HomeMy WebLinkAboutOrd. 237 - Open Burning
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 237
An Ordinance repealing Ordinance No. 69 adopted February 19, 1985; Ordinance No.
69A adopted April 7, 1992 and Ordinance No. 69B adopted May 21,1996.
AN ORDINANCE REGULATING OPEN BURNING WITHIN THE CITY OF
ANDOVER AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
The City Council of the City of Andover hereby ordains as follows:
Section 1. Definitions.
Person An individual, corporation, association, society or firm.
Oven Burning Burning any matter whereby the resultant combustion products are
emitted directly to the open atmosphere without passing through
any adequate control equipment.
Control Eauipment Control equipment shall mean any device, approved by the
Minnesota Pollution ControlAgency, which has the function of
controlling or abating the emission of air contaminants to the
atmosphere.
Recreational Fire A wood burning fireplace and/or open fire used solely for outdoor
food preparation.
Burning Permit A written permit issued by the City Fire Chief and/or City Fire
Marshal authorizing fires that are exempt from the general
provisions hereof, and setting conditions therefore.
Section 2.
Open Burnin!?: Prohibited.
From and after the effective date of this Ordinance, except as herein otherwise provided,
open burning shall be prohibited within the City of Andover.
Section 3.
Exemptions.
Open burning ofthe types, and subject to the conditions, as hereinafter stated, shall be
exempt from the prohibition of Section 2 of this Ordinance:
A. Recreational Fires. Rules and Regulations.
Recreational fires are allowed, but are subject to the following limitations:
Burning will be allowed from 5:00 p.m. until 1:00 a.m. (Monday through
Friday) and from noon until 1 :00 a.m. on Saturday, Sunday, Memorial Day,
Independence Day and Labor Day. Recreational fires will not be allowed for
more than three (3) consecutive days at the same property or location.
The fire is to be attended at all times by a responsible person who understands
the rules for burning and who can also use the extinguishing equipment that
must be present. An attendant shall supervise the burning material until the
fire has been properly extinguished. Shovels, buckets of water, and a garden
hose are considered proper equipment.
The fire can be no larger than three (3) feet by two (2) teet and: flames no
higher than three (3) feet. Fires larger than this requirement are not permitted.
The fire must be constructed in a "fire ring" and/or pit at least twenty-five (25)
feet away from any structure.
The wind speed must be below ten (10) miles per hour.
Flammable liquids may not be used to start any recreational fire.
If a burning ban is in effect, all recreational fires are prohibited.
Only clean, dried wood (similar to what is burned in a living room fireplace)
or charcoal is permitted to be burned. Absolutely no grass, leaves, or brush is
allowed to be burned.
The following are prohibited materials and cannot be burned.
1. Tires, rubber or rubber products.
2. Chemically treated lumber.
3. Railroad ties, telephone poles.
4. Plastic pesticide or herbicide containers.
5. Chemicals of any kind.
6. Plastic liners in seed, feed, or pesticide bags.
7. Any plastic containers or other household waste.
8. Tar paper, shingles, or other asphalt materials.
9. Insulation.
10. Composition board or sheet rock.
11. Construction materials.
12. Wiring, insulation on wiring, or cable.
13. Hazardous waste (including household hazardous waste).
14. Commercial or institutional structures.
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15. Paint or paint filters.
16. Used motor oil or other petroleum-based liquids.
17. Vehicles, motors, or parts of vehicles or motors.
18. Furniture.
19. Other items or materials as determined by the Fire Chief to not be
appropriate.
Violations of any of the above rules will result in the immediate
extinguishment of the fire. These and any other violation of the open burning
laws could result in loss of the right to have recreation fires and may result in
a citation.
B. Fires under managed supervision, for which a written burning permit has
first been obtained from the City Fire Chief and/or Marshal, where necessary, but
limited to the following:
1) Fires purposely set for the instruction and training of public and
industrial firefighting personnel.
2) Fires set for the elimination of a fire hazard which cannot be abated
by any other practicable means.
3) The burning of trees and brush. The fee for such permit shall be as
set by City Council Resolution.
4) Any exemption hereafter adopted by the Minnesota Pollution
Control Agency.
C. Exemption to conduct fire or burn under this Section does not excuse a person
from the consequences, damages or injuries which may result therefrom
nor does it exempt any person from regulations promulgated by the
Minnesota Pollution Control Agency or any other governmental unit
exercising jurisdiction in matters of pollution or fire hazard regulation.
D. Minnesota Rules, Parts 7005.0700 to 7005.0820 (and as amended) are
hereby adopted relating to open burning and issuance of permits.
Section 4.
Severabilitv.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of
the Ordinance.
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Section 5. Penaltv.
Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor
and upon conviction thereof, shall be punished as defined by State Law.
Section 6. Effective Date.
This Ordinance shall be effective upon its passage and publication.
Adopted by the City Council of the City of Andover on this 4th day of November, 1997.
ATTEST:
CITY OF ANDOVER
Lt~ IdL
Victoria V olk, City Clerk
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