CHAPTER 92: HEALTH AND SAFETY; NUISANCES
Section
General
Provisions
92.01 Assessable
current services
92.02 Tree
diseases
Nuisances
92.15 Public
nuisance
92.16 Public
nuisances affecting health
92.17 Public
nuisances affecting morals and decency
92.18 Public
nuisances affecting peace and safety
92.19 Duties of
city officers
92.20 Abatement
92.21 Recovery of
cost
Weeds
92.35 Short title
92.36 Jurisdiction
92.37 Definitions;
exclusions
92.38 Owners
responsible for trimming, removal and the like
92.39 Filing
complaint
92.40 Notice of
violations
92.41 Appeals
92.42 Abatement
by city
92.43 Liability
Open
Burning
92.60 Definitions
92.61 Prohibited
materials
92.62 Permit
required for open burning
92.63 Purposes
allowed for open burning
92.64 Permit application for open burning; permit fees
92.65 Permit
process for open burning
92.66 Permit
holder responsibility
92.67 Revocation
of open burning permit
92.68 Denial of
open burning permit
92.69 Burning ban
or air quality alert
92.70 Rules and
laws adopted by reference
§ 92.01 ASSESSABLE CURRENT SERVICES.
(A) Definition. For the purpose of this section, the
following definition shall apply unless the context clearly indicates or
requires a different meaning.
CURRENT SERVICE. Shall mean one or more of the following:
snow, ice, or rubbish removal from sidewalks; weed elimination from street
grass plots adjacent to sidewalks or from private property; removal or
elimination of public health or safety hazards from private property, excluding
any hazardous building included in M.S. §§ 463.15 through 463.26 as they
may amended from time to time; installation or repair of water service lines;
street sprinkling, street flushing, light street oiling, or other dust treatment
of streets; repair of sidewalks and alleys; trimming and care of trees and
removal of unsound and insect-infected trees from the public streets or private
property; and the operation of a street lighting system.
(B) Snow, ice, dirt and rubbish.
(1) Duty of owners and
occupants. The owner and the
occupant of any property adjacent to a public sidewalk shall use diligence to
keep the walk safe for pedestrians. No
owner or occupant shall allow snow, ice, dirt or rubbish to remain on the walk
longer than 24 hours after its deposit thereon.
Failure to comply with this section shall constitute a violation.
(2) Removal by city. The City Clerk or other person designated by
the City Council may cause removal from all public sidewalks all snow, ice,
dirt and rubbish as soon as possible beginning 24 hours after any matter has
been deposited thereon or after the snow has ceased to fall. The City Clerk or other designated person
shall keep a record showing the cost of removal adjacent to each separate lot
and parcel.
(C) Public health and safety
hazards. When the city removes or
eliminates public health or safety hazards from private property under the
following provisions of this chapter, the administrative officer responsible
for doing the work shall keep a record of the cost of the removal or
elimination against each parcel of property affected and annually deliver that
information to the City Clerk.
(D) Installation and repair of water
service lines. Whenever the city
installs or repairs water service lines serving private property under Chapter
52 of this code, the City Clerk shall keep a record of the total cost of the
installation or repair against the property.
(E) Repair of sidewalks and alleys.
(1) Duty of owner. The owner of any property within the city
abutting a public sidewalk or alley shall keep the sidewalk or alley in repair
and safe for pedestrians. Repairs shall
be made in accordance with the standard specifications approved by the City
Council and on file in the office of the City Clerk.
(2) Inspections; notice. The City Council or its designee shall make
inspections as are necessary to determine that public sidewalks and alleys
within the city are kept in repair and safe for pedestrians or vehicles. If it is found that any sidewalk or alley
abutting on private property is unsafe and in need of repairs, the City Council
shall cause a notice to be served, by registered or certified mail or by
personal service, upon the record owner of the property, ordering the owner to
have the sidewalk or alley repaired and made safe within 30 days and stating
that if the owner fails to do so, the city will do so and that the expense
thereof must be paid by the owner, and if unpaid it will be made a special
assessment against the property concerned.
