HomeMy WebLinkAbout2010.03.01 ORD 2010-443Y
r ORDINANCE 2010-443
AN ORDINANCE AMENDING HUGO CITY CODE, CHAPTER 34,
FIRE PREVENTION AND PROTECTION
THE CITY OF HUGOrORDAINS:
Section 1. The City Council of the City of Hugo does hereby repeal Chapter 34 in its entirety and
replaced with the following:
Chapter 34 FIRE PREVENTION AND PROTECTION
Sec. 34-1. Administration
(a) Establishment of Fire Department. There is hereby established in this city a fire
department consisting of a fire chief, two assistant chiefs and a number of firefighters as determined by
the city council, including such firefighters as shall be paid on a fulltime basis at such compensation as
the city council may see fit. A fire chief and two assistant fire chiefs shall be appointed by action of the
city council, and each shall serve at the discretion of the city council until a successor is duly
appointed. All firefighters shall be hired by the city council, as part-time, on-call employees of the city,
and shall be subject to requirements established from time to time by the city council, pertaining to
physical condition, training, duties, and such other matters as may be required for the lawful and safe
operation of the fire department.
(b) Duties of fire chief. The chief shall have control at all times over all of the firefighting
apparatus, equipment, firefighters, and quarters used by the fire department. The chief shall be
responsible for the care and condition of the apparatus, equipment, and quarters, and for the proper
training and discipline of the members of the department. The chief shall make a report in January of
each year to the city council as to the condition of the equipment and needs of the fire department. The
chief may submit additional reports and recommendations at any meeting of the council.
(c) Powers of fire chief. The chief shall have the power to compel able-bodied persons to aid
in the extinguishing of fires and to raze such buildings in the vicinity of a fire as the chief of the fire
department, or in his absence his assistants, may direct for the purpose of preventing the
communication to other buildings; to issue permits concerning open burning and the use of fireworks
in the city; to authorize fire wardens at all reasonable times to enter into and examine lots, enclosures,
and buildings in order to discover whether such as may be dangerous to be put in safe condition; and,
generally, to take such measures for the prevention or extinguishment of fires as may be necessary or
proper.
(d) Records maintained by chief. The chief shall keep on convenient form a complete record
of all fires. Such record shall include the time of the alarm, location of fire, cause of fire if known; type
of building, estimated value of building and contents, amount of insurance carried and probable
damage, members of the department responding to the alarm and such other information as the chief
may deem advisable or as may be required from time to time by the city council or state insurance
department.
(e) Training sessions and drills required. It shall be the duty of the chief to hold at least one
monthly practice drill or school of at least one hour's duration for the fire department, and to give the
firefighters instruction in approved methods of firefighting and fire prevention.
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(f) Authority in absence of chief. The ranking officer shall in the absence of the chief
perform all the functions and exercise all the authority of the chief.
(g) Member requirements. Members of the department shall reside within the corporate
limits of this city, shall not be less than 18 years of age, and shall be able bodied. Firefighters shall at
all times satisfy and meet the requirements established by the city council, and as may be modified
from time to time, and shall obey the directives of the fire chief pertaining to performance of duties as
firefighters. Failure of any firefighter to meet the requirements or obey directives shall constitute a
basis for removal from the fire department by the city council.
(h) Pay scale. Volunteer members of the rescue squad and fire department shall be paid for all
calls attended on a pay scale to be established by resolution of the city council. In computing
compensation for fires, one hour shall be considered as the minimum to be paid any firefighter or
officer. Compensation for firefighters shall never be less than the minimum wage per hour to obtain
maximum payments under worker's compensation laws. Only such members as respond to an alarm
and whose names are certified to on a payroll by the chief are entitled to receive compensation.
(i) Firefighters's relief association. The members and officers of the fire department shall
organize themselves into a firefighters's relief association.
0) Police power. The members and officers of the fire department shall have police power
during a fire or emergency or when responding to or returning from an alarm of fire or emergency.
