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02-22-2022 Bill No. 2022-1Bill No. 2022-1 1 BILL NO. 2022-1 AN ORDINANCE AMENDING SECTIONS 921 AND 925 OF THE RICHFIELD CODE OF ORDINANCES PERTAINING TO OPEN BURNING, FIRES, AND INCINERATION RESTRICTIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The title of Section 921 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language below: SECTION 921. - OPEN BURNING, FIRES, AND INCINERATION RESTRICTIONS Section 2. Sub-section 921.03 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language and deleting the following struck-through language below: 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. “Incinerator” shall have the meaning as prescribed by Minnesota Administrative Rules, section 7011.1201. Subd. 23. "Fire Marshal" means the City of Richfield employee appointed by the City Manager as Fire Marshal. Subd. 34. "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. 45. "Recreational fire" means a fire set for cooking, warming or ceremonial purposes. Section 3. Sub-section 921.07 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language below: Subd. 2. Recreational fires. Recreational fires are allowed in accordance with all of the following conditions: . . . Bill No. 2022-1 2 (k) Fires shall not involve willfully burning or setting fire to natural ground cover, such as trees, brush, grass, or other vegetation, or any building, fixture, or appurtenance of real property. Section 4. Section 921 of the Richfield Code of Ordinances is hereby amended to add the following new sub-section 921.11: 921.11. - Incineration. Burning by the use of an incinerator shall only be allowed if such burning and incinerator complies with the following: (a) pursuant to an incinerator license as prescribed in sub-section 601.15 of the Richfield Code of Ordinances. (b) pursuant to Minnesota Administrative Rules, section 7011.1220. (c) pursuant to all other applicable provisions of the Richfield Code of Ordinances and county, state, and federal law. Section 5. Sub-section 925.01 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language below: Subd. 4. Public nuisances affecting peace and safety. The following are declared to be nuisances affecting peace and safety: . . . (s) Open burning or any fires that do not comply with Section 921 of the Richfield Code of Ordinances. Section 6. Sub-section 925.13 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language below: Subd. 3. Definition of nuisance conduct. (a) For purposes of this Section, the term "nuisance conduct" means any activity, conduct, or condition occurring upon private property within the City that unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any member of the public; or will, or tend to, alarm, anger or disturb others or provoke breach of the peace, to which the City is required to respond, including, but not limited to the following: (1) Any activity, conduct, or condition deemed as a public nuisance under any provision of the City Code; Bill No. 2022-1 3 (2) Any activity, conduct, or condition in violation of any provision of Section 925 of the City Code; (3) Any activity, conduct, or condition in violation of Sections 511.21, 601, 905, 921, 930, 1320, or 1325 of the City Code; (4) Any conduct, activity or condition constituting a violation of Minnesota state laws prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; and (5) Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota Statutes. Section 7. This ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted by the City of Richfield this 22 nd day of February, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) COUNTYOF HENNEPIN CITY OF RICHFIELD BILL NO.2022-1 AN ORDINANCEAMENDING sEcTtoNs 921 AND 92s OF THE RICHFIELD CODE OF ORDINANCES PERTAINING TO OPEN BURNING, FIRES, AND INCINERATION RESTRICTIONS THE CITY OF DOES ORDAIN: Section 1. The title of Section 921 of the Richfield Code of Or- dinances is hereby amended by adding the following underlined language below: SECTION 921. - OPEN BURN. ING, FIRES. AND INCINERATION RESTRICTIONS Section 2. Sub-section 921.03 of the Richfield Code of Ordinanc- es is hereby amended by adding the following underlined language and deleting the following struelF. though language below: 92't.03. - Definitions. Subdivision 1. The following words and terms, when used in this section, shall have the following meanings unless the context clear- ly indicates otheMise: Subd.2. "lncinerator" shall have the meaning as orescribed by Min- nesota Administrative Rules. sec- tion 7011.1201. Subd.29. "Fir€ Marshal" means the City of Richfield employee ap- pointed by the City Manager as Fire Marshal. Subd. 54. "Open buming" means a fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed firebox, structure or ve- hicle and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct or chimney. Subd. 45. "Recreational ,ire" means a fire set for cooking, warm- ing or ceremonial purposes. S€ction 3. Sub-section 921.07 of the Richfield Code of Ordinanc- es is hereby amended by adding the following underlined language below: Subd. 2. Recreational fires. Recreational fires are allowed in accordance with all of the following conditions: (k) Fires shall not involve willfuF ly buming or setting tire to natural ground cover. such as trees. brush. orass. or other veoetation. or anv building. fixture. or appurtenance of r€al propertv. Section 4. Section 921 of the Richfield Code of Ordinances is hereby amended to add the follow- ing new sub-section 921.,l 1: 921.1 1. - lncineration. erator shall only be allowed if such burning and incinerator complies with the following: (a) pursuant to an incinerator li- cense as pr€scrib€d in sub-section 601.15 ol the Richfield Code of Or- dinances. (b) pursuant to Minneso- RICHFIELD ta Administrative Rules, section 7011.1220. (c) pursuant to all other applica- ble provisions of the Richfield Code of Odinances ard county, state, and federal law. SS Karen Nelson being duly sworn on an oath, states or aflirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SC Bloomington Richfield with the known ollice of issue being located in the county of: HENNEPIN with additional circulation in the counties ot HENNEPTN 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 provided by Minn. Stat. $331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 0310312022 and the last insertion being on 0310312022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. $580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in $580.033, subd. l, clause (l) or (2). If the newspaper's known oflice of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By:/a.r."^nJe'"^ Desipated Agent Subscribed and sworn to or aflirmed before me on 03/03/2022 by Karen Nelson. Notary Public Rate Infomration: (l) Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Section 5. Sub-section 925.01 of the Richfield Code of Ordinanc- es is hercby arnended by adding the following underlined language below: Subd. 4. Public nuisances af- fecting oeace and safety. The fol- lowing are declar€d to be nuisanc- es affecting peace and safety: (s) Open burning or any fires that do not comply with Section 921 of the Richfield Code of Ordinances. Section 6. Sub-section 925.13 of the Richfield Code of Ordinanc- es is her€by arn€nded by adding the following underlined language below: Subd.3. Definition of nuisance conduct. (a) For purposes of this Section, the term "nuisanc€ conduct" means any activity, conduct, or condition occurring upon private property within the City that unreasonably annoys, injures or endangers the safety, heahh, morals, comfort or rcpose of any member of the pub- lic; or will, or tend to, alarm, anger or disturb others or provoke breach of the peac€, to which the City is required to respond, including, but not limited to the following: (1) Any activity, conduct, or con- dition deemed as a public nuisance under any provision of the City Code; (2) Any activity, conduct, or con- dition in violation of any provision of Section 925 of the City Code; (3) Any activity, conduct, or condition in violation of Sections 51 1 .21 , 601 , 905, 921 , 930, 1 320, or 1325 of the City Code; (4) Any conduct, activity or con- dition constituting a violation of Minnesota state laws prohibiting or rcgulating prostitution, gambling, controlled substances, use of fire- arms; and (5) Any conduct, activity, or con- dition constituting disorderly con- duct under Chapter 609 of Minne- sota statutes. Section 7. This ordinance will be effective in accordance with Sec- tion 3.09 of the City Charter. Adopt€d by the City of Richfield Ad ID 1208840 Buming by the use of an incin- this 22nd day ol February,2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk Published in the Sun Cunent March3,2022 1 208840 h oanmxr MARIE MAc?HEHsor{ S$ ruoranv euBuc - MrNlrESoTA pf i,ty Commi"{on E)args Jan 31, 2024