(3) Repair by city. If the sidewalk or alley is not repaired
within 30 days after receipt of the notice, the City Clerk shall report the
facts to the City Council and the City Council shall by resolution order the
work done by contract in accordance with law.
The City Clerk shall keep a record of the total cost of the repair
attributable to each lot or parcel of property.
(F) Personal liability. The owner of property on which or adjacent to
which a current service has been performed shall be personally liable for the
cost of the service. As soon as the
service has been completed and the cost determined, the City Clerk, or other
designated official, shall prepare a bill and mail it to the owner and
thereupon the amount shall be immediately due and payable at the office of the
City Clerk.
(G) Damage to public property. Any person driving any vehicle, equipment,
object or contrivance upon any street, road, highway or structure shall be
liable for all damages which the surface or structure thereof may sustain as a
result of any illegal operation, or driving or moving of the vehicle, equipment
or object or contrivance; or as a result of operating, driving or moving any
vehicle, equipment, object or contrivance weighing in excess of the maximum
weight permitted by statute or this code.
When the driver is not the owner of the vehicle, equipment, object or
contrivance, but is operating, driving or moving it with the express or implied
permission of the owner, then the owner and the driver shall be jointly and
severally liable for any such damage.
Any person who willfully acts or fails to exercise due care and by that
act damages any public property shall be liable for the amount thereof, which
amount shall be collectable by action or as a lien under M.S. § 514.67, as
it may be amended from time to time.
(H) Assessment. On or before September 1 of each year, the
City Clerk shall list the total unpaid charges for each type of current service
and charges under this section against each separate lot or parcel to which
they are attributable under this section.
The City Council may then spread the charges against
property benefited as a
special assessment under the authority of M.S. § 429.101 as it may be
amended from time to time and other pertinent statutes for certification to the
County Auditor and collection along with current taxes the following year or in
annual installments, not exceeding ten, as the City Council may determine in
each case.
Penalty, see § 10.99
§ 92.02 TREE DISEASES.
(A) Trees constituting nuisance
declared. The following are public
nuisances whenever they may be found within the city:
(1) Any living or standing elm tree or
part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis
Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus
Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh);
(2) Any dead elm tree or part
thereof, including branches, stumps, firewood or other elm material from which
the bark has not been removed and burned or sprayed with an effective elm bark
beetle insecticide;
(3) Any living or standing oak
tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis
fagacearum;
(4) Any dead oak tree or part
thereof which in the opinion of the designated officer constitutes a hazard,
including but not limited to logs, branches, stumps, roots, firewood or other
oak material which has not been stripped of its bark and burned or sprayed with
an effective fungicide;
(5) Any other shade tree with an
epidemic disease.
(B) Abatement of nuisance. It is unlawful for any person to permit any
public nuisance as defined in division (A) of this section to remain on any
premises the person owns or controls within the city. The City Council may be resolution order the
nuisance abated. Before action is taken
on that resolution, the City Council shall publish notice of its intention to
meet to consider taking action to abate the nuisance. This notice shall be mailed to the affected
property owner and published once no less than one week prior to the
meeting. The notice shall state the time
and place of the meeting, the street affected, action proposed, the estimated
cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the
City Council shall hear any property owner with reference to the scope and
desirability of the proposed project.
The City Council shall thereafter adopt a resolution confirming the
original resolution with modifications as it considers desirable and provide
for the doing of the work by day labor or by contract.
(C) Record of costs. The City Clerk shall keep a record of the
costs of abatement done under this section for all work done for which
assessments are to be made, stating and certifying the description of the land,
lots, parcels involved, and the amount chargeable to each.
