COUNTY OF ANOKA
STATE OF MINNESOTA

ORDINANCE NO. 36A

AN ORDINANCE AMENDING THE CENTERVILLE CITY ORDINANCES BY REPEALING THE CURRENT ORDINANCE 36, OPEN BURNING AND REPLACING IT WITH AN UPDATED OPEN BURNING PERMITS REQUIRED ORDINANCE.

The City Council of the City of Centerville ordains:

Section 1. Open Burning. Ordinance 36, Open Burning is hereby repealed.

Section 2. Open Burning, Burning Permits Required. The Centerville City Ordinances are hereby amended by adding Ordinance 36A, Open Burning, Burning Permits required as follows:

2.1 PURPOSE:

The purpose of this section is to establish permitted categories of
open burn events for residences and farms within the City of Centerville and provide for a permitting process for residential and agricultural open burning, except when such open burning is defined as a "Recreational Fire" as prescribed in this section.

2.2 DEFINITIONS:

For the purpose of this section, the terms in this section have the meaning given them.

(a) Open Burning. "Open Burning" means 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.

(b) Recreational Fire. A "Recreational Fire" means a fire set with approved starter fluid no more than three (3) 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 or 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. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers and propane gas or natural gas devices are not defined as recreational fires. No more than one recreational fire is allowed on any property at one time.

(c) Recreational Fire Site. "A Recreational Fire Site" means 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 material, either of natural rock, cement, brick, tile or blocks or ferrous metal only and which area is depressed below ground, on the ground or on a raised bed. Included are permanent outdoor woodburning fireplaces. Burning barrels are not a Recreational Fire Site as defined herein. Recreational Fire Sites shall not be located closer than 25 feet to any structure.

(d) Starter Fuels. "Starter Fuels" means dry, untreated, unpainted kindling, branches or 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.

(e) Wood. "Wood" means dry, clean fuel only such as twigs, branches, limbs "presto logs", charcoal, cord wood or untreated dimensional lumber. "Wood" 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 (3) foot lengths.

(f) Fire Chief, Fire Marshal and Assistant Fire Marshals are the Fire Chief, Fire Marshal and Assistant Fire Marshals of the Centennial Fire District, who have been appointed as fire wardens by the Commissioner of Natural Resources for Minnesota.

2.3 PROHIBITED MATERIALS.

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, sheetrock, wiring, paint or paint filters.

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 or commercial or institutional structures.

No person shall conduct, cause or permit open burning of discarded material resulting from the handling, processing, storage, preparation, serving or consumption of food.

No person shall conduct; cause or permit open burning of any leaves or grass clippings.

2.4 PERMIT REQUIRED FOR OPEN BURNING:

No person shall start or allow any open burning on any property in the City of Centerville without first having obtained an Open Burning permit, except that a permit is not required for any fire, which is a Recreational Fire as defined herein.

2.5 PURPOSES ALLOWED FOR OPEN BURNING:

Open Burn permits may be issued only for the following purposes:

(a) Elimination of fire of health hazard that cannot be abated by other practical means.

(b) Ground thawing for utility repair and construction.

(c) 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.

(d) Disposal of diseased trees generated on site, diseased or infected nursery stock, or diseased bee hives.

(e) 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.

Fire Training permits can only be issue by the Minnesota Department of Natural Resources.

2.6 PERMIT APPLICATION FOR OPEN BURNING AND PERMIT FEES:

Open Burning permits shall be obtained by making application on a form prescribed by the Department of Natural Resources (DNR) and adopted by the Centennial Fire District. The permit application shall be presented to the Fire Chief, Fire Marshal and Assistant Fire Marshal for reviewing and processing said applications.

An Open Burning permit shall require fee. Permit fees shall be set annually by City Council resolution. However, the City Council may at other times amend its resolution setting the fee, as it deems necessary. The fee established by City Council resolution shall continue to be the required fee until amended by a resolution.

2.7 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 Marshal shall schedule a preliminary site inspection to locate the proposed burn site, not special conditions, set dates and times of permitted burn and review fire safety considerations.

2.8 PERMIT HOLDER RESPONSIBILITY:

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/her competent representative. The Open Burning site shall have available, appropriate communication and fire suppression equipment as set out in the fire safety plan.

The Open Burn fire shall be completely extinguished before the permit holder or his/her representative leaves the site. No fire may be allowed to smolder with no present. It is the responsibility of the permit holder to have a valid permit, as required by this section, available for inspection on the site by the Centerville Police Department, Centennial Fire District, MPCA representative and/or DNR forest officer.

The permit holder is responsible for the 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.

2.9 REVOCATION OF OPEN BURNING PERMIT:

The Open Burning Permit is subject to revocation at the discretion of a DNR forest officer, or the Fire Chief, Fire Marshal, or Assistant Fire Marshal. 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.

2.10 DENIAL OF OPEN BURNING PERMIT:

If established criteria for the issuance of an open burning permit are not met during review of said 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 drafter to the satisfaction of the Fire Chief, Fire Marshal, or Assistant Fire Marshals, these officer's may deny the application for the open burn permit.

2.11 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.

2.12 RULES ADOPTED BY REFERENCE:

Minnesota Statues 88.16 to 88.22 and Minnesota Uniform Fire Code (where adopted), are hereby adopted by reference and made a part of this ordinance as if fully set forth at this point.

Section 3. Penalty. Any person violating any provision of this Ordinance is guilty of a misdemeanor and upon conviction shall be punished by a fire and/or imprisonment.

Section 4. Effective Date. This ordinance shall become effective after it's full publication.

Passed by the Centerville City Council this 10th day of August, 1994.