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BYLAW NO, 298-24
ALBERTA BEACH
BEING A BYLAW OF ALBERTA BEACH IN THE PROVINCE OF ALBERTA TO PROHIBIT AND
CONTROL OPEN BURNING WITHIN THE CORPORATE LIMITS OF ALBERTA BEACH,
WHEREAS in accordance with Section 7 of the Municipal Government Act, being chapter M-26 of the Revised
Statutes of Alberta, 2000 and amendments thereto.
AND WHEREAS the Council of the Village of Alberta Beach deems it proper and expedient to pass a Bylaw
regulating open burning in Alberta Beach,
NOW THEREFORE the Council of Alberta Beach, duly assembled, hereby enact as follows:
SECTION 1 - SHORT TITLE
1.
(1)
This Bylaw may be cited as "The Burning Bylaw",
SECTION 2 - DEFINITIONS
2.
(1)
(a)
"Council" means the Municipal Council of Alberta Beach,
(b)
"Fire Extinguishing Equipment" means any equipment capable, when used properly, of
extinguishing burning materials,
(c)
"Fire Chief means the member appointed by Fire Rescue International as head of the
Fire Department, or the person as appointed by Council.
(d)
"Member" means any person who is a duly appointed member of the Fire Department,
(e)
"Officer" means a By-law Enforcement Officer appointed by Alberta Beach pursuant to
the Municipal Government Act to enforce By-laws, a member of the Royal Canadian
Mounted Police or a Peace Officer.
(2)
"Park" means:
(a)
Every public park, sports field, playground or recreation area title to which is vested in
Alberta Beach.
(b)
Any Municipal Reserve or area used as a park, whether on a permanent or temporary
basis.
(c)
Any area designated by resolution of the Village as a park for the purposes of this Bylaw.
(d)
Any land acquired by Alberta Beach through subdivision as a Municipal Reserve.
(3)
"Fire Security Personnel" means a person, organization or group appointed as Fire Security
Personnel by the Alberta Beach Chief Administrative Officer or Mayor and Council under this
Bylaw.
(4)
"Person" includes an individual, corporation, firm, partnership, association or body corporate, over
the age of eighteen (18) years of age.
(5)
"Portable Appliance" means any CSA approved appliance sold or constructed for the purpose of
cooking food, obtaining warmth or viewing for pleasure out of doors and includes barbeques,
smokers, grills, pellet stoves, propane or natural gas fire tables, patio heaters and outdoor
fireplaces.
(6)
"Fire Pit" means an installation which has enclosed sides made from bricks, concrete blocks,
rocks, heavy gauge metal, or other non combustible materials acceptable to the Fire Chief or Fire
Security Personnel or Officer,
(7)
"Spark Arrestor" means a mesh screen with openings no larger than 1,25cm or approximately !/2
inch and constructed of expanded metal (or equivalent non-combustible material) is used to cover
the fire pit opening in a manner sufficient to contain and reduce the hazards of airborne sparks.
(8)
"Recreational Fire" means a confined fire for the purpose of cooking, obtaining warmth or
viewing for pleasure, A Recreational Fire may only be fuelled with seasoned wood, propane or
natural gas.
BY-LAW NO. 298-24
PAGE 2
(9)
"Village" means the Municipal Corporations of Alberta Beach in the Province of Alberta.
(10)
"Violation Tag" means a tag or similar document issued by Alberta Beach pursuant to Section 7 of
the Municipal Government Act,
(11)
"Violation Ticket" means a ticket issued pursuant to Part I! of the Provincial Offences Procedure
Act S.A. 1988, c.P-21.5, as amended and regulations thereunder.
(12)
"Prohibited Debris" means material burned in accordance with all applicable statutes and Bylaws
including but not limited to materials such as:
(a)
straw and stubble
(b)
grass and weeds, except as in section 3( 1 )(c)&(d)
(c)
leaves and tree pruning, except as in section 3(1 )(c)&(d)
(d)
brush and fallen trees on newly cleared land or associated with logging
operations
(e)
wooden material from the construction or demolition of building
(f)
solid waste from post and pole operation that does contain wood
preservatives
(g)
solid waste from tree harvesting operations
(h)
animal cadavers
(i)
animal manure
(j)
pathological waste
(k)
non-wooden material
(1)
combustible material in automobiles
(m)
tires
(n)
rubber, plastic, or anything containing or coated with rubber or plastic
or similar substances, including rubber or plastic attached to shredded
scrap steel;
(o)
wood or wood products containing substances for the purpose of
preserving wood; and
(p)
household refuse including furniture,
SECTION 3 - PROHIBITIONS
3,
(1)
Except as provided in this Bylaw, no person shall conduct any outdoor burning unless:
(a)
the burning is supervised at all times by responsible adult person until such time that the
fire has been extinguished. A fire shall be deemed to include hot ashes and smoldering
embers resulting from the fire;
(b)
The burning is conducted in a safe manner;
(c)
Only pulp products (paper or cardboard) and dry refuse from vegetation are burned; and
seasoned wood;
(d)
Fire extinguishing equipment is readily available at the site
(2)
No person shall burn anything within a distance of 2 meters from any structure, and do so using a
device as allowed within this Bylaw,
(3)
No person shall conduct or cause to be conducted any burning in a park or on any other property
owned or operated by Alberta Beach, unless such burning occurs in a container provided by
Alberta Beach for that purpose or in a portable appliance.