(D) Unpaid charges. On or before September 1 of each year,
the City Clerk shall list the total unpaid charges for each abatement against
each separate lot or parcel to which they are attributable under this
section. The City Council may then
spread the charges or any portion thereof against the property involved as a
special assessment as authorized by M.S. § 429.101 as it may be amended
from time to time and other pertinent statutes for certification to the County
Auditor and collection the following year along with the current taxes.
Penalty, see § 10.99
§ 92.15 PUBLIC NUISANCE.
Whoever by his or her act or failure to
perform a legal duty intentionally does any of the following is guilty of
maintaining a public nuisance, which is a misdemeanor:
(A) Maintains or permits a condition
which unreasonably annoys, injures or endangers the safety, health, morals,
comfort or repose of any considerable number of members of the public;
(B) Interferes with, obstructs or
renders dangerous for passage any public highway or right-of-way, or waters
used by the public; or
(C) Is guilty of any other act or
omission declared by law or §§ 92.16, 92.17 or 92.18, or any other part of
this code to be a public nuisance and for which no sentence is specifically
provided.
Penalty, see § 10.99
§ 92.16 PUBLIC NUISANCES AFFECTING HEALTH.
The following are hereby declared to be
nuisances affecting health:
(A) Exposed accumulation of decayed or
unwholesome food or vegetable matter;
(B) All diseased animals running at
large;
(C) All ponds or pools of stagnant
water;
(D) Carcasses of animals not buried or
destroyed within 24 hours after death;
(E) Accumulations of manure, refuse or
other debris;
(F) Privy vaults and garbage cans which
are not rodent-free or fly-tight or which are so maintained as to constitute a
health hazard or to emit foul and disagreeable odors;
(G) The pollution of any public well or
cistern, stream or lake, canal or body of water by sewage, industrial waste or
other substances;
(H) All noxious weeds and other rank
growths of vegetation upon public or private property;
(I) Dense smoke, noxious fumes, gas and
soot, or cinders, in unreasonable quantities;
(J) All public exposure of people
having a contagious disease; and
(K) Any offensive trade or business as
defined by statute not operating under local license.
Penalty, see § 10.99
§ 92.17 PUBLIC NUISANCES AFFECTING MORALS AND
DECENCY.
The following are hereby declared to be
nuisances affecting public morals and decency:
(A) All gambling devices, slot machines
and punch boards, except as otherwise authorized by federal, state or local
law;
(B) Betting, bookmaking and all
apparatus used in those occupations;
(C) All houses kept for the purpose of
prostitution or promiscuous sexual intercourse, gambling houses, houses of ill
fame and bawdy houses;
(D) All places where intoxicating
liquor is manufactured or disposed of in violation of law or where, in
violation of law, people are permitted to resort for the purpose of drinking
intoxicating liquor, or where intoxicating liquor is kept for sale or other
disposition in violation of law, and all liquor and other property used for
maintaining that place;
(E) Any vehicle used for the unlawful
transportation of intoxicating liquor, or for promiscuous sexual intercourse,
or any other immoral or illegal purpose.
Penalty, see § 10.99
§ 92.18 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following are declared to be
nuisances affecting public peace and safety:
(A) All snow and ice not removed from
public sidewalks 24 hours after the snow or other precipitation causing the
condition has ceased to fall;
(B) All trees, hedges, billboards or
other obstructions which prevent people from having a clear view of all traffic
approaching an intersection;
(C) All wires and limbs of trees which
are so close to the surface of a sidewalk or street as to constitute a danger
to pedestrians or vehicles;
(D) All obnoxious noises in violation
of Minn. Rules Ch. 7030, as they may be amended from time to time which are
hereby incorporated by reference into this code;
(E) The discharging of the exhaust or
permitting the discharging of the exhaust of any stationary internal combustion
engine, motor boat, motor vehicle, motorcycle, all terrain vehicle, snowmobile
or any recreational device except through a muffler or other device that
effectively prevents loud or explosive noises therefrom and complies with all
applicable state laws and regulations;
(F) The using or operation or permitting the
using or operation of any radio receiving set, musical instrument, phonograph,
paging system, machine or other device for producing or reproduction of sound
in a distinctly and loudly audible manner so as to disturb the peace, quiet and
comfort of any person nearby. Operation
of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m.
