HomeMy WebLinkAbout0457 Ord (Establishing Open Burn Restrictions)018
ORDINANCE NO. 457
AN ORDINANCE ESTABLISHING OPEN BURNING RESTRICTIONS.
THE CITY COUNCIL OF THE CITY OF STILLWATER DO ORDAIN AS FOLLOWS:
Section 1. Adoption of Minnesota Pollution Control Agency Air
Pollution Control Rule-', Regulations and Air Quality Standards, Chapter
Eight. The City Conncil of the City of Stillwater for.. the purpose of
prescribing regulations restricting open burning in the. City of Stillwater.
hereby adopts that certain regulation known as Minnesota Pollution Control
Agency Air Pollution Control Rules, Regulations and Air Quality Standards,
Chapter Eight, as amended, filed with the Secretary of State and the
Department of: Administration of the State of Minnesota in July of 1969 by
the Minnesota PPollution "Control Agency, of which Regulation three copies
thereof marked as the Jefficial copies have been filed for the use and:<
examination of the public in the office of the City Clerk of the City of
Stillwater; that said Regulation is hereby adopted and incorporated as
fully as if set out at length herein, and from the date on which this
Ordinance ..shall take effect the provisions thereof shall be controlling
within thelimits of the City of Stillwater, County of Washington, State of
Minnesota, except as is hereinafter, modified by this Ordinance.
Section 2. Refuse Burning Restrictions. No person shall dispose of
refuse by open burning, or cause, suffer, allow or permit open burning of
refuse.
Section 3. Prohibitions of Salvage Operations by Open Burning.
(1) Noperson shall conduct, cause or permit the conduct of a salvage
operation by open burning.
(2) A salvage operation shall not constitute an installation within the
meaning of Air. Pollution Control Rules, Regulations and Air Quality Standards,
Chapter Three,' of Minnesota Pollution Control Agency.
Section 4. Restriction on Open Burning of Tree Leaves. The open burn-
ing of leaves is prohibited.
Section. 5. Exceptions. Exceptions herefrom may be allowed upon..
application and approval by the Public Safety Director provided that the
burning is not prohibited byor is conducted in compliance with other applic-
able laws,ordinances and .regulations. Exemption to conduct open burning under
the provision of this regulation does not excuse a person from the consequences,.
damages or injuries which may result therefrom. The following are exceptions .for
which application may be made:
(1) Fires purposely set for the instruction and training of public and
industrial fire -fighting personnel.
(2) Fires set for the elimination of a fire hazard which cannot be
abated by any other practicable means.
(3) Fires purposely set for forest or game management in accordance with
practices recommended by the Minnesota Department of Conservation, the Minnesota
Department of Agriculture and the United States Forest Service.
(4) The burning of hydrocarbons which must be wasted through the use of
atmospheric flares.
(5) The burning of trees, brush, grass and other vegetable matter in the
clearing of land, right of way maintenance operations and agricultural crop
burning is permitted under the following conditions:
(a) The prevailing winds at the time of burning must be away from
any city or town.
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(b) The location of burning must not be within 1,000 feet or an
occupied residence other than those located on the property on which
the burning is conducted.
(c) Oils, rubber or other similar materials which produce unreason-
able amount of air contaminants may not be burned.
(d) The burning must not be conducted within 1,000 feet of any highway
or public road and in any event must be controlled so that a traffic hazard
is not created.
(e) The burning must not be conducted within one mile of any military,
commercial, county, municipal or private airport or landing strip.
Section 6. Penalty. Any person who violates any provision of this
ordinance shall upon conviction thereof be punished by a fine not exceeding
$300.00 and/or by imprisonment for a period not exceeding ninety (90) days.
Section 7. Effective Date. This ordinance shall be in full force and
effect from and after its passage and publication according to law.
Adopted by the Council this 25th day of August, 1970.
Published: August 31, 1970
Mayor
Attest:
City Clerk