Sec. 34-2. Permit required for fireworks display.
No person, without securing a permit, shall make a public display of fireworks.
(Prior Code, § 096-010)
Sec 34-3. Open burning
(a) Adoption of state law by reference. The provisions of Minnesota Statutes, Chapter 88, as
they may be amended from time to time, with reference to the definition of terms, conditions of
operation, permits, and all other matters pertaining to open burning are hereby adopted by reference
and are made a part of this ordinance as if set out in full. It is the intention of the City Council that all
future amendments of Minnesota Statutes, Chapter 88, are hereby adopted by reference or referenced
as if they had been in existence at the time this ordinance was adopted.
(b) City may be more restrictive than state law. The Council is authorized to impose, and
has imposed in this ordinance, additional restrictions on open burning within its limits beyond those
contained in Minnesota Statutes, Chapter 88, as it may be amended from time to time.
(c) Purpose. The purpose of this ordinance is to regulate open burning within the City of
Hugo, to protect the public health, safety and welfare. Through passage of this ordinance, the
designated fire official is hereby authorized to adopt and impose burning restrictions to aid in the
prevention of wildfire and to consult with the Department of Natural Resources (DNR), Division of
Forestry to develop any restrictions or other criteria.
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(d) Definitions. For purposes of this ordinance, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
Designated Fire Official. The Fire Chief, Fire Marshal, Deputy Fire Chief, or other designee
who provides fire protection or public safety services to the city.
Open Burning. The burning of any matter if the resulting combustion products are emitted
directly into the atmosphere without passing through a stack, duct or chimney, except a recreational
fire as defined herein. Mobile cooking devices such as charcoal grills, wood smokers, manufactured
hibachis, and propane or natural gas devices are not considered open burning devices.
Recreational fire. A fire set with an approved starter fuel no more than three feet in height
contained within a recreational fire site: using dry, clean wood, producing little detectable smoke, odor
or soot beyond the property line; conducted with an adult tending the fire at all times; for recreational,
ceremonial, or social food preparation; extinguished completely before quitting the occasion; and
respecting weather conditions, neighbors, burning bans, and air quality requirements so that nuisance,
health or safety hazards will not be created. No more than one recreational fire is allowed on any
property at one time.
Recreational fire site. An area of no more than a three foot diameter circle (as measured from
the inside of the fire ring or border); completely surrounded by non-combustible and non -smoke or
odor producing material, either natural rock, cement, brick, tile, blocks or ferrous metal. Burning
barrels are not a recreational fire site as defined herein. Recreational fire sites shall not be located
closer than 25 feet to any structure or combustible materials.
Running fire. An attended fire allowed to spread through surface vegetative matter under
controlled conditions for the purpose of vegetative management, forest management, game habitat
management, or agricultural improvement.
Snow covered. Ground that 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.
Starter fuels. Dry, untreated, unpainted, kindling, branches or charcoal fire starter. Paraffin
candles and alcohols are permitted as starter fuels and as aids to ignition only. Propane gas torches or
other clean gas burning devices causing minimal pollution may be used to start an open burn.
Vegetative materials. Dry leaves, dry grass clippings, twigs, branches, tree limbs, untreated or
unpainted wood that contains no glues or resins, and other similar materials. Paper and cardboard are
not considered vegetative materials.
Wood. Dry, clean fuels, such twigs, branches, limbs, manufactured fireplace logs, charcoal,
cord wood, or untreated dimensional lumber. "Wood" does not include wood that is green with leaves
or needles, rotten, wet, oil soaked, or treated with paint, glue or preservatives. Clean pallets may be
used for recreational fires when cut into less than three foot lengths.
(e) Prohibited burning. No person shall conduct, cause or permit the open burning of:
♦ 1
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(1) Oils, petroleum fuels, rubber, plastic, chemically treated materials, or other materials
that produce excessive or noxious smoke such as, but not limited to, tire, railroad ties,
treated, painted or glued wood composite shingles, tar paper, insulation, composition
board, sheet rock, wiring, paint or paint fillers.