in a manner so as to be plainly audible at the property line of the structure
or building in which it is located, or at a distance of 50 feet if the source
is located outside a structure or building shall be prima facie evidence of
violation of this section;
(G) The participation in a party or
gathering of people giving rise to noise which disturbs the peace, quiet or
repose of the occupants of adjoining or other property;
(H) Obstructions and excavations
affecting the ordinary public use of streets, alleys, sidewalks or public
grounds except under conditions as are permitted by this code or other
applicable law;
(I) Radio aerials or television
antennae erected or maintained in a dangerous manner;
(J) Any use of property abutting on a
public street or sidewalk or any use of a public street or sidewalk which
causes large crowds of people to gather, obstructing traffic and the free use
of the street or sidewalk;
(K) All hanging signs, awnings and
other similar structures over streets and sidewalks, so situated so as to
endanger public safety, or not constructed and maintained as provided by
ordinance;
(L) The allowing of rain water, ice or
snow to fall from any building or structure upon any street or sidewalk or to
flow across any sidewalk;
(M) Any barbed wire fence less than six
feet above the ground and within three feet of a public sidewalk or way;
(N) All dangerous, unguarded machinery
in any public place, or so situated or operated on private property as to
attract the public;
(O) Waste water cast upon or permitted
to flow upon streets or other public properties;
(P) Accumulations in the open of
discarded or disused machinery, household appliances, automobile bodies or
other material in a manner conducive to the harboring of rats, mice, snakes or
vermin, or the rank growth of vegetation among the items so accumulated, or in
a manner creating fire, health or safety hazards from accumulation;
(Q) Any well, hole or similar
excavation which is left uncovered or in another condition as to constitute a
hazard to any child or other person coming on the premises where it is located;
(R) Obstruction to the free flow of
water in a natural waterway or a public street drain, gutter or ditch with
trash of other materials;
(S) The placing or throwing on any
street, sidewalk or other public property of any glass, tacks, nails, bottles
or other substance which may injure any person or animal or damage any
pneumatic tire when passing over the substance;
(T) The depositing of garbage or refuse
on a public right-of-way or on adjacent private property;
(U) All other conditions or things
which are likely to cause injury to the person or property of anyone.
Penalty, see § 10.99
§ 92.19 DUTIES OF CITY OFFICERS.
The Police Department or Sheriff, if
the city has at the time no Police Department, shall enforce the provisions
relating to nuisances. Any peace officer
shall have the power to inspect private premises and take all reasonable
precautions to prevent the commission and maintenance of public nuisances.
§ 92.20 ABATEMENT.
(A) Notice. Written notice of violation; notice of the
time, date, place and subject of any hearing before the City Council; notice of
City Council order; and notice of motion for summary enforcement hearing shall
be given as set forth in this section.
(1) Notice of violation. Written notice of violation shall be served
by a peace officer on the owner of record or occupant of the premises either in
person or by certified or registered mail.
If the premises is not occupied, the owner of record is unknown, or the
owner of record or occupant refuses to accept notice of violation, notice of
violation shall be served by posting it on the premises.
(2) Notice of City Council
hearing. Written notice of any City
Council hearing to determine or abate a nuisance shall be served on the owner
of record and occupant of the premises either in person or by certified or
registered mail. If the premises is not
occupied, the owner of record is unknown, or the owner of record or occupant
refuses to accept notice of the City Council hearing, notice of City Council
hearing shall be served by posting it on the premises.