(4)
No person shall conduct any burning or light an outdoor fire without first taking sufficient
precautions to ensure that the fire can be kept under control at all times.
(5)
No person shall conduct any burning or light an outdoor fire when weather conditions are
conducive to a fire readily escaping out of control.
(6)
Every person lighting, igniting or causing a fire to be lit or ignited shall take reasonable steps to
prevent it from spreading onto land other than his own.
(7)
No person shall deposit, discard or leave any burning matter or substance in a place where it might
ignite other matter and result in fire,
(8)
No person shall conduct any burning or light an outdoor fire unless confined within a fire pit or
enclosure no more than 3ft, (1.75m) in diameter,
(9)
Flame height does not exceed 90 cm (3.28) feet above the barbecue/fire pit.
BY-LAW NO. 298-24
PAGE 3
SECTION 4 - FIRE BAN ORDERS
4.
(1)
The Minister, Alberta Beach Chief Administrative Officer or Mayor and Council may issue FIRE
BAN ORDERS and when issued, every person shall:
(a)
Within the Municipal boundaries affected by the order of a FIRE BAN immediately
proceed to extinguish every outdoor fire and recreational fire lit by him or under his
authority and every fire located on land occupied or owned by him,
(b)
No Person shall light an outdoor fire or fire pit not fuelled by propane or natural gas, and
no person shall light a barbeque or portable appliance not fuelled by propane, natural gas
or barbeque pellets during a municipal or provincial fire ban pursuant to the Forest and
Prairie Protection Act,
SECTION 5 - COOKING
5.
(1)
Except as provided for in subsection (2) it shall not be an offence under this Bylaw to cook,
prepare or smoke food; providing it is an approved portable appliance as set in the definitions 1 (5)
excepting when a FIRE BAN is in effect, with the exception of 4,(l)(b),
(2)
No person shall cook, prepare or smoke food in a park unless it is done in a portable appliance or
such device or structure constructed for those purposes in the park, excepting when a FIRE BAN
is in effect.
SECTION 6 - RECREATIONAL FIRES
6.
( 1 )
Except as provided for in Section 6, subsection (2) it shall not be an offence to ignite, construct or
otherwise create a recreational fire, excepting when a FIRE BAN is in effect, with the exception of
(2)
No Person shall ignite, construct or create a recreational fire in a park unless the recreational fire
occurs at a location so designated within a park or in a device or structure constructed for that
purpose in the park, excepting when a FIRE BAN is in effect,
SECTION 7 - FIRE DEPARTMENT
7,
(1)
It shall not be an offence under this Bylaw for the Fire Department to conduct any burning for
the purpose of fire prevention or training excepting when a FIRE BAN is in effect, unless the
purpose is the control & purpose of fuel reduction.
SECTION 8 - RECOVERY COSTS
8.
(1)
Recovery of fire fighting cost:
(a)
Where Fire Rescue International has taken any action whatsoever for the purpose of
extinguishing a fire or responding to a fire call or incident in Alberta Beach for the
purpose of preserving life or property from injury or destruction by fire or other incident
on land within Alberta Beach, including any action taken by the Department on a false
alarm, the Chief Administrative Officer or his/her designate may in respect of any costs
incurred in taking such action, if the Chief Administrative Officer or his/her designate
feels that proper grounds for doing so exist, charge any costs so incurred against the land
upon which the fire was extinguished as taxes due and owing in respect of that land,
SECTION 9 - EXEMPTIONS
9.
(1)
A fire permit is not required under this Bylaw for the following:
(a)
An incinerator fire,
(b)
An outdoor fire or recreational fire that is set for the purposes of cooking, obtaining
warmth or viewing for pleasure, excepting when a FIRE BAN is in effect.
(c)
The fire department will be notified of any special event fires,
SECTION 10 - PENALTIES
10,
(1)
Offences:
BY-LAW NO. 298-24
PAGE 4
(a)
Any person who contravenes a provision of this Bylaw is guilty of an offence and is
liable to a specified penalty as set out in Schedule "A" herein,
(b)
Under no circumstances shall any person contravening any provision of this Bylaw be
subject to the penalty of imprisonment.
(c)
Nothing in this Bylaw shall be construed as curtailing or abridging the right of Alberta
Beach to obtain compensation or maintain an action for loss of or damage to property
from or against the person or persons responsible,
SECTION 11 - FIRE HAZARDS
11.
(1)
(a)
If Council finds within its Municipal boundaries on privately owned land or occupied
public land conditions that in its opinion constitute a fire hazard, it may order the owner
or the person in control of the land on which the fire hazard exists to reduce or remove
the hazard within a fixed time and in a manner prescribed by the Council
(b)
When Council finds that the order it made pursuant to Section 1 l(a) has not been carried
out, it may enter on the land with any equipment and any person it considers necessary
and perform any work required to eliminate or reduce the fire hazard,
SECTION 12 - AUTHORITY
12.