(2) Hazardous waste or salvage operations; solid waste generated from an industrial or
manufactured process; materials from a service or commercial establishment; or
building materials generated from demolition of commercial or institutional structures.
(3) Discarded materials resulting from the handling, processing, storage, preparation,
serving or consumption of food.
(4) Leaves or grass clippings.
(5) The use of burners (i.e. burning barrels), as described in Minnesota Statute §88.16,
subd. 2(d) are prohibited within the city's jurisdiction.
(6) The burning of structures, not conducted as part of a fire training exercise.
(7) Recreational fires conducted between the hours of 2 a.m. and 6 a.m.
(f) Open burning prohibited except by permit. No person shall start or allow any open
burning on any property in the city without first having obtained an open burning permit. A permit is
not required for:
(1) A recreational fire conducted only between the hours of 6 a.m. and 2 a.m.
(2) A fire started when the ground is snow covered.
(3) The proper use of mobile cooking devices. While the use of mobile cooking devices on
wooden decks is not prohibited, the use of turkey fryers and charcoal grills on any deck
that is constructed with wood is strongly discouraged.
(g) Permitted open burning. Under special or extraordinary circumstances, open burning
permits may be issued by the city or by a DNR forestry official for:
(1) Elimination of health hazard that cannot be abated by other practical means, as
determined by the commissioner of health or the local health authority.
(2) Ground thawing for utility repair and construction.
(3) Running fires.
(4) Disposal of vegetative matter for managing forest, prairie or wildlife habitat,
and in the development and maintenance of land and rights-of-way where
chipping, composting, land -spreading or other alternative methods are not
practical.
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(5) Disposal of diseased trees generated on-site, diseased or infected nursery
stock, or diseased bee hives.
(6) Disposal of unpainted, untreated, non -glued lumber and wood shakes
generated from construction, where recycling, reuse, removal or other alternative
disposal methods are not practical.
(7) Fire training permits issued only by the DNR.
(8) Permits for the operation of permanent tree and brush burning sites issued only by the
DNR.
(h) Permit process, application, and fees.
(1) Open burning permits shall be obtained by making application on a form prescribed by
the DNR and adopted by the Fire Department. The permit application shall be presented
to the designated fire official for review. An open burning permit shall require the
payment of a fee. Permit fees shall be in an amount established by the Council.
(2) The applicant shall demonstrate to the designated fire official the ability to comply with
the applicable state statutes, this ordinance, or any additional guidelines as may be
adopted.
(3) Upon receipt of the completed open burning permit application and fee, the designated
fire official may, if he or she believes necessary, require a preliminary site inspection to
locate the proposed burn site, note special conditions, and set dates and times of
permitted burn and review fire safety considerations, including the preparation of a
detailed burn event safety plan with the designated fire official when conditions require.
(4) If the established criteria for the issuance of an open burning permit are not met, the
application will be denied.
(5) Even if the established criteria for the issuance of an open burning permit are met, if it
is determined that a practical alternative method for disposal exists, a pollution or
nuisance condition would result, or if a burn event safety plan cannot be drafted to the
satisfaction of the designated fire official, the application may be denied.
(i) Permit holder responsibility
(1) Prior to starting an open burn, the permit holder shall be responsible for confirming that
no burning ban or air quality alert is in effect.
(2) The open burning site shall have appropriate communication and fire suppression
equipment available.
(3) The open burn shall be attended to at all times. No fire may ever be allowed to smolder.
The fire shall be completely extinguished before the permit holder or his or her
• Ordinance 2010-443
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representative leaves the site. It is the responsibility of the permit holder to have a valid
permit, as required by this ordinance, available for inspection on site by law
enforcement, the Fire Department, a Minnesota Pollution Control Agency (MPCA)
representative or DNR officer.