(3) Notice of City Council
order. Except for those cases
determined by the city to require summary enforcement, written notice of any
City Council order shall be made as provided in M.S. § 463.17 (Hazardous
and Substandard Building Act), as it may be amended from time to time.
(4) Notice of motion for summary
enforcement. Written notice of any
motion for summary enforcement shall be made as provided for in M.S.
§ 463.17 (Hazardous and Substandard Building Act), as it may be amended
from time to time.
(B) Procedure. Whenever a peace officer determines that a
public nuisance is being maintained or exists on the premises in the city, the
officer shall notify in writing the owner of record or occupant of the premises
of such fact and order that the nuisance be terminated or abated. The notice of violation shall specify the
steps to be taken to abate the nuisance and the time within which the nuisance
is to be abated. If the notice of
violation is not complied with within the time specified, the officer shall report
that fact forthwith to the City Council.
Thereafter, the City Council may, after notice to the owner or occupant
and an opportunity to be heard, determine that the condition identified in the
notice of violation is a nuisance and further order that if the nuisance is not
abated within the time prescribed by the City Council, the city may seek
injunctive relief by serving a copy of the City Council order and notice of
motion for summary enforcement.
(C) Emergency procedure; summary
enforcement. In cases of emergency,
where delay in abatement required to complete the notice and procedure
requirements set forth in divisions (A) and (B) of this section will permit a
continuing nuisance to unreasonably endanger public health safety or welfare,
the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the
officer shall determine that a public nuisance exists or is being maintained on
premises in the city and that delay in abatement of the nuisance will
unreasonably endanger public health, safety or welfare. The officer shall notify in writing the
occupant or owner of the premises of the nature of the nuisance and of the
city's intention to seek summary enforcement and the time and place of the City
Council meeting to consider the question of summary enforcement. The City Council shall determine whether or
not the condition identified in the notice to the owner or occupant is a
nuisance, whether public health, safety or welfare will be unreasonably endangered
by delay in abatement required to complete the procedure set forth in division
(A) of this section, and may order that the nuisance be immediately terminated
or abated. If the nuisance is not
immediately terminated or abated, the City Council may order summary
enforcement and abate the nuisance.
(D) Immediate abatement. Nothing in this section shall prevent the
city, without notice or other process, from immediately abating any condition
which poses an imminent and serious hazard to human life or safety.
Penalty, see § 10.99
§ 92.21 RECOVERY OF COST.
(A) Personal liability. The owner of premises on which a nuisance has
been abated by the city shall be personally liable for the cost to the city of
the abatement, including administrative costs.
As soon as the work has been completed and the cost determined, the City
Clerk or other official shall prepare a bill
for the cost and mail it to
the owner. Thereupon the amount shall be
immediately due and payable at the office of the City Clerk.
(B) Assessment. If the nuisance is a public health or safety
hazard on private property, the accumulation of snow and ice on public
sidewalks, the growth of weeds on private property or outside the traveled
portion of streets, or unsound or insect-infected trees, the City Clerk shall,
on or before September 1 next following abatement of the nuisance, list the
total unpaid charges along with all other charges as well as other charges for
current services to be assessed under M.S. § 429.101 against each separate
lot or parcel to which the charges are attributable. The City Council may then spread the charges
against the property under that statute and other pertinent statutes for
certification to the County Auditor and collection along with current taxes the
following year or in annual installments, not exceeding ten, as the City
Council may determine in each case.
Penalty,
see § 10.99
§ 92.35 SHORT TITLE.
This subchapter shall be cited as the
“Weed Ordinance.”
§ 92.36 JURISDICTION.
This subchapter shall be in addition to
any state statute or county ordinance presently in effect, subsequently added,
amended or repealed.
§ 92.37 DEFINITIONS; EXCLUSIONS.
(A) For the purpose of this subchapter,
the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
DESTRUCTION ORDER. The notice
served by the City Council or designated city official, in cases of appeal, on
the property owner of the ordinance violation.
