Agenda Packets - 2010/09/27 - Laserfiche WebLink

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Item No: 07E Meeting Date: Sept 27, 2010 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: First Reading and Introduction of Ordinance 852, an Ordinance Revising Section 1002.02 of the City Code, Local Fire Regulations, to Include Regulations for Recreational Fires Introduction: At the August 2, 2010 and September 7, 2010 work sessions, the City Council discussed issues regarding recreational fires and the impacts of such fires on neighboring property owners. The Spring Lake Park – Blaine – Mounds View Fire Department regulations were reviewed as were policies and regulations from many other cities. The primary concern with the present recreational fire regulations, it seems, relates to enforcement. The secondary issue is the impact of one neighbor’s recreational fire upon another neighbor. The attached ordinance, Ordinance 852, attempts to address both issues. Discussion: The City Council and residents who attended the work sessions expressed concern about recreational fires and agreed that greater enforcement is needed to dissuade residents from violating the regulations. Staff spoke with prosecuting attorney Tom Hughes, who recommended that the recreational fire regulations be incorporated into City Code so that the police department and/or the Code Enforcement inspector could issue misdemeanor citations for violations. A municipal administrative offense citation could also be issued citing references to the Nuisance Code, which includes escalating fines for repeat offenses The Council indicated that for the most part the fire regulations as approved by the fire chief are adequate regarding recreational fires, although a few revisions were suggested. The Council had discussed limiting the frequency or duration of a recreational fire, however such restrictions would be very difficult to document and impractical to enforce. It would be far less difficult enforcing a time limit, such as “no recreational fires after 10 pm,” however a majority of the City Council did not favor time restrictions. The changes from the present Fire Department regulations contemplated by the attached Ordinance 852 include the following: • Wind speed restrictions (no rec fires when winds exceed 10 mph) • No rec fire within 15 feet of a property line • Manufactured fire pits shall be set back a minimum 15 feet from combustible materials or structures • Rec fires prohibited when burning ban or air advisory in effect