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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 is hereby repealed.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. -2- (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 .S ,