HomeMy WebLinkAboutOrdinance No. 1489
ORDINANCE NO. 1489
BEING AN ORDINANCE PERTAINING TO
AIR QUALITY STANDARDS
The City of Columbia Heights does ordain:
Chapter 8, Article IV, Section 2 (8.402), of Ordinance No. 853, City Code of 1977, which
currently reads as follows, to-wit:
8.402(1) Open Fire Burning.
No person shall burn materials in an "open fire", that is, a fire burning outside the confines of a
structure or container, or in a firebox, which is designed to control and contain a fire, if the products
or combustion create a visual, or odor nuisance in the air space of other property users. Except as
provided in this ordinance and Minnesota Statutes, no burning shall be conducted which violates
Minnesota's Clean Air Act. Violation of either or both standards shall constitute a misdemeanor
under the City Code.
8.402(2) Permitted Fires
A fire contained in a grill or barbeque designed for the preparation of food shall be a permitted fire
under this subsection.
The Fire Depa.'iment is authorized to permit, "recreation rlres", without charge, provided the resident
first provides notice to the Fire Department of its intent to have a"recreation fire and there is no
violation of the City's Air Quality Standards. A "recreation f ire means a fire set for cooking,
warming or ceremonial purposes, which is not more than three (3) feet in diameter, the surrounding
ground is clear of readily combustible materials for a distance of five (5) feet from the base of the
fire, there is a readily available and operable fire extinguishing device, and there is a responsible
adult in continuous supervision at the fire. Violation of these "permission" requirements shall
constitute a misdemeanor under the City code.
The Fire Department is authorized to permit a "festival bon fire", if requested by a State recognized
agency or institution, such as an annual high school homecoming football celebration. Special
conditions for the bon fire may be imposed, such as the presence of fire department personnel and
equipment, approving the location of the bon fire, and the presence of adult supervisors. The Fire
Department is authorized to charge the permittee for actual expenses incurred in the monitoring of
the permitted fire.
The Fire Department is authorized to permit an open bmn of timber and/or untreated lumber or
debris when necessary to avoid or abate a public hazard and there is no practical alternative to
dispose of the materials, City COlIDCil concurrence of justifying circumstances is a condition
precedent to the Fire Department's permit issuance.
8.402(3) Fire Department Training.
The Fire Department is authorized to conduct live fire training exercises, which are conducted in
accordance with Milmesota Statutes and rules of the Department of Natural Resources and
Minnesota Pollution Control Agency.
Such exercises shall not constitute a violation of this ordinance.
This Ordinance shall be in full force and effectfrom and after the date of its passage and publication.
IS HEREWITH AMENDED TO READ AS FOLLOWS
8.402(1) Open Fire Burning.
No person shall burn materials in an "open fire", that is, a fire burning outside the confines of a
structure or container, or in a firebox, which is designed to control and contain a fire, ifthe products
or combustion create a visual, or odor nuisance in the air space of other property users. Except as
provided in this ordinance and Minnesota Statutes, no burning shall be conducted which violates
Minnesota's Clean Air Act. Violation of either or both standards shall constitute a misdemeanor
under the City Code.
8.402(2) Permitted Fires
A fire contained in a grill or barbeque designed for the preparation of food shall be a permitted fire
under this subsection.
The Fire Department is authorized to permit, "recreation fires" provided the resident first provides
notice to the Fire Department of its intent to have a recreation fire and there is no violation of the
City's Air Quality Standards. A "recreation f ire means a fire set for cooking, warming or
ceremonial purposes, which is not more than three (3) feet in diameter, the surrounding ground is
clear of readily combustible materials for a distance of five (5) feet from the base of the fire, there is
a readily available and operable fire extinguishing device, and there is a responsible adult in
continuous supervision at the fire. Violation of these "permission" requirements shall constitute a
misdemeanor under the City code. The Fire Department is authorized to impose additional
regulations to ensure the health and welfare of our citizens and for the protection of property.
The Fire Department is authorized to permit a "festival bon fire", if requested by a State recognized
agency or institution, such as an annual high school homecoming football celebration. Special
conditions for the bon fire may be imposed, such as the presence of fire department personnel and
equipment, approving the location of the bon fire, and the presence of adult supervisors.
The Fire Department is authorized to permit an open burn of timber a.nd/or lmtreated lumber or
debris when necessary to avoid or abate a public hazard and there is no practical alternative to
dispose of the materials, City Council concurrence of justifying circumstances is a condition
precedent to the Fire Department's permit issuance.
Feesfor recreationfire, festival bonfire, and open burn permits shall be in accordance with thefee
schedule adopted by The City of Columbia Heights by Resolution.
8.402(3) Fire Department Training.
The Fire Department is authorized to conduct live fire training exercises, which are conducted in
accordance with Minnesota Statutes and mles of the Department of Natural Resources and
Minnesota Pollution Control Agency.
Such exercises shall not constitute a violation of this ordinance.
This Ordinance shall be in full force and effect 30 days after its passage.
First Reading:
Second Reading:
Date of Passage:
June 27, 2005
July 11,2005
July 11,2005
Offered by: Kelzenberg
Seconded by: Williams
Roll Call: Ayes: Peterson, Williams, Ericson Diehm, Kelzenberg
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Mayor Gary L. Peterson
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PatnCIa MuscoVltz, CMC l
Deputy City ClerldCouncil Secretary