PROPERTY OWNER. The person
occupying the property, the holder of legal title or a person having control
over the property of another, such as a right-of-way, easement, license or
lease.
WEEDS, GRASSES and RANK VEGETATION. Includes but is not limited to the following:
(1) Noxious weeds and
rank vegetation shall include but not be limited to: alum (allium), Buckthorn, Bur Cucumber,
Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock, Dodder,
Field Bindweed, French Weed,
Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy
Spurge, Mile-A-Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle,
Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian
Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic,
Wild Mustard, Wild Onion, Wild Parsnip;
(2) Grapevines when
growing in groups of 100 or more and not pruned, sprayed, cultivated, or
otherwise maintained for two consecutive years;
(3) Bushes of the species
of tall, common, or European barberry, further known as berberis vulgaris
or its horticultural varieties;
(4) Any weeds, grass, or
plants, other than trees, bushes, flowers, or other ornamental plants, growing
to a height exceeding 12 inches;
(5) Rank vegetation
includes the uncontrolled, uncultivated growth of annuals and perennial plants;
(6) The term WEEDS
does not include shrubs, trees, cultivated plants or crops.
(B) In no event shall cultivated plants
or crops include plants which have been defined by state statute or
administrative rule as being noxious or detrimental plants.
§ 92.38 OWNERS RESPONSIBLE FOR TRIMMING, REMOVAL AND
THE LIKE.
All property owners shall be
responsible for the removal, cutting, or disposal and elimination of weeds,
grasses and rank vegetation or other uncontrolled plant growth on their
property, which at the time of notice, is in excess of 12 inches in height.
Penalty, see § 10.99
§ 92.39 FILING COMPLAINT.
Any person, including the city, who
believes there is property located within the corporate limits of the city
which has growing plant matter in violation of this subchapter shall make a
written complaint signed, dated and filed with the City Clerk. If the city makes the complaint, an employee,
officer or Council Member of the city shall file the complaint in all respects
as set out above.
§ 92.40 NOTICE OF VIOLATIONS.
(A) Upon receiving notice of the
probable existence of weeds in violation of this subchapter, a person
designated by the City Council shall make an inspection and prepare a written
report to the City Council regarding the condition. The City Council, upon concluding that there
is a probable belief that this subchapter has been violated, shall forward
written notification in the form of a “Destruction Order”
to the property owner or the
person occupying the property as that information is contained within the
records of the City Clerk or any other city agency. The notice shall be served in writing by
certified mail. The notice shall provide
that within seven regular business days after the receipt of the notice that
the designated violation shall be removed by the property owner or person
occupying the property.
(B)
(1) All notices are to be in writing and all filings are to be with the
City Clerk.
(2) Certified mailing to the
City Clerk or others is deemed filed on the date of posting to the United
States Postal Service.
§ 92.41 APPEALS.
(A) The property owner may appeal by
filing written notice of objections with the City Council within 48 hours of
the notice, excluding weekends and holidays, if the property owner contests the
finding of the City Council. It is the
property owner's responsibility to demonstrate that the matter in question is
shrubs, trees, cultivated plants or crops or is not otherwise in violation of
this subchapter, and should not be subject to destruction under the subchapter.
(B) An appeal by the property owner
shall be brought before the City Council and shall be decided by a majority
vote of the Council Members in attendance and being at a regularly scheduled or
special meeting of the City Council.
§ 92.42 ABATEMENT BY CITY.
In the event that the property owner
shall fail to comply with the “Destruction Order” within seven regular business
days and has not filed a notice within 48 hours to the City Clerk of an intent
to appeal, the City Council may employ the services of city employees or
outside contractors and remove the weeds to conform to this subchapter by all
lawful means.
§ 92.43 LIABILITY.
(A) The property owner is liable for
all costs of removal, cutting or destruction of weeds as defined by this
subchapter.
