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HomeMy WebLinkAbout2180-00 - ADMIN Ordinance - City Council - 2000/11/06ORDINANCE NO. 2180-00 AN ORDINANCE AMENDING CHAPTER 8 OF THE ST. LOUIS PARK MUNICIPAL CODE, CONCERNING OPEN BURNING WITHIN THE CITY OF ST. LOUIS PARK THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 8, Part 2 of the St Louis Park Municipal Code is amended by adding a new Section to read as follows: Section 8-212. Open Burning. A Purpose The purpose of this Chapter is to establish permitted categones of open burn events within the City and to provide for a permitting process for open burning B. Definitions For the purpose of this Chapter, the following words and phrases shall have the meanings ascribed to them in this section. BURNERS: CAMP FIRE: NON - RECREATIONAL OPEN BURNING: OPEN BURNING or OPEN FIRE. OPEN BURNING PERMIT: Formerly called "burn barrels." Shall have the same meaning as "Recreational Fire." Fires under managed supervision for which a burning permit has been issued by the Fire Chief or his/her designee and, where required by State law, from the Department of Natural Resources, but limited to the following: i) Fires purposely set for the instruction and training of public and industrial firefighting personnel u) Fires set for the elimination of a fire hazard, which cannot be abated by any other practicable means. iii) Fires purposely set for forest, praine grass conservation and game management purposes iv) The burning of trees, brush, grass and other vegetable matter in the cleanng of land, the maintenance of street, road and highway right-of-way and in accepted agncultural land management practices. As defined in the Minnesota Fire Laws, Statute 88.01; Subdivision 23 Open fire; open burning. A permit issued by the Fire Chief or his/her designee RECREATIONAL As defined in the Minnesota Uniform Fire Code, adopted FIRE: under Section 8-301 of the St. Louis Park Municipal Code. Ordinance No. 2180-00 -2- C Open Burning Prohibited. Except as otherwise provided herein, burners, open burning and recreational fires shall be prohibited within the City of St. Louis Park. Exemptions. The following open burning is permitted within the City, subject to the requirements of this Section, by permit only: 1. Recreational Fires. 2. Non -recreational Open Burning. Exemption to conduct fires under this section does not excuse a person from the consequences, damages or injunes 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 junsdiction in matters of pollution or fire hazard regulation. D Recreational Fires Recreational fires shall be conducted in accordance with Article 11 of the Minnesota Uniform Fire Code, and as specified within the St Louis Park Recreational Fire Permit application. E Burning Permit Required. No person shall start or allow any open burning on any property in the City, including Camp Fires and Recreation Fires, without first having obtained an Open Burning permit. F Application and Fees. Open Burning permits shall be obtained by making application on a form issued by the City and by paying the permit fee established from time to time by resolution of the City Council. The Fire Chief or his/her designee shall have the authonty to waive the fee required under this Section if the Fire Chief deems issuance of the permit to be in the best interest of the health, safety and welfare of the citizens of the City or to enable the regeneration of vegetation. G. Revocation of Open Burning Permit. The Open Burning Permit is subject to revocation at the discretion of a DNR Forest/Conservation Officer, The City Fire Chief or his/her designee, or the City Fire Warden. Reasons for revocation include, but are not limited to: a fire hazard existing or developing dunng the course of the burn, any of the conditions of the permit being violated dunng the course of the burn, pollution or nuisance conditions developing dunng the course of the burn, or a fire smoldering with no flame present. H. Burning or Air Quality Alert. No Open Burning will be permitted when the City or DNR has officially declared a burning ban due to potential hazardous fire conditions or when the Minnesota Pollution Control Agency "MPCA" has declared an Air Quality Alert. I. Rules Adopted by Reference. Minnesota Statutes 88.01 to 88.22 are hereby adopted by reference and made a part of this Ordinance as if fully set forth at this point. J. Penalty. Any person violating any provision of this Section is guilty of a misdemeanor. Ordinance No. 2180-00 -3- SECTION 2. Section 8, Part 2 of the St. Louis Park Municipal Code is amended by adding a new Subpart and accompanying Section to read as follows: Section 8-220: Fireworks. Fireworks A Prohibition. Except as otherwise provided in this Section, no person shall have, keep, store, sell, offer for sale, give away, use, transport, or manufacture any fireworks within the City. B. Fireworks Displays. 1 Exception A fireworks display and associated temporary storage of fireworks is permitted within the City by permit issued by the Fire Chief or his/her designee. 2 Requirements Any person conducting a fireworks display or temporarily stonng fireworks for a fireworks display permitted by the City must comply with the following: a. The fireworks display must be supervised by a pyrotechnic operator certified by the State Fire Marshall. b. The fireworks display and temporary storage must be in compliance with the Uniform Fire Code and all applicable requirements of Chapter 8 of the St. Louis Park Municipal Code and any other reasonable conditions required by the Fire Chief or his/her designee in issuing the permit. C. Application and Fees. Fireworks display and temporary storage permits shall be obtained by making application on a form issued by the City and by paying the permit fee established from time to time by resolution of the City Council. The Fire Chief or his/her designee shall have the authonty to waive the fee required under this Section if the Fire Chief deems issuance of the permit to be in the best interest of the health, safety and welfare of the citizens of the City. SECTION 3. Effective Date. This Ordinance shall take effect on January 1, 2001, after its passage and publication. Reviewed for Administration: Attest ty Clerk Adppted by the Council November 6, 2000 1 (. / Mayor ` Appr ved s to form and executr i, / .1 1, City Attorney „g4. STATE OF MINNESOTA) SS newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly sworn on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Sailor , or the president's designated agent, and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn Stat §331A 02, §331A.07, and other applicable laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks, it was first published on Wednesday, the 22 day of November 2000, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 2000, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice • abcdafghitklmnopgrstuvwxyz�� Subscribed and sworn t affirmed before me on thiscc day of , 2'00 Nota • Publisher Jr cL 1,)f t MERIDEL M HEDBLOM NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1.31.2005 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2 85 per line $ 6 20 per line $ 1.40 per line City of St. Louis Park (Official Pubhcatton) SUMMARY ORDINANCE NO. 2180-00 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO OPEN BURNING WITHIN THE CITY BY AMENDING SECTIONS 8:212 AND 8-220 This ordinance brings city code provisions up to date with] state fire code requirements regarding open burning This ordinance shall take effect 15 days after pubhcation Adopted by the City Council November 6, 2000 Jeffrey W Jacobs /s/ Mayor - A copy of the full text of this ordinance is available for m- apection with the City Clerk. (November 22, 2000)A3/ Ord 2180