ORDINANCE NO.  21

            AN ORDINANCE AUTHORIZING THE OPEN BURNING OF LEAVES

                                   THE CITY OF ROYALTON HEREBY ORDAINS:

SECTION  1.         BURNING OF LEAVES PERMITTED.

(a)         THE BURNING OF DRIED LEAVES IS PERMITTED WITHIN THE CITY LIMITS OF ROYALTON ONLY AFTER A MINNESOTA DEPARTMENT OF NATURAL RESOURCES OPEN BURNING PERMIT IS ACQUIRED.

(b)         THE PERMIT IS SUBJECT TO REV0CATION AT THE DISCRETION OF THE ROYALTON FIRE CHIEF. REASONS FOR REVOCATION INCLUDE, BUT ARE NOT LIMITED TO: A FIRE HAZARD EXISTING OR DEVELOPING DURING THE COURSE OF THE BURN, ANY OF THE 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 PRESENT.

SECTION  2.         TIME.

(a)         THE BURNING OF DRIED LEAVES SHALL BE PERMITTED TO OCCUR ON MONDAY, TUESDAY, WEDNESDAY, THURSDAY, FRIDAY AND SATURDAY BEGINNING WITH THE FIRST DAY OF APRIL AND ENDING WITH THE LAST DAY OF MAY EACH SPRING AND BEGINNING WITH THE FIRST DAY OF OCTOBER AND ENDING WITH THE LAST DAY OF NOVEMBER EACH FALL. THE TIME OF  DAY TO BURN TO BE SPECIFIED BY THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES. 

(b)         EACH YEAR ALL TIMES ARE SUBJECT TO CANCELLATION AS PROVIDED IN SECTION 3.

SECTION 3.        DECLARATION OF AIR POLLUTION OR FIRE DANGER ALERT.

(a)         AIR POLLUTION ALERT.
             NO BURNING OF LEAVES SHALL TAKE PLACE DURING AN AIR POLLUTION ALERT, WARNING OR EMERGENCY DECLARED BY THE MINNESOTA POLLUTION CONTROL AGENCY.

(b)         FIRE DANGER ALERT.
              NO BURNING OF LEAVES SHALL TAKE PLACE DURING A FIRE DANGER ALERT DECLARED BY THE ROYALTON FIRE CHIEF OR BY THE COMMISSIONER OF THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES.

(c)         PUBLIC NOTICE.
              NOTICE OF ANY FIRE DANGER ALERT OR ANY AIR POLLUTION ALERT, WARNING OR EMERGENCY SHALL BE BROADCAST PERIODICALLY ON ANY DAY DURING WHICH OPEN BURNING OF LEAVES WOULD OTHERWISE BE PERMITTED.

SECTION   4.       GENERAL PRECAUTIONS AGAINST FIRE.

(a)         KINDLING OF FIRE ON LAND OF OTHERS RESTRICTED.
              NO PERSON SHALL IGNITE OR BURN ANY DRIED LEAVES UPON THE LAND OF ANOTHER WITHOUT THE PERMISSION OF THE OWNER THEREOF OR HIS AGENT.

(b)         BURNING ON PUBLIC PROPERTY.       
              NO PERSON SHALL IGNITE OR BURN ANY DRIED LEAVES ON ANY PUBLICLY OWNED OR CONTROLLED LOT OR PARCEL OF LAND, PUBLIC BRIDGE, STREET, SIDEWALK OR OTHER PUBLIC PLACE WHICH HAS NOT BEEN SET ASIDE BY PUBLIC AUTHORITIES FOR SUCH PURPOSE.

(c)         LOCATION RESTRICTIONS.
              NO PERSON SHALL IGNITE OR MAINTAIN ANY FIRE PERMITTED BY THIS ORDINANCE OR AUTHORIZE ANY SUCH FIRE TO BE IGNITED OR MAINTAINED ON ANY PRIVATE LAND UNLESS THE LOCATION IS NOT LESS THAN 30 FEET FROM ANY STRUCTURE AND ADEQUATE PROVISION IS MADE TO PREVENT THE FIRE FROM SPREADING TO WITHIN 30 FEET OF ANY STRUCTURE.

(d)         ATTENDANCE OF FIRES.
              ANY FIRE AUTHORIZED BY THIS ORDINANCE SHALL BE CONSTANTLY ATTENDED BY A COMPETENT PERSON UNTIL SUCH FIRE IS EXTINGUISHED. THIS PERSON SHALL HAVE A GARDEN HOSE CONNECTED TO THE WATER SUPPLY, OR OTHER FIRE EXTINGUISHING EQUIPMENT READILY AVAILABLE FOR USE.

(e)         DRIED LEAVES ONLY.
              NO PERSON SHALL KINDLE OR MAINTAIN ANY FIRE PERMITTED BY THIS ORDINANCE OR AUTHORIZE SUCH FIRE TO BE IGNITED OR MAINTAINED IF THE MATERIAL TO BE BURNED CONSISTS OF ANYTHING OTHER THAN DRIED LEAVES.
                    
SECTION  5.     PENALTIES.

                              VIOLATION OF ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED TO BE A PETTY MISDEMEANOR. AFTER THE THIRD VIOLATION IN ONE YEAR THE PENALTY SHALL BE DEEMED TO BE A MISDEMEANOR.

     THIS ORDINANCE SHALL SUPERSEDE AND REPEAL ALL PRIOR AND CONSISTENT ORDINANCES. THIS ORDINANCE SHALL BE EFFECTIVE UPON PASSAGE AND PUBLICATION REQUIRED BY LAW.

DATED:_____________                                                         ____________________
                                                                                                            CLERK

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              MAYOR