(B) The property owner is responsible
for all collection costs associated with weed destruction, including but not
limited to court costs, attorney's fees and interest on any unpaid amounts
incurred by the city. If the city uses
municipal employees, it shall set and assign an appropriate per hour rate for
employees, equipment, supplies and chemicals which may be used.
(C) All sums payable by the property
owner are to be paid to the City Clerk and to be deposited in a general fund as
compensation for expenses and costs incurred by the city.
(D) All sums payable by the property
owner may be collected as a special assessment as provided by M.S.
§ 429.101, as it may be amended from time to time.
§ 92.60 DEFINITIONS.
For the purpose of this chapter, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
FIRE CHIEF, FIRE MARSHAL, and ASSISTANT FIRE MARSHALS. The Fire Chief, Fire Marshal, and Assistant
Fire Marshals of the Fire Department which provides fire protection services to
the city.
OPEN BURNING. The burning of
any matter if the resultant combustion products are emitted directly to the
atmosphere without passing through a stack, duct or chimney, except a
“recreational fire” as defined herein.
Mobile cooking devices such as manufactured hibachis, charcoal grills, wood
smokers, and propane or natural gas devices are not defined as “open burning.”
RECREATIONAL FIRE. A fire set
with approved starter fuel no more than three feet in height, contained within
the border of a “recreational fire site” using dry, clean wood; producing
little detectable smoke, odor or soot beyond the property line; conducted with
an adult tending the fire at all times; for recreational, ceremonial, food
preparation for social purposes; extinguished completely before quitting the
occasion; and respecting weather conditions, neighbors, burning bans, and air
quality so that nuisance, health or safety hazards will not be created. No more than one recreational fire is allowed
on any property at one time.
RECREATIONAL FIRE SITE. An area of no
more than a three foot diameter circle (measured from the inside of the fire
ring or border); completely surrounded by non-combustible and non-smoke or odor
producing material, either of natural rock, cement, brick, tile or blocks or
ferrous metal only an which area is depressed below ground, on the ground, or
on a raised bed. Included are permanent
outdoor wood burning fireplaces. Burning
barrels are not a “recreation fire site” as defined herein. Recreational fire sites shall not be located
closer than 25 feet to any structure.
STARTER FUELS. Dry,
untreated, unpainted, kindling, branches, cardboard or charcoal fire
starter. Paraffin candles and alcohols
are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas
burning devices causing minimal pollution must be used to start an open burn.
WOOD. Dry, clean
fuel only such as twigs, branches, limbs, “presto logs,” charcoal, cord wood or
untreated dimensional lumber. The term does not include wood that is green with
leaves or needles, rotten, wet, oil soaked, or treated with paint, glue or
preservatives. Clean pallets may be used
for recreational fires when cut into three foot lengths.
§ 92.61 PROHIBITED MATERIALS.
(A) No person shall conduct, cause or
permit open burning oils, petro 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 person shall conduct, cause or
permit open burning of hazardous waste or salvage operations, open burning of
solid waste generated from an industrial or manufacturing process or from a service
or commercial establishment or building material generated from demolition of
commercial or institutional structures.
(C) No person shall conduct, cause or
permit open burning of discarded material resulting from the handling,
processing, storage, preparation, serving or consumption of food.
(D) No person shall conduct, cause or
permit open burning of any leaves or grass clippings.
Penalty, see § 10.99
§ 92.62 PERMIT REQUIRED FOR OPEN BURNING.
No person shall start or allow any open
burning on any property in the city without first having obtained an open burn
permit, except that a permit is not required for any fire which is a
recreational fire as defined in § 92.60.
Penalty, see § 10.99
§ 92.63 PURPOSES ALLOWED FOR OPEN BURNING.
(A) Open burn permits may be issued
only for the following purposes:
(1) Elimination of fire of
health hazard that cannot be abated by other practical means.
(2) Ground thawing for utility
repair and construction.
