HomeMy WebLinkAboutcitation/burning violation ARREST REPORT
Date: May 11, 1989
Defendent: Emery, Dale Ferdinend
Rt 1, P.O. Box 196
Delano, MN 55328
Citation: No. 389-045059 & 389-045060
Ordinance: Orono Municipal Code Section 9.30, Subd. 1
Burning Tires & Trash not Approved with Permit
Uniform Fire Code, Article 11.101 (B)
Did Not Follow Conditions of Permit
Arresting Officer: 6511, 6581
Date of Offense: 5/11/89
Location & City: 1200 Old Crystal Bay Road South, Orono
On May 11, 1989, I was requested to respond to 1200 Old
Crystal Bay Road South for a burning violation. At 10:00 hours I
arrived at the site and found a pile approximately 13' high of
junk, debris, wood and brush burning. I spoke with Dale Emery at
that time on the following information:
1. Why was police dispatch not notified about the burning
taking place?
2. Why were the conditions on the application not followed?
A) Height of burn pile;
B) Unapproved items being burnt (tires, asphalt
shingles, etc. ) .
As I spoke to Mr. Emery, he explained that he was in charge
but continuously told us that the owner was responsible for the
burn pile. I asked Mr. Emery if he was the one that piled the
debris on the pile and he said yes. At that time, I explained to
him about the violation against Orono Section 9.30, Subdivision
1 - Burning tires and trash not approved with the permit and
Uniform Fire Code 11.101 (D) - that he did not follow conditions
of the permit. Exhibit A attached is the burning permit
application which was approved to Tim Traff to burn at the above
location. Note the conditions at the bottom and back of the
permit.
Date Issued: 05/08/89 " Permit to be mailed:
permit No. . 05-159- .e ; yS ...A..-4 m or picked up: „,-,-
' CITY
. -
CITY OF ORONO
P.O. Box 66, Crystal Bay, MN 55323
Notice shall be given to the police department prior to burning- 544-9511.
Expires after 30 days from date issued.
OPEN BURNING PERMIT
SITE ADDRESS: 1 .)- ° 3 °La C ri 5- ret DATE: , pP`/
Name: im-IZA'FT-- Phone: / 1-5-'7(4)/71-- 0 (o)
Mailing Address : 3-(:4 .3 1.4510, 0a-Z-;‘, City: wa-y -z Zip: 5-s1,/
Agent (if applicable) : --
FOR THE PURPOSE OF BURNING 4 /'i.t - e"'{'/ 4
This application for open burning will be accomplished in accordance with
the conditions listed. The recipient of the permit shall comply with all
other state and local laws regarding open burning including obtaining the
required permits. (NOTE : More than 5 times per year (for all
organizations and individuals regardless of tax status) will be charged a
$100.00 annual fee. )
/�
/ /L vv, //1-e
Signature
Apprdlved by: Inspected by:
x
:7711)-4L4 -...j , � Date 5
—47-Insptors Comments : /
Fire Department: C.1=c Laked Maple Plain Mound Wayzata
The Fire Department must sign this burning permit if they will be doing the
burning for the applicant.
Fire Department
THE FOLLOWING ITEMS are to be completed before the inspector arrives (If inspector has to
re-inspect site because items were not complete, there will be a $20.00 charge per re-
inspection):
1. Street address must be posted and visible from the street
2. Burn pile must be stacked at burn site meeting the following:
- Minimum 50' from buildings.
- Wood and paper products only
- 8' maximum diameter, 4 high maximum
3. If piles are not easily found and no one will be home, you must draw a map on back
side of permit application locating the burn pile.
4. If these conditions are not met, the permit will be denied and you may not apply for
another permit for 30 days. Violations of these
5. Read all conditions on backside of permit before burning.
conditions may result in the issuance of citations and permit may be revoked.
ALL SITES WILL BE INSPECTED before issuance of burning permit, subject to
availability of staff time.
This permit is limited to the following conditions :
1. Fire must be attended at all times.
2. Provide water supply to burning site.
3. The prevailing wind at the time of the burning shall be away from
nearby residences.
4. The burning shall be conducted as far away from any highway or public
road and controlled so that a traffic hazard is not created.
6. The location of the burning shall be conducted not less than 50 feet
from any structure and adequate provision is made to prevent fire from
spreading to within 50 feet of any structure. If the fire is contained in
an approved waste burner it may be located safely not less than 15 feet
from any structure and fire extinguishing equipment readily available for
use.
7. If burning occurs within 600 feet from an occupied residence other than
those located on the property, applicant must receive permission from all
residents within 600 feet.
8. Oils, rubber and other smoke producing materials shall not be burned or
used as starting materials.
9. Any fire allowed by this permit shall be extinguished within four (4 )
hours of a public announcement by the Minnesota Pollution Control Agency
that an air pollution alert, warning or emergency exists. Such burning
shall cease until a similar public a_nnouncement terminating the alert,
warning or emergency is issued.
10. This permit is subject to revocation at the discretion of the local
police department or the permit issuer if:
a) a reasonable, practical alternate method of disposal of the
material exists;
b) a fire hazard exists or develops during the course of the buying;
•
and
c) any of the conditions of the permit are violated during the course
of the burning.
11. Other reasonable conditions the permit issuing authority may impose.
Division
INCINERATORS AND OPEN BURNING
•
_ •
Bonfires and Outdoor Rubbish Fires
• • 4� Sec. 11.101. (a) Permit Required. For permits to kindle or maintain any
bonfire or rubbish fire,see Section 4.101.Rubbish includes waste material from
• the construction or demolition of buildings.