(1)
The Chief Administrative Officer or the Mayor and Council may limit the:
(a)
Authority and power of the Fire Security Personnel and their designates through a written
description of their duties.
(b)
Unless the powers are otherwise limited by the Administrator, each Fire Security
Personnel and their designates shall have the authority and power to enforce the
provisions of this Bylaw within the boundaries of Alberta Beach.
(c)
No person shall obstruct a Peace Officer, the Fire Chief, or any member of the Fire
Chiefs Office in the performance of their duties pursuant to this Bylaw or the Forest and
Prairie Protection Act. Obstruction will include failure to provide access to property and
formation as to identity to individuals.
SECTION 13 - VIOLATION TAGS
13.
(1)
An Officer is hereby authorized and empowered to issue a Violation Tag to any person who the
Officer has reasonable and probable grounds to believe has contravened any provision of this
Bylaw.
(2)
A Violation Tag may be issued to such person:
(a)
Either personally; or
(b)
By mailing a copy to such person at his/her last known mailing address.
(3)
The Violation Tag shall be in a form approved by Alberta Beach or the responsible Administrator
and shall state:
(a)
The name of the person;
(b)
The offence;
(c)
The appropriate penalty for the offence as specified in Schedule "A" of this Bylaw;
(d)
That the penalty shall be paid within thirty (30) days of the issuance of the Violation Tag;
(e)
Any other information that may be required by Alberta Beach.
(4)
Where contravention of this Bylaw is of a continuing nature, an Officer shall issue one Violation
Tag for each 24-hour period that the contravention continues,
(5)
Where a Violation Tag is issued pursuant to this Bylaw, the person to whom the Violation Tag is
issued, may in lieu of being prosecuted for the offence, pay to the Administration Officer the
penalty specified in the Violation Tag, on or before the due date.
BY-LAW NO. 298-24
PAGES
(6)
Nothing in this Bylaw shall prevent an officer from immediately issuing a Violation ticket
including mandatory court appearance of any person who contravenes a provision in this Bylaw.
SECTION 14-VIOLATION TICKET
14.
(1)
If the penalty specified in a Violation Tag is not paid within the prescribed time period, then an
Officer is hereby authorized and empowered to issue a Violation Ticket pursuant t0 Part 11 of the
Provincial Offences Procedures Act.
(2)
When a Violation Ticket is issued, a Person who wishes to plead guilty may make a voluntary
payment by paying an amount equal to the specified penalty for the offence as provided for in
Schedule "A" of this Bylaw,
SECTION 15-SEVERABiLITY
15,
(1)
Should any provision of this By-law be invalid, then such invalid provision shall be severed and
the remaining Bylaw shall be maintained.
BYLAW 247-16 AND ALL AMENDMENTS THERETO BE RESCINDED IN THEIR ENTIRETY UPON
PASSING OF THIS BYLAW,
THIS BY-LAW SHALL COME INTO FULL FORCE AND EFFECT UPON THE THIRD AND FINAL
READING THEREOF,
READ A FIRST TIME THIS 21ST DAY OF MAY, A.D. 2024,
READ A SECOND TIME THIS 21ST DAY OF MAY, A.D, 2024.
UNANIMOUS CONSENT GIVEN TO PROCEED TO THIRD READING THIS 21ST DAY OF MAY, 2024,
READ A THIRD AND FINAL TIME THIS 21ST DAY OF MAY, A.D. 2024,
SIGNED BY THE MAYOR AND CHIEF ADMINISTRATIVE OFFICER THIS 21ST DAY OF MAY, A.D, 2024.
Mayor, Kelly Muir
Chief Administrative Officer, Kathy Skwarchuk
BY-LAW NO, 298-24
PAGE 6
SCHEDULE"A"
Section
Particulars
Penalty
Second or Subsequent
Offence
3( 1 )(a)
No adult supervision
$300,00
$600.00
3(1 )(b)
Unsafe burning
$300.00
$600,00
3(1 )(c)
Prohibited material
$300,00
$600,00
3( 1 )(d)
No fire extinguishing equip.
$300,00
$600.00
3(2)
Too close to structure
$300,00
$600.00
3(3)
Burning in park
$300.00
$600.00
3(4)
Insufficient precautions
$300.00
$600,00
3(5)
Unsafe weather
$300.00
$600.00
3(6)
Danger of spreading fire
$300,00
$600.00
3(7)
Burning unsafe matter
$300,00
$600.00
3(8)
Fire Pit Size
$300,00
$600.00
3(9)
Flame Height
$300,00
$600.00
4(1 )(b)
Fire Ban
$500,00
$1000.00
5(2)
Cooking in park
$300.00
$600,00
6(2)
Recreational fire in park
$300.00
$600,00
12(l)(c)
Obstruction
$1000,00
$2000.00