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2007-16 BILL NO. 2007-16 AN ORDINANCE REGULATING OPEN BURNING; REQUIRING BURNING PERMITS; ADDING SECTION 921 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter 9 of the Richfield City Code is amended by adding a new section to read as follows: Section 921 - Open Burninq Restrictions 921.01. Purpose. The purpose of this section is to promote the general health, welfare and safety by regulating open burning within the City of Richfield. 921.03. Definitions. Subdivision 1. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise: Subd. 2. "Fire Marshal" means the City of Richfield employee appointed by the city manager as fire marshal. Subd. 3. "Open burning" means a fire burning in matter, whether concentrated or dispersed, 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. Subd. 4. "Recreational fire" means a fire set for cooking, warming or ceremonial purposes. 921.05. Open Burning Prohibited Except by Permit. No person may cause, allow, or permit open burning within the City except as provided in this section. 921.07. Exceptions to Open Burning Prohibition. Subdivision 1. Open burning of the types, and subject to the conditions as stated in the following subdivisions, is exempt from the prohibition in subsection 921.05 of this code. Subd. 2. Recreational fires. Recreational fires are allowed in accordance with all of the following conditions: a. Fires must comply with the Minnesota Fire Code requirements; b. Fires must be conducted only between the hours of 3:00 p.m. and 11 :00 p.m.; c. At least one person 18 years of age or older must be in attendance at all times until the fire is extinguished; d. At least one portable fire extinguisher with a minimum 4-A rating, a charged garden hose, or a five-gallon pail of dirt or sand must be available at all times until the fire is extinguished; e. Fires must be extinguished to the point of cold before being left unattended. f. Fires must not be more than three feet in diameter or two feet in height; g. Fires must be contained in a fire pit or enclosure that is constructed from brick, masonry, metal or other noncombustible material; h. Fires must be located at least 25 feet away from any combustible structure, except that fires in a manufactured container may be located no less than 15 feet away from a combustible structure that is located on the same property; Only dried wood from trees or small branches or charcoal may be burned; no trash, yard debris, construction debris, plastic, or treated, pained, varnished or otherwise coated materials may be burned; and Fires must be immediately extinguished when ordered by a firefighter or police officer. A firefighter or police officer may order any recreational fire to be extinguished if the fire poses a nuisance to surrounding residences. A nuisance is deemed to exist if the fire generates flying embers that pose a hazard to property or generates smoke or odors that unreasonably interfere with the use or enjoyment of neighboring properties. Subd. 3. Cooking Fires. Burning of dried wood or charcoal is allowed within an outdoor fireplace, barbecue grill or smoker for cooking purposes. I. j. ATTEST: CIIIU =...=~..=w~~:t.--. . newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper known as Richfield Sun-Current and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. ~331A.02, ~331A.07, and other applicable laws as amended. (8) The printed public notice that is attached was published in the newspaper once each week, for _-9ne__ successive week(s); it was first published on Thurs- day, the ~ day of October, 2007, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the _____ day of ,2007; and printed below is a copy of the lower case alpha- bet 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: abcdefg hi j kl mnopq rstuvwxyz ~ CFO Subscribed and sworn to or affirmed before me on this ~ day of October ,2007. ~~~ Notary Public e MARY ANN CARLSON NOTARY PUBUC - MINNESOTA . MY COMMISSION EXPIRES 1-31-()9 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line City of Richfield (Official Publication) SUMMARY PUBLICATION BILL NO. 2007-16 AN ORDINANCE REGULATING OPEN BURNING; REQUIRING PERMITS; ADDING SECTION 921 OF THE RICHFIELD CITY CODE On September 25, 2007 the Richfield City Council adopted an ordinance designated as Bill No. 2007-16, the title of which is stated above. This summary of the ordi- nance is published pursuant to Section 3.12 of the Rich- field City Charter. The ordinance adopts restrictions and regulations of open burning including recreational fires. Copies of the ordinance are available for public inspection in the office of the city clerk during normal business hours or upon request by calling 612-243-4503 of the Richfield Fire Department. /s/ Nancy Gibbs, City Clerk (Oct. 4,2007) d2-biIl2007-16