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CITY OF HUGO <br />SUMMARY ORDINANCE 2010-443 <br />NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN <br />ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF <br />HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR <br />PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR <br />BUSINESS HOURS. <br />TITLE: <br />An ordinance amending Hugo City Code, CHAPTER 34, FIRE PREVEN- <br />TION AND PROTECTION, to add the following: <br />SUMMARY OF ORDINANCE: <br />Chapter 34 FIRE PREVENTION AND PROTECTION <br />Sec. 34-1. Administration <br />(a) Establishment of Fire Department. Provides an outline of what <br />the fire department employees consist of and the hiring process of the <br />City Council. <br />(kp) Duties of fire chief. Provides an outline of the general duties <br />and responsibilities of the fire chief. <br />(c) Powers of fire chief. Provides information on the powers of <br />the fire chief in reference to measures taken to prevent and extinguish <br />fires. <br />(d) Records maintained by chief. States that the fire chief <br />shall complete records of all fires in a specific way. <br />(e) Training sessions and drills required. States that the chief <br />to hold at least one monthly practice drill or school of at least one hour's <br />duration for the fire department, and to give the firefighters instruction in <br />approved methods of firefighting and fire prevention. <br />(f) Authority in absence of chief. States that the ranking of- <br />ficer shall in the absence of the chief perform all the functions and exer- <br />cise all the authority of the chief. <br />(g) Member requirements. Provides information on the re- <br />quirements to be a member of the fire department. <br />(h) Pay scale. Provides information on how volunteer members <br />of the fire department are compensated for work. <br />(i) Firefighters' relief association. States that the members <br />and officers of the fire department shall organize themselves into a fire- <br />fighters' relief association. <br />(j) Police power. States that the members and officers of the fire <br />department shall have police power during a fire or emergency or when <br />responding to or returning from an alarm of fire or emergency. <br />Sec. 34-2. Permit required for fireworks display. <br />States that no person, without securing a permit, shall make a public <br />display of fireworks. <br />Sec 34-3. Open burning <br />(a) Adoption of state law by reference. States that Minnesota <br />State Law, Chapter 88, is hereby adopted by reference. <br />(b) City may be more restrictive than state law. States that <br />the City Council can impose additional restrictions on open burning as it <br />refers to state laws. <br />(c) Purpose. States the purpose of this ordinance is to regulate open <br />burning within the City of Hugo, to protect the public health, safety and <br />welfare. <br />(d) Definitions. Provides definitions that relate to the Fire Protection <br />and Prevention Ordinance. <br />(e) Prohibited burning. States that no person shall conduct, cause or <br />permit the open burning of prohibited items as outlined in the ordinance, <br />such as, but not limited to, oils, petroleum fuels, rubber, plastic, hazard- <br />ous waste, leaves or grass clippings, and recreational fires conducted <br />between the hours of 2 a.m. and 6 a.m. <br />(f) Open burning prohibited except by permit. States that no person <br />shall start or allow any open burning on any property in the city without <br />first having obtained an open burning permit, unless they meet certain <br />conditions. <br />(g) Permitted open burning. States that under special or ex- <br />traordinary circumstances, open burning permits may be issued by the <br />city or by a DNR forestry official, such as, but not limited to ground thaw- <br />ing for utility repair and construction, running fires, disposal of diseased <br />trees generated on-site, and fire training permits. <br />(h) Permit process, application, and fees. Outlines the application <br />process for an open burning permit. <br />(i) Permit holder responsibility. Outlines the responsibilities for the <br />open burning permit holder that they will be held liable for. <br />(j) Revocation of permit. States that an open burning permit is sub- <br />ject to revocation at the discretion of a DNR officer or the designated <br />fire official. Reasons for revocation include but are not limited to: a fire <br />hazard existing or developing during the course of the burn; any per- <br />mit conditions being violated during the course of the burn; pollution or <br />nuisance conditions developing during the course of the burn; or a fire <br />smoldering with no flame, or attendant, present. <br />(k) Burning ban or air quality alert. States that the designated fire <br />official is authorized to determine when conditions make open burning <br />potentially hazardous and declare a burning ban within the city. <br />Sec 34-4. Penalties. Provides an outline of the penalties for any viola- <br />tion of the ordinance. Provides the process for appealing the imposition <br />of a penalty issued pursuant to the ordinance. <br />Sec 34-5. Severability. States that if any provision of this ordinance is <br />found to be invalid for any reason by a court of competent jurisdiction, <br />the validity of the remaining provisions shall not be affected. <br />Please note this title and summary of this Ordinance clearly informs the <br />public of the intent and affect of the Ordinance and conforms to Minn. <br />Stat. § 412.191. This Ordinance shall be effective the date that it is <br />published. <br />Passed and adopted by the City Council of the City of Hugo this 15th <br />day of March, 2010. <br />APPROVED: Fran Miron, Mayor <br />ATTEST: Michele Lindau, City Clerk <br />Published one time in The Citizen on March 31, 2010 <br />