[Ord. 302, 4/17/2017[1]]
The purpose of this Part is to prevent public nuisances caused
by outdoor fires deliberately or carelessly set or maintained; to
avoid unnecessary calls and false alarms to the Crystal Fire Department;
and to protect the public health and welfare and promote public safety.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Part 1, Outdoor Fires, adopted 1/31/1994 by Ord. 4, as amended.
[Ord. 302, 4/17/2017]
Certain words and phrases used in this Part shall have the following
meanings:
Any outdoor fire set or maintained within a fireproof container
or a fire ring made of fireproof materials.
A device designed and operated to prevent fly ash, sparks
and other combustible materials from directly entering the atmosphere
from an outside fire.
Any fire set or maintained outside of a building.
A device or apparatus which is installed, affixed or situated
outdoors for the combustion of fuel to produce heat or energy for
a separate building or for a potable water source in a separate building.
Any individual, partnership, corporation or other business
entity.
An outdoor fire other than a contained fire.
[Ord. 302, 4/17/2017]
1.
No person shall set or maintain an outdoor fire within 20 feet of
any property line, and/or endanger any building or property.
2.
No person shall set or maintain an outdoor fire which discharges
noxious odors, dense smoke or fly ash onto neighboring properties.
3.
No person shall set or maintain an outdoor fire for the purpose of
disposal of materials releasing large quantities of hydrocarbons,
such as petroleum products, tires, roofing materials, shingles, processed
wood products, nonwood products, garbage, recyclable material, painted
or treated wood, or similar materials. There is exempted from this
restriction any outdoor fire set or maintained by the Crystal Fire
Department for approved training of firefighters.
4.
No person shall set or maintain an outdoor fire unless it is constantly
maintained by at least one adult person.
5.
No person shall set or maintain an outdoor fire during any period
for which the chief of the Crystal Fire Department has issued a public
ban on outdoor burning.
[Ord. 302, 4/17/2017]
1.
No person shall set or maintain an uncontained fire on any public
street or public property.
2.
No person shall set or maintain an uncontained fire anywhere within
the City except in the Rural Conservation (RC) Zoning District (or
similar district in any successor zoning ordinance) or at a location
approved in advance by the City Manager.
3.
No person shall set or maintain an uncontained fire unless twenty-four-hour
advanced notice of said fire has been given to the City Manager and/or
the Crystal Fire Department.
[Ord. 302, 4/17/2017]
1.
All outdoor furnaces shall be installed, operated and maintained
in accordance with the manufacturer's specifications and the
regulations promulgated under this Part, including the Outdoor Furnace
Best Burn Practices OFBPP in Appendix A attached to this ordinance.
In the event of any conflict between this chapter and the regulations
contained in Appendix A, the stricter regulations shall apply.
2.
Fuel used in outdoor furnaces shall be only natural, untreated wood
or wood specifically permitted by the manufacturer, coal, fuel oil,
natural gas or kerosene. Fuel that is prohibited from being used in
outdoor furnaces shall include processed wood products and other nonwood
products, garbage, recyclable material, painted and/or treated wood,
and any other item not specifically allowed by the manufacturer or
any other material that produces noxious odors or dense smoke.
[Ord. 302, 4/17/2017]
The provisions of this Part may be enforced by a City Code Enforcement
Officer or by any member of the St. Marys Police Department.
[Ord. 302, 4/17/2017]
1.
Any person who violates any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600 plus costs
and, in default of payment of said fine and costs, undergo imprisonment
for a term not exceeding 30 days. Each day that a violation of this
Part continues shall constitute a separate offense.
2.
In addition to the above penalty, any violation of this Part may
be subject to injunctive relief.
