[HISTORY: Adopted by the City Council of the City of Fairfax 7-5-1994 by Ord. No. 116. Amendments noted where applicable.]
Nuisances — See Ch. 155.
As used in this chapter, the following terms shall have the meanings indicated:
- BURNING PERMIT
- A permit issued by the City Clerk-Treasurer authorizing fires exempted from the general provisions hereof, and setting condition therefore.
- CAMP FIRE
- A fire set for cooking, warming, or ceremonial purposes, which is not more than three feet in diameter by three feet high, and has had the ground five feet from the base of the fire cleared of all combustible material.
- OPEN FIRE or OPEN BURNING
- A fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed fire box, structure or vehicle, and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack duct or chimney.
- As defined in Minn. Stat. § 116.06(17) (2005).
- RECREATION FIRE
- Same definition as a camp fire.
- A. Recreation fire site; requirements. An area of no more than a three-foot diameter circle (measured from the inside of the fire ring or border); completely surrounded by noncombustible and non-smoke or odor producing material, either of natural rock, cement, brick, tile or block of ferrous metal only and which area is depressed below ground, on the ground, or on a raised bed. Included are permanent outdoor wood burning fire places. Recreation fire sites shall not be located closer than 50 feet to any structure. Burners are not a recreation fire site as defined herein.
- B. Recreation fire burn; requirements. When a camp fire is used for recreation purposes, it must be ignited with an approved starter fluid 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; extinguished completely before quitting the occasion; and respecting weather condition, 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 or natural gas devices, are not defined as camp or recreation fires.
- STARTER FUELS
- Dry, untreated, unpainted wood 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 fire.
- Dry, clean fuel only such as twigs, branches, limbs, "presto logs," charcoal, cordwood 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 recreation fires when cut into three foot lengths.
From and after the effective date of this chapter, except as herein otherwise provided, open burning shall be prohibited within the City of Fairfax.
Open burning of the types, and subject to the conditions, as hereinafter stated, shall be exempt from the prohibition of § 99-2 of this chapter:
Fires under managed supervision for which a burning permit has been obtained from the City Clerk-Treasurer and, where required by state law, from the Department of Natural Resources, but limited to the following:
Fires purposely set for the instruction and training of public and industrial fire-fighting personnel.
Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means.
The burning of piled trees, brush, grass and other vegetable matter shall be permitted to occur from dawn to 7:00 p.m. on each Wednesday and Saturday beginning with the first Wednesday of October and ending with the last Saturday in November of each year.
Ground thawing for utility repairs and construction.
Exemption to conduct fires 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.
Block One, Two and Three of the Original Plat, Blocks Five, Eight and Nine of the Fairfax Council Replat, and the right-of-way of the MNVA Railroad, Inc., are hereby declared to be within the fire limits of the City solely for the purposes of this chapter. It shall be unlawful to burn within the above defined fire limits of this City or on any public owned or controlled lot or parcel of land, street, public sidewalk or other public place which has not been set aside by public authorities for such purpose.
Open burning permits shall be obtained by making application on a form prescribed by the Department of Natural Resources (DNR) and adopted by the City. The permit application shall be presented to the City Clerk-Treasurer for review and processing.
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 fire suppression equipment. The open burn fire shall be completely extinguished before the permit holder or his representative leaves the site. No fire may be allowed to smolder.
Minnesota Statutes §§ 88.02-88.22, 88.75, 88.76 and Minnesota Uniform Fire Code are hereby adopted by reference and made a part of this chapter as if fully set forth at this point.
This chapter shall affect the area as set forth and on file with the Clerk-Treasurer of the City of Fairfax, which is incorporated in and made a part of this chapter.
Any person violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed $1,000 or by imprisonment in the county jail for not more than 90 days, or both.