Open Burning


96.01     Definitions

96.02     Open burning permit required

96.03     Prohibitions


                                                                  Outdoor Fire Boilers


96.15     Purpose

96.16     Applicability

96.17     Definitions

96.18     Outdoor fired boilers

96.19     Materials that may not be burned

96.20     Liability




                                                                    OPEN BURNING





For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.


CAMPFIRE or RECREATIONAL 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 disbursed, which is not contained within a fully enclosed firebox, 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.


SNOW‑COVERED. The ground has a continuous, unbroken cover of snow, to a depth of three inches or more, surrounding the immediate area of the fire sufficient to keep the fire from spreading.

(Prior Code, § 512.01)




(A)  Except as provided in division (B) below, no person shall conduct open burning within the city without first obtaining an open burning permit from the Clerk/Treasurer.


(B)  No permit for open burning is required to be obtained for the following kinds of open fires:


(1)   A fire started when the ground is snow-covered;


(2)   A campfire or recreational fire;


(3)   A fire contained in a grill, camp stove, or other device designed for the purpose of cooking or heating;


(4)   A fire to burn dried vegetative materials and other materials allowed by state statutes or official state rules and regulations in a burner of a design which has been approved by the State Commissioner of Natural Resources and with which there is no combustible material within five feet of the base of the burner and is in use only between the hours of 6:00 p.m. and 8:00 a.m. of the following day, when the ground is not snow-covered;


(5)   A fire to burn leaves that have fallen in the fall season from deciduous trees; and


(6)   Every fire shall be constantly attended by a competent person 18 years of age or older and the fire shall be completely extinguished by them before leaving the fire unattended.

(Prior Code, § 512.02)  Penalty, see § 10.99





(A)  An open burning permit issued hereunder shall not authorize the burning of any material, object, or substance prohibited to be openly burned by the provisions of M.S. § 88.171, as it may be amended from time to time, or any act amendatory thereto.


(B)  The Fire Department or County Sheriff’s office has the right to extinguish a fire for any reason such as it being offensive or objectionable due to smoke or odor emissions, or any other circumstances that make the fire a hazard or public nuisance.

(Prior Code, § 512.03)




                                                           OUTDOOR FIRE BOILERS



§ 96.15  PURPOSE.


This subchapter is intended to promote the public health, safety, and welfare and to safeguard the health, comfort, living conditions, safety, and welfare of the citizens of the city by regulating the air pollution and fire hazards of outdoor fire boilers.

(Prior Code, § 710.1)





(A)  This subchapter applies to all outdoor fire boilers within the city.


(B)  This subchapter does not apply to grilling or cooking food using charcoal, wood, and propane, natural gas in cooking or grilling appliances.


(C)  This subchapter does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace, or other heating device within a building used for human or animal habitation.


(D)  This subchapter does not apply to the use of propane, acetylene, natural gas, gasoline, or kerosene in a device intended for heating, construction, or maintenance activities.


(E)  This subchapter does not apply to campfires; a small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.

(Prior Code, § 710.2)





For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.


CONSTRUCTION AND DEMOLITION DEBRIS. Building waste materials, including but not limited to waste shingles, insulation, tar paper, wallboard, treated wood, painted wood, wiring, plastics, packaging, pallets, and rubble of other similar smoke producing materials that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.


OUTDOOR FIRED BOILER. A fired boiler, stove, or furnace that is not located within a building intended for habitation by humans or domestic animals.

REFUSE. Any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.

(Prior Code, § 710.3)





An outdoor wood-fired boiler may be installed and used in the city only in accordance with all of the following provisions.


(A)  The outdoor fired boiler shall be installed and used only in an area zoned for R‑1 Low-Density Residential.


(B)  The outdoor fired boiler shall not be used to burn refuse.


(C)  The outdoor fired boiler shall burn clean wood and natural wood which has not been painted, varnished, or coated with similar material, has not been pressure treated with preservatives, and does not contain resins or glues as in plywood or other composite wood products.


(D)  The outdoor fired boiler shall be located at least 500 feet from the nearest building which is not on the same property as the outdoor fired boiler.


(E)  The outdoor fired boiler shall have a chimney that extends at least 15 feet above the ground surface. The chimney shall also extend at least a foot over the top of the roofs of any residences which are located on properties which abut the property where outdoor fire boiler is located.

(Prior Code, § 710.4)





The following materials may not be burned:


(A)  Rubbish or garbage including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris, or other household or business wastes;


(B)  Asphalt and products containing asphalt;


(C)  Treated or painted wood including but not limited to plywood, composite wood products, or other wood products that are painted, varnished, or treated with preservatives or any kind of pallet;


(D)  Any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films, and plastic containers;


(E)  Rubber including tires and synthetic rubber-like products; and

(F)   Any liquid.

(Prior Code, § 710.5)



§ 96.20  LIABILITY.


A person utilizing or maintaining an outdoor fire boiler shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.

(Prior Code, § 710.7)