ORD 11-03ORDINANCE NO.: 2011-03
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO
REGULATING OPEN BURNING.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 5, Section 4 of the Otsego City Code is hereby amended to
read as follows:
SECTION 4
OPEN BURNING
Section:
5-4-1
Definitions
5-4-2
Open Burning Prohibited
5-4-3
Exceptions
5-4-4
Office of Fire Marshal
5-4-5
Burning Permits
5-4-6
Prohibited Materials
5-4-7
Responsibility
5-4-8
Criminal Penalty
5-4-1: DEFINITIONS:
Burning Permit: A written permit issued by the City Fire Marshal authorizing fires
exempted from the general provision hereof, and setting conditions therefore.
Control Equipment: Control equipment shall mean any device, approved by the
Minnesota Pollution Control Agency, which has the function of controlling or abating the
emission of air contaminants to the atmosphere.
Fire Marshal: The Fire Chief, Fire Marshal, and Assistant Fire Marshals of the Fire
Department which provides fire protection services to the City or other contracted
person providing services to the City.
Open Burning: Burning any matter whereby the resultant combustion products are
emitted directly to the open atmosphere without passing through any adequate control
equipment.
Person: Defined in Minnesota Statutes Section 116.06, Subd. 8.
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.
5-4-2: OPEN BURNING PROHIBITED: From and after the effective date of this
ordinance, except as herein otherwise provided, open burning shall be prohibited within
the City of Otsego.
5-4-3: EXEMPTIONS: Open burning of the types and subject to the conditions,
as hereinafter stated, shall be exempt from the prohibition of Section 5-4-2 of this
Ordinance.
A. Recreational fires subject to the following:
Recreational fire sites shall not be located closer than twenty (20) feet to
any structure.
2. Recreational fires shall be limited to the burning of the following materials:
a. Dry, untreated, unpainted, kindling, branches, cardboard or
charcoal fire starter may be used as starter fuels. 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.
b. Dry, clean wood only such as twigs, branches, limbs, "presto logs,"
charcoal, cord wood or untreated dimensional lumber but 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 lengths of not more
than (3) feet.
B. Fires under managed supervision for which a written burning permit has been
first obtained from the City Fire Marshal, where necessary, but limited to the
following:
1. Fires purposely set for the instruction and training of public and industrial
fire fighting personnel.
2. Fires set for the elimination of a fire hazard which cannot be abated by any
other practicable means.
3. Fires purposely set for forest and game management purposes.
4. The burning of trees, brush, grass and other vegetable matter in the
clearing of land, the maintenance of street, road and highway right-of-way,
and in accepted agricultural land management practices.
5. Any exemption hereafter adopted by the Pollution Control Agency.
C. Exemption to conduct fire under this section does not excuse a person from the
consequences, damages or injuries which may result there from nor does it
exempt any person from regulations promulgated by the governmental unit
exercising jurisdiction in matters of pollution in accordance with Section 5-4-7 of
the City Code.
5-4-4: OFFICE OF FIRE MARSHAL: The Fire Marshal and one or more Deputy
Fire Marshals may be appointed by the City Council and shall serve at the pleasure of
the City Council and subject to its direction and control.
5-4-5: BURNING PERMIT REQUIRED:
A. 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 Section 5-4-3.A of
this Chapter.
B. Applications for a burning permit under this Chapter shall be processed in
accordance with Minnesota Statutes 88.17 as may be amended.
C. 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 Wright County
Sherriff's Office, Fire Department, MPCA representative or DNR forest officer.
D. The open burning permit is subject to revocation at the discretion of DNR forest
officer, Fire Marshal, Wright County Sherriff's Office or Fire Warden for reasons
including, but 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.
E. 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 Marshal, these officers may deny the application for the open burn
permit.
5-4-6: 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, sheetrock,
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.
5-4-7: RESPONSIBILITY: Those starting an open burn or recreational fire
allowed under this Section shall be responsible for:
A. Prior to starting an open burn or recreational fire, confirmation is required that no
burning ban or air quality alert is in effect. Every open burn or recreational fire
event shall be constantly attended by the burning permit holder, the person
starting the recreational fire or their competent representative.
B. The open burn or recreational fire shall be completely extinguished before the
burning permit holder or the person starting the recreational fire or their
representative leaves the site. No fire may be allowed to smolder with no person
present.
5-4-8: CRIMINAL PENALTY: Any person violating the provisions of this
ordinance shall be punished as defined by State law or the City Code.
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY: CM SCHARBER
SECOND BY: CM SCHROEDER
ALL IN FAVOR: MAYOR STOCKAMP: COUNCILMEMBERS: SCHARBER, SCHROEDER, HEIDNER AND
DARKENWALD
THOSE OPPOSED: NONE
ADOPTED by the City Council of the City of Otsego this 24th day of
January, 2011.
ATTEST:
CITY OF OTSEGO
W 11', 1 1 IN 11 ACANINA
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