(4) The permit holder is responsible for compliance and implementation of all general
conditions, special conditions, and guidelines as established in the permit issued. The
permit holder shall be responsible for all costs incurred as a result of the burn, including
but not limited to costs related to Fire Department response, fire suppression, and
administrative fees.
0) Revocation of permit. An open burning permit is subject to revocation at the discretion of
a DNR officer or the designated fire official. Reasons for revocation include but are not limited to: a
fire hazard existing or developing during the course of the burn; any permit conditions being violated
during the course of the burn; pollution or nuisance conditions developing during the course of the
burn; or a fire smoldering with no flame, or attendant, present.
(k) Burning ban or air quality alert.
(1) The designated fire official is authorized to determine when conditions make open
burning potentially hazardous and declare a burning ban within the city.
(2) No recreational fire or open burn will be permitted when the city or the DNR has
officially declared a burning ban due to potential hazardous fire conditions or when the
MPCA has declared an air quality alert.
Sec 34-4. Penalties.
(a) Violation of any provision of this ordinance, including maintaining a nuisance after being
notified in writing, shall be a guilty of a misdemeanor.
(b) Any person violating the terms of this ordinance shall pay all costs incurred as a result of
the violation, including but not limited to costs related to Fire Department response, fire suppression,
and administrative fees. Any costs incurred by the City in responding to a violation of this ordinance,
if not paid within six months of the violation, shall constitute a lien on the property.
(c) Any person aggrieved by the imposition of a fine, fee or citation issued under this
ordinance shall have the right to appeal that imposition once to the City Council, provided they submit
a written request for appeal stating the reasons therefore to the City Clerk within thirty (30) days of the
date of the issuance of the fine, fee or citation. Appeals will be heard by the City Council within (60)
days of the City Clerk's receipt of the written request.
Sec 34-5. Severability. If any provision of this ordinance is found to be invalid for any reason by a
court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
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Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this
Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not
specifically included with that judgment.
Section 3. Effective Date. This amendment shall take effect upon its passage and publication.
ADOPTED BY THE HUGO CITY COUNCIL ON MARCH 1, 2010
L -
ATTEST:
Michele Lindau, City Clerk
SUMMARY ORDINANCE 2010-443
NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE
OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE
ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL
DURING REGULAR BUSINESS HOURS.
TITLE:
An ordinance amending Hugo City Code, CHAPTER 34, FIRE PREVENTION AND
PROTECTION, to add the following:
SUMMARY OF ORDINANCE:
Chapter 34 FIRE PREVENTION AND PROTECTION
Sec. 34-1. Administration
(a) Establishment of Fire Department. Provides an outline of what the fire
department employees consist of and the hiring process of the City Council.
(b) Duties of fire chief. Provides an outline of the general duties and responsibilities of
the fire chief.
(c) Powers of fire chief. Provides information on the powers of the fire chief in
reference to measures taken to prevent and extinguish fires.
(d) Records maintained by chief. States that the fire chief shall complete records of all
fires in a specific way.
(e) Training sessions and drills required. States that the chief to hold at least one
monthly practice drill or school of at least one hour's duration for the fire department, and to give
the firefighters instruction in approved methods of firefighting and fire prevention.
(f) Authority in absence of chief. States that the ranking officer shall in the absence of
the chief perform all the functions and exercise all the authority of the chief.
(g) Member requirements. Provides information on the requirements to be a member
of the fire department.
(h) Pay scale. Provides information on how volunteer members of the lire department
are compensated for work.
(i) Firefighters's relief association. States that the members and officers of the fire
department shall organize themselves into a firefighters's relief association.
0) Police power. States that the members and officers of the fire department shall have
police power during a fire or emergency or when responding to or returning from an alarm of fire
or emergency.
Sec. 34-2. Permit required for fireworks display.
States that no person, without securing a permit, shall make a public display of fireworks.
Sec 34-3. Open burning
(a) Adoption of state law by reference. States that Minnesota State Law, Chapter 88, is
hereby adopted by reference.