(3) Disposal
of vegetative matter for managing forest, prairie or wildlife habitat, and in
the development and maintenance of land and rights-of-way where chipping,
composting, landspreading or other alternative methods are not practical.
(4) Disposal of diseased trees
generated on-site, diseased or infected nursery stock, diseased bee hives.
(5) Disposal of unpainted,
untreated, non-glued lumber and wood shakes generated from construction, where
recycling, reuse, removal or other alternative disposal methods are not
practical.
(B) Fire training permits can only be
issued by the Minnesota Department of Natural Resources.
Penalty, see § 10.99
§ 92.64 PERMIT APPLICATION FOR OPEN BURNING; PERMIT
FEES.
(A) Open burning permits shall be
obtained by making application on a form prescribed the Department of Natural
Resources (DNR) and adopted by the Fire Department. The permit application shall be presented to
the Fire Chief, Fire Marshal, and Assistant Fire Marshals for reviewing and
processing those applications.
(B) An open burning permit shall
require the payment of a fee. Permit
fees shall be in the amount established in the Ordinance Establishing Fees and
Charges, authorized by § 30.11, as it may be amended from time to time.
Penalty, see § 10.99
§ 92.65 PERMIT PROCESS FOR OPEN BURNING.
Upon receipt of the completed open
burning permit application and permit fee, the Fire Chief, Fire Marshal, or
Assistant Fire Marshals shall schedule a preliminary site inspection to locate
the proposed burn site, note special conditions, and set dates and time of
permitted burn and review fire safety considerations.
§ 92.66 PERMIT HOLDER RESPONSIBILITY.
(A) Prior to starting an open burn, the
permit holder shall be responsible for confirming that no burning ban or air
quality alert is in effect. Every open
burn event shall be constantly attended by the permit holder or his or her
competent representative. The open burning
site shall have available, appropriate communication and fire suppression
equipment as set out in the fire safety plan.
(B) The open burn fire shall be
completely extinguished before the permit holder or his or her representative
leaves the site. No fire may be allowed
to smolder with no person present. It is
the responsibility of the permit holder to have a valid permit, as required by
this subchapter, available for inspection on the site by the Police Department,
Fire Department, MPCA representative or DNR forest officer.
(C) The permit holder is responsible
for compliance and implementation of all general conditions, special
conditions, and the burn event safety plan as established in the permit issued. The permit holder shall be responsible for
all costs incurred as a result of the burn, including but not limited to fire
suppression and administrative fees.
Penalty, see § 10.99
§ 92.67 REVOCATION OF OPEN BURNING PERMIT.
The open burning permit is subject to
revocation at the discretion of DNR forest officer, the Fire Chief, Fire
Marshal, or Assistant Fire Marshals.
Reasons for revocation include but are not limited to a fire hazard
existing or developing during the course of the burn, any of the conditions of
the permit being violated during the course of the burn, pollution or nuisance
conditions developing during the course of the burn, or a fire smoldering with
no flame present.
Penalty, see § 10.99
§ 92.68 DENIAL OF OPEN BURNING PERMIT.
If established criteria for the
issuance of an open burning permit are not met during review of the
application, it is determined that a practical alternative method for disposal
of the material exists, or a pollution or nuisance condition would result, or
if a burn event safety plan cannot be drafted to the satisfaction of the Fire
Chief, Fire Marshal, or Assistant Fire Marshals, these officers may deny the
application for the open burn permit.
§ 92.69 BURNING BAN OR AIR QUALITY ALERT.
No 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 an Air
Quality Alert.
Penalty, see § 10.99
§ 92.70 RULES AND LAWS ADOPTED BY REFERENCE.
The provisions of M.S. §§ 88.16 to
88.22 and the Minnesota Uniform Fire Code, Minn. Rules Ch. 1510, as
these statutes and rules may be amended from time to time, are hereby adopted
by reference and made a part of this subchapter as if fully set forth at this
point.