. _ (b)Location Restricted. No person shall kindle or maintain any bonfire or
- rubbish fire or authorize any such fire to be kindled or maintained on any private
•
land unless(1)the location is not less than 50 feet from any structure and adequate
provision is made to prevent fire from spreading to within 50 feet of any structure,
or(2)the fire is contained in an approved waste burner located safely not less than
15 feet from any structure.
(c)Attendance of Open Fires.Bonfires and rubbish fires 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.
(d)Chief May Prohibit.The chief may prohibit any or all bonfires and outdoor
when rubbish fires atmosp enc conditions or local circumstances make such gyres
hazardous.
!¢ G+"Z,\^it'• ,r., Se4a°rh +.ka�i.` H"^f5�4ET�`'2' 4` „i i'$'�ew.S'.',. •C ��"'i{ o ,
T3 "` '��-��: � Kindling of Fire on Land of Others Restricted
Sec. 11.102. No person shall kindle a fire upon the land of another without
permission of the owner thereof or his agent.
•
Discarding Burning Objects Prohibited
Sec. 11.103. No person shall throw down or drop any lighted match,cigar,
• cigarette or other burning substance in combustible material or in close proximity
• thereto.
Hot Ashes and Other Dangerous Materials
Sec.11.104.No person shall deposit hot ashes or cinders or smoldering coals,
or greasy or oily substances liable to spontaneous ignition,into any combustible
receptacle or place the same within 10 feet of any combustible materials,except in
metal or other noncombustible, covered receptacles. Such receptacles, unless
- � resting on a noncombustible floor or on the ground outside the buildings,shall be
tj @*„.r-,� i� placed on noncombustible stands and in every case shall be kept
at least 2 feet
away from any combustible wall or partition or exterior window opening.
Types and Construction of Incinerators
Sec.11.105.(a)Every incinerator used shall comply with the provisions of this
- • _. • - • ., .'�- : ` .: - section.
(b) Commercial, industrial and apartment-type incinerators shall be con-
54
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ORDINANCE NUMBER 19, SECOND SERIES
AN ORDINANCE REPEALING SECTION 9.30 AND SUBSTITUTING LANGUAGE
THEREFOR:
The City Council of the City of Orono ordains:
Ordinance Repealed. Ordinance Section 9.30 is hereby repealed .
and the following language substituted in its place.
SEC. 9.30. OPEN BURNING AND AIR POLLUTION CONTROL.
Subd. 1. For the purpose of protecting the public
health, safety and welfare of the community it is unlawful for-
any person to burn or permit burning of any grass, weeds, leaves,
rubbish or other substance upon premises owned or occupied by
him, except as otherwise provided by this Code.
Subd. 2. The Air Pollution Control rules, as amended
in 1977, promulgated by the Minensota Pollution Control Agency,
are hereby adopted by reference as though set forth verbatim
herein. One copy of said Rules shall be marked CITY OF ORONO -
OFFICIAL COPY and kept on file in the office of the City Clerk
and open to inspection and use by the public. It is unlawful to
violate a provision of this Section or of the Air Pollution
Control rules hereby adopted by reference.
Subd. 3. Exceptions. The following open burning shall
be excepted from the regulation of this Section, provided that
with respect to subparagraphs B, C and D below, an appropriate
permit shall first be obtained.
A. Open fires used solely for the preparation of
food in an approved recepticle.
B. Fires set for the instruction and training of
public and industrial fire fighting personnel.
C. Fires set for the elimination of fire hazards
which cannot be abated by any other practical means.
D. The burning of trees , brush , grass or other
vegetable matter in the clearing of land, right-of-way or public
lands maintenance operations and agricultural crop burning .
Subd. 4. Permit Required. Burning pursuant to
Subparagraphs B, C and D of Subdivision 3 hereof shall be
permitted upon the issuance of an annual or occasional permit by
the Building Official and/or the Public Works Coordinator.
Annual permits shall be issued to anyone who anticipates or
actually burns more than five times per year. A fee shall be
charged for annual permits. Permits are issued subject to the
following conditions:
1 •
------ - - —---IICa5e71s,nal STATE OF MINNESOTA STATE OF MINNESOTA ,
UNIFORM CITATION NO. COUNTY OF HENNEPIN HG 456719/881 COUNTY OF HENNEPIN
DISTRICT COURT - UNIFORM CITATION NO. DISTRICT COURT
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:tt�;:!�:;� The Issuing officer stales that the person named ;. `.;. below committficer ed the states
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389- 0 4 5 0 5 9 2 7rC r i below committed the offense described In violation of 389- 0 4 5 0 6 0 ,hs we om fitted ed. J
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VIOLATION INFORMATION VIOLATION INFORMATION
DATE OFOFFENSE
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If you fail to respo d to this citation within 7 days,increased penalties will be If ou tail to r dp`o this citation within 7 days,increased penalties will be
assessed and a warrant may be issued for your arrest.If a waant is issued,a I a sessed an rrAnt may be issued for your arrest.If a warrant is issued,a
penalty of$30.00 will be added to the fine. i"
1itj c/rI f. . penalty of$30.00 will be added to the fine.
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COURT COPY-DO NOT WRITE ON REVERSEi. : COURT COPY-DO NOT WRITE ON REVERSE
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