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City Council Ordinance 151ORDINANCE AMENDMENT NO. 151 THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, DO HEREBY ORDAIN: TITLE 5 CHAPTER 4 Section: 4-1 Definitions 4-2 Burning Restricted 4-3 Open Burning Permit Applications 4-4 Permit Denial and/or Revocation 4-5 Liability 4-6 Conflicting Laws 4-7 Recreational Fires 4-8 Penalty 4-1: DEFINITONS [A) SCOPE: As used herein the following words shall have the meanings defined herein [B] NATURAL/VEGETATIVE MATTER: "Natural/Vegetative Matter" means grass clippings, leaves, twigs, sticks, and branches, but not the main trunk nor primary limbs of trees, and the non -harvested parts of garden plants. [C] OPEN BURNING: "Open burning" means the burning of any matter whereby the resultant combustion products are emitted directly to the atmosphere without passing through an adequate stack, duct, or chimney. 4-2: BURNING RESTRICTED [A3 No person shall cause, allow or permit any burning in the City of Monticello, except as may hereinafter be allowed. [B3 Open burning may be conducted if an open burning permit is obtained pursuant to the requirements of this ordinance and other regulations of local, state and federal agencies. 4-3: OPEN BURNING PERMIT APPLICATIONS [A3 APPLICATION. Application for open burning permits may be made in cases where fires are proposed to be set for the following purposes: 1. bona fide instruction and training of fire fighting personnel and for the testing of fire extinguishing equipment; 2. elimination of fire of health hazards which cannot by abated by any other practicable means; 3. activities in accordance with accepted forest or game management; 4. ground thawing for utility repair and contruction; 5. the disposal of trees, brush, grass, and other material/vegetative matter in the development of land and right-of-way maintenance. JPI RESTRICTIONS. A burning permit shall be issued on a prescribed form to the applicant if the burning is for one of the purposed set forth in [A] and the applicant agrees that all burning shall be conducted under the following circumstances: 1. The prevailing wind at the time of the burning shall be away for nearby residences. 2. The burning shall be conducted as far away as practical from any highway or public road and controlled so that a traffic hazard is not created. 3. The burning may not be conducted during the duration of an air pollution alert, warning, or emergency. 4. The recipient of the permit or his authorized representative shall be present for the duration of any fire authorized by the permit. 5. Prior notice shall be given to the local department of natural resources forest officer, local fire marshal or local fire chief of the time and location of any fire authorized by the permit. 6. Open burning for ground thawing shall be conducted in accordance with the following additional restrictions: a) Fuels and starting materials shall be of a kind which do not generate appreciable smoke. b) Coke used for ground thawing within 500 feet of dwellings or occupied buildings shall contain less than one percent sulfur. c) Ambient air quality standards for sulfur dioxide and carbon monoxide shall not be exceeded at occupied residences other than those located on the property on which the burning is being conducted. d) Propane gas thawing torches or other devices causing minimal pollution shall be used when practicable. 7. Open burning of materials permitted in Section 3-3 (A] 5-7, shall be conducted in accordance with the following additional restrictions: a) The location of the burning shall not be within 600 feet of an occupied residence other than those located on the property on which the burning is conducted. b) Oils, rubber, and other similar smoke producing materials shall not be burned or used as starting materials. c) The burning shall not be conducted within one mile of any airport or landing strip, unless approved by the director. 8. The following persons are authorized to accept application and issue open burning permits. 1. Zoning Administrator 2. Building Official 3. Fire Chief 4-4: PERMIT DENIAL;PERMIT REVOCATION (A) Any permit application submitted shall be denied if: 1. a reasonable, practical alternative method of disposal of the material is available; or 2. a nuisance condition would result from the burning. EB3 Any permit is subject to revocation at the discretion of a department of natural resources forest officer, the local fire marshal or fire chief, or the permit issuer, if: 1. a reasonable practical method of disposal of the material is found; 2. a fire hazard exists or develops during the course of the burning; or 3. any of the conditions of the permit are violated. 4-5: LIABILITY The granting of an open burning permit under any provisions of this ordinance does not excuse a person from the consequences, damages, or inquires which may result therefrom. 4-6: CONFLICTING LAWS Nothing in this ordinance shall be construed to allow open burning in those areas in which open burning is prohibited by other laws, regulations, or ordinances. 14-7: RECREATIONAL Fire set for recreational, ceremonial, food preparation, or social purposes are permitted provided only wood, coal, or charcoal is burned. 14-8: PENALTY Any person violating the terms of this ordinance shall, upon conviction, by guilty of a misdemeanor. Adopted this 23rd day of June, 1986. Arve A. Grimsmo, Mayor Eel_ Thomas A. Eidem City Administrator This ordinance takes effect upon publication.