1010:0

City Code: 1010:0

Section 1010:00. Definitions.

Subd. 1. Unless the context clearly indicates otherwise, the words, combinations of words, terms and phrases, as used in Section 1010:00 et seq., shall have the meanings set forth in the subdivisions of this section which follow.

Subd. 2. Open fire or open burning shall mean any fire from which the products of combustion are emitted directly into the open atmosphere without passing through an adequate stack, duct or chimney.

Subd. 3. Persons shall mean any individual, natural person, firm, association, organization, partnership, business, trust, corporation, company, trustee, syndicate, club, institution, agency, or any Federal, State or local governmental agency or instrumentality or other entity recognized by law as the subject of rights and duties, and whenever acts prohibited herein are done or acts required herein are omitted by any one as employee or agent of another person shall include employees, supervisory personnel and principals.

Subd. 4. Refuse and trash shall mean all putrescible and non-putrescible solid wastes including, but not limited to, garbage, rubbish, trash, ashes, street cleanings, leaves, brush, sweepings, junk, abandoned automobiles and solid market and industrial waste, paper, wrappings, cardboard, tin cans, wood, glass, bedding, crockery and all other waste materials which, if burned, would produce or emit air contaminance into the atmosphere.

Section 1010:05. Open Fire Refuse Burning Prohibited. No person shall cause or allow the open burning of any refuse or trash.

Section 1010:10. Trash Burning Regulated. Any of the materials described in Section 1010:00 may be burned in fire zone 1 of this municipality in a multiple chamber gas fired incinerator of sufficient size and capacity approved by the Minnesota Pollution Control Agency.

Section 1010:15. Fire Places and Outdoor Cooking Fires. Indoor and outdoor fires may be used for cooking, warmth or recreational purposes without permit, provided, however, that such fires shall not be used for purposes of refuse disposal and shall not violate any other ordinance or State law.

Section 1010:20. Official Fires.

Subd. 1. Open fires may be set in performance of an official duty by the Fire Chief if the fire is necessary for one (1) or more of the reasons or purposes set forth in the subdivisions which follow.

Subd. 2. For the prevention of a fire hazard which cannot be abated by other means.

Subd. 3. For the instruction of public fire fighters or industrial employees under the supervision of the Fire Chief.

Subd. 4. For the protection of public health or welfare.

Subd. 5. Disposal of dangerous materials if no alternate means of disposal is reasonably available.

Section 1010:25. Authorization for Setting Approved Fires. Such fires may be set by the Fire Chief or designee upon his own initiative if required as part of his official duties, or upon application of interested parties in the manner provided in Minn. Stat. 88.16 and Minn. Stat. 88.17. Eff. 5/4/04

Subd. 1. Permit Required. A permit to start a fire to burn vegetative materials and other materials allowed by Minnesota Statutes or official state rules and regulations may be given by the Fire Chief or his/her authorized designee setting forth the time and conditions by which the fire may be started and burned. The permit shall specifically list the materials that may be burned. The permittee shall have the permit on his or her person during the fire and shall produce the permit for inspection when requested to do so by the Fire Chief, any firefighter, conservation officer, or other peace officer. The permittee shall remain with the fire at all times and before leaving the site shall completely extinguish the fire. A person shall not start or cause a fire to be started on any land that is not owned or under the person's legal control without the written permission of the owner, lessee, or an agent of the owner or lessee of the land. Violating or exceeding the permit conditions shall constitute a misdemeanor and shall be cause for the permit to be revoked. Eff. 5/4/04

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