Section 3.06 of Chapter V of the Village Code relating
to burning of garbage, trash, grass, etc. is hereby repealed.
Section 2. Amendment of Village Code. The Village Code
is hereby amended by adding the following thereto as section 3.06,
of Chapter V thereof:
"CHAPTER V. MISDEMEANORS.AND OFFENSES AGAINST
PUBLIC HEALTH, 'SAFETY, WELFARE; AND
MORALS.
. 3.06. Incineration and Open Burning.
(A) Definitions. As used herein, the following
terms shall ha ve the meanings ascribed to them by
this section:
(1) "Refuse" shall mean and include garbage,
rubbish, trade wastes, leaves, salvageable
material and agricultural wastes.
(2) "Incinerator" shall mean and include
incineration and other devices, structures
or contrivances used to burn refuse or
to process refuse by burning.
(3) "Combustible materials" shall mean and
include ashes, smoldering coals and embers,
greasy and oily substances, and other
matters liable to spontaneous ignition,
lumber, hay, shavings, sawdust, petroleum
and other chemical produces of an
inflammable nature.
(B) Incinerators. 'No person shall operate an
ncinarat 5 within the Village for the burniiig
of garbage or refuse unless such incinerator
complies with the requirements of the Minnesota
Pollution Control Agency. No incinerator, except<
for an incinerator for a residential dwelling
unit, shall be operated within the Village unless
the operation o4 such incinerator has heen licens^
by the Vi]_lagn, a, provided in this section or in
other applicable Village ordinances.
(1) Applications for an incinerator
license shall be made to the Village Clerk.
The application shall state the name and
address of the owner of the p7operty on which
the incinerator is located, a description of
the type of incinerator, and except in renewal
applications, a pian showing that the
incinerator will comply with applicable
rules and regulations.
(2) The application shall be accompanied
by the annual license fee which shall be in
the sum of $5.00
(3) Application for incinerator licenses
may be granted by the Village Manager if he
ascertains that the incinerator meets the
requirements of the Minnesota Pollution Con-
trol Agency and the ordinances of the Village.)
He may, however, refer any such application to
the Village Council. In the event of such
referral to the Village Council the Village
Council may grant or deny the application.
It shall be grounds for denial of the
application that the applicant, or other
persons occupying the premises at which the
incinerator is or would be located, have not
complied with regulations of the Village
relating to health, safety, building or
zoning regulations applicable to such
incinerator.
(C) Ogen Burning.
(1) No person shall dispose of refuse by
open burning, or cause, suffer, allow or
permit open burning of refuse including the
open burning of leaves.
(2) No person shall conduct, cause or permit
the conduct of a salvage operation by open
burning.
(3) -Exceptions herefrom may be allowed upon the
approval of the Director of the Minnesota
Pollution Control Agency and the Village
Manager for the following purposes:
(a) Fire 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) Fire purposely set for forest or game
management in accordance with practices
recommended by the Minnesota Department
of Conservation, the Minnesota Depart-
ment of Agriculture and the United
States Forest Service.
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(d) The burning of hydrocarbons which
must be wasted through the use of
atmospheric flares.
(e) The burning of trees, brush, grass
and other „egetable mp.tter in the.
clearing of land, right of way
maintenance operations and agricultural'
crop burning is permitted under the
following conditions:
(i) The velocity of prevailing winds
at the time of burning must not be
excessive in the opinion of the
Fire Chief.
(ii) The location of the burning must
not be within 1,000 feet of an
occupied residence other than one
located on the property on which
the burning is conducted.
(iii) Oils, rubber or other similar
materials which produce'unreasonable
amounts of air contaminates may riot.
be burned.
(iv) The burning must not be conducted'
within 1,000 feet of any highway,
or public street or road an( in any;
event must be controlled so that
a traffic hazard is not created:`'
(v) A permit for such burning must"
first be obtained from the Village"
Manager or such other person
designated by him.
(f) For fireplaces and outdoor cooking
provided that such fires shall not be
used for the burning of refuse. Pro-
vided, however, that no permit for this
use shall be required.
(g)open fires used in construction work
for purposes of ground.thawnq_
salamanders or other devices may be
used for heating in construction,work
provided that fuels used therein shall'
not produce smoke or flyash Provided,
however, that no permit for this use
shall be required.
(D) Penalties. Any person violating any of the
provisions of this section shall, upon conviction, be
subject to the penalties,prescribed in Chapter 1,
Section 6.01 of the Village Code.."
Section 3.
Effective
bate. This ordinance shall become
effective upon
its passage
and publication.
Adopted by
the Village
Council the rTl�
day of
1971.
,
Mayor
ATTEST:
n
Vi age Clerk
IA
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