(b) City may be more restrictive than state law. States that the City Council can
impose additional restrictions on open burning as it refers to state laws.
(c) Purpose. States the purpose of this ordinance is to regulate open burning within the
City of Hugo, to protect the public health, safety and welfare.
(d) Definitions. Provides definitions that relate to the Fire Protection and Prevention
Ordinance.
(e) Prohibited burning. States that no person shall conduct, cause or permit the open
burning of prohibited items as outlined in the ordinance, such as, but not limited to, oils,
petroleum fuels, rubber, plastic, hazardous waste, leaves or grass clippings, and recreational fires
conducted between the hours of 2 a.m. and 6 a.m.
(f) Open burning prohibited except by permit. States that no person shall start or
allow any open burning on any property in the city without first having obtained an open burning
permit, unless they meet certain conditions.
(g) Permitted open burning. States that under special or extraordinary circumstances,
open burning permits may be issued by the city or by a DNR forestry official, such as, but not
limited to ground thawing for utility repair and construction, running fires, disposal of diseased
trees generated on-site, and fire training permits.
(h) Permit process, application, and fees. Outlines the application process for an open
burning permit.
(i) Permit holder responsibility. Outlines the responsibilities for the open burning
permit holder that they will be held liable for.
0) Revocation of permit. States that an open burning permit is subject to revocation at
the discretion of a DNR officer or the designated fire official. Reasons for revocation include but
are not limited to: a fire hazard existing or developing during the course of the burn; any permit
conditions being violated during the course of the burn; pollution or nuisance conditions
developing during the course of the burn, or a fire smoldering with no flame, or attendant,
present.
(k) Burning ban or air quality alert. States that the designated fire official is
authorized to determine when conditions make open burning potentially hazardous and declare a
burning ban within the city.
Sec 34-4. Penalties. Provides an outline of the penalties for any violation of the ordinance.
Provides the process for appealing the imposition of a penalty issued pursuant to the ordinance.
Sec 34-5. Severability. States that if any provision of this ordinance is found to be invalid for
any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not
be affected.
Please note this title and summary of this Ordinance clearly informs the public of the intent and
affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective
the date that it is published.
Passed and adopted by the City Council of the City of Hugo this 15th day of March, 2010.
C
F n, l4 ayor
Attest:
Michele Lindau, City Clerk
AFFIDAVIT OF PUBLICATION
The Citizen
PO Box 393 • 14491 Forest Blvd. N. • Hugo, MN 55038
651-426-6399
STATE OF MINNESOTA
COUNTY OF WASHINGTON
I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I
state that the following is true and correct.
The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in
compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended.
The printed CITY OF HUGO: SUMMARY ORDINANCE NO. 2010-443 which is attached was
cut from the columns of said newspaper; it was printed and published once each week for one
successive week; it was published on Wednesday, the 31" day of March 2010; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledgedas being
the size and kind of type used in the composition and publication of the notice:
abcdefghij klmnopgrstuvwxyz
AUTH SIGNATU .
Title Publisher
jKATIE L NEUMAN-LINDSTROM
Notary Public -Minnesota
js My Comm. Expires Jan. 31.2013
SUBSCRIBED AND SWORN TO BEFORE ME ON THE
20 DAY OF _April , 2010_.
NOTARY SIGNATURE:
RATE INFORMATION: $9.30/INCH
CITY OF HUGO
SUMMARY ORDINANCE 2010-443
NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN
ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF
HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR
PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR
BUSINESS HOURS.
TITLE:
An ordinance amending Hugo City Code, CHAPTER 34, FIRE PREVEN-
TION AND PROTECTION, to add the following:
SUMMARY OF ORDINANCE:
Chapter 34 FIRE PREVENTION AND PROTECTION
Sec. 34-1. Administration
(a) Establishment of Fire Department. Provides an outline of what
the fire department employees consist of and the hiring process of the
City Council.
(kp) Duties of fire chief. Provides an outline of the general duties
and responsibilities of the fire chief.
(c) Powers of fire chief. Provides information on the powers of
the fire chief in reference to measures taken to prevent and extinguish
fires.
(d) Records maintained by chief. States that the fire chief
shall complete records of all fires in a specific way.
(e) Training sessions and drills required. States that the chief
to hold at least one monthly practice drill or school of at least one hour's
duration for the fire department, and to give the firefighters instruction in
approved methods of firefighting and fire prevention.
(f) Authority in absence of chief. States that the ranking of-
ficer shall in the absence of the chief perform all the functions and exer-
cise all the authority of the chief.
(g) Member requirements. Provides information on the re-
quirements to be a member of the fire department.
(h) Pay scale. Provides information on how volunteer members
of the fire department are compensated for work.
(i) Firefighters' relief association. States that the members
and officers of the fire department shall organize themselves into a fire-
fighters' relief association.
(j) Police power. States that the members and officers of the fire
department shall have police power during a fire or emergency or when
responding to or returning from an alarm of fire or emergency.
Sec. 34-2. Permit required for fireworks display.
States that no person, without securing a permit, shall make a public
display of fireworks.
Sec 34-3. Open burning
(a) Adoption of state law by reference. States that Minnesota
State Law, Chapter 88, is hereby adopted by reference.
(b) City may be more restrictive than state law. States that
the City Council can impose additional restrictions on open burning as it
refers to state laws.
(c) Purpose. States the purpose of this ordinance is to regulate open
burning within the City of Hugo, to protect the public health, safety and
welfare.
(d) Definitions. Provides definitions that relate to the Fire Protection
and Prevention Ordinance.
(e) Prohibited burning. States that no person shall conduct, cause or
permit the open burning of prohibited items as outlined in the ordinance,
such as, but not limited to, oils, petroleum fuels, rubber, plastic, hazard-
ous waste, leaves or grass clippings, and recreational fires conducted
between the hours of 2 a.m. and 6 a.m.
(f) Open burning prohibited except by permit. States that no person
shall start or allow any open burning on any property in the city without
first having obtained an open burning permit, unless they meet certain
conditions.
(g) Permitted open burning. States that under special or ex-
traordinary circumstances, open burning permits may be issued by the
city or by a DNR forestry official, such as, but not limited to ground thaw-
ing for utility repair and construction, running fires, disposal of diseased
trees generated on-site, and fire training permits.
(h) Permit process, application, and fees. Outlines the application
process for an open burning permit.
(i) Permit holder responsibility. Outlines the responsibilities for the
open burning permit holder that they will be held liable for.
(j) Revocation of permit. States that an open burning permit is sub-
ject to revocation at the discretion of a DNR officer or the designated
fire official. Reasons for revocation include but are not limited to: a fire
hazard existing or developing during the course of the burn; any per-
mit conditions being violated during the course of the burn; pollution or
nuisance conditions developing during the course of the burn; or a fire
smoldering with no flame, or attendant, present.
(k) Burning ban or air quality alert. States that the designated fire
official is authorized to determine when conditions make open burning
potentially hazardous and declare a burning ban within the city.
Sec 34-4. Penalties. Provides an outline of the penalties for any viola-
tion of the ordinance. Provides the process for appealing the imposition
of a penalty issued pursuant to the ordinance.
Sec 34-5. Severability. States that if any provision of this ordinance is
found to be invalid for any reason by a court of competent jurisdiction,
the validity of the remaining provisions shall not be affected.
Please note this title and summary of this Ordinance clearly informs the
public of the intent and affect of the Ordinance and conforms to Minn.
Stat. § 412.191. This Ordinance shall be effective the date that it is
published.
Passed and adopted by the City Council of the City of Hugo this 15th
day of March, 2010.
APPROVED: Fran Miron, Mayor
ATTEST: Michele Lindau, City Clerk
Published one time in The Citizen on March 31, 2010