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BYLAW 90-23 -Tree Removal Permitting 20230422
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SUMMER VILLAGE OF BURNSTICK LAKE BYLAW 90 - 2023
Tree Removal Permitting
A Bylaw of the Summer Village of Burnstick Lake, in the Province of Alberta for the purpose of
establishing policies for the removal of trees in public spaces that are owned or controlled by the
Summer Village.
WHEREAS it is important to provide for the management, improvement and operation of trees and
forests;
AND WHEREAS trees provide benefits including: improvement of air quality; absorption of carbon
dioxide; energy moderation; storm water retention; wildlife habitat; aesthetics and general
improvement of quality of life;
AND WHEREAS the Municipal Government Act, R.S.A 2000 Chapter M-26, and amendments
thereto, as amended from time to time, provides authority for the Summer Village to regulate such
matters;
NOW, THEREFORE, the Council of the Summer Village of Burnstick Lake, in the Province of Alberta,
duly assembled, hereby enacts as follows:
1. SHORT TITLE
1.1 This Bylaw may be cited as the "Tree Removal Permitting Bylaw".
2. DEFINITIONS
2.1 "All Terrain Vehicle (ATV)" means a small motor vehicle with three or four wheels that is
designed for use on various types of terrain;
2.2 "Bylaw Enforcement Officer" means:
a) Any member of the Royal Canadian Mounted Police
b) Any Community Peace Officer
c) The Chief Administrative Officer of the Summer Village of Burnstick Lake or any person
designated by the Chief Administrative Officer to enter and inspect property in accordance with
the provisions of this Bylaw;
2.3 "Chief Administrative Officer" means the Chief Administrative Officer of the Summer Village of
Burnstick Lake regardless of any subsequent title that may be conferred on that Officer by
Council or statute, or his or her designate.
2.4 "Council" means the Municipal Council of the Summer Village of Burnstick Lake.
2.5 "Owner" means the person who is registered under the Land Titles Act as the owner of the fee
simple estate in the land or is the spouse of a person who holds title or is a person or the spouse
of a person who holds a valid land lease agreement on a property and, in respect of any property
other than land, the person in lawful possession of it;
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2.6 "Permit" means a written authorization issued pursuant to approval granted by the Summer
Village of Burnstick Lake in respect to activities on public lands.
2.7 "Public Lands" means any lands including municipal reserves, environmental reserves, parks,
public open spaces, walkways.
2.8 "Strict Liability" means a Person is responsible for the damage and loss caused by their acts and
omissions regardless of guiltiness.
3. REMOVAL OF TREES
3.1 Any person wanting to remove a live standing tree or trees from public lands must first obtain a
permit from the Summer Village.
3.2 Only persons issued a written permit may cut down and/or remove a tree or trees from public
lands.
3.3 Only trees specifically marked and stated on the permit may be cut down and/or removed.
3.4 The Summer Village may remove, trim, or otherwise dispose of any tree or authorize the
removal, trimming, or disposal of any tree if in the opinion of the Summer Village the tree or
trees may fail due to mortality, a structural defect or changed stand conditions, insect or virus
infestation and, as a result, may cause property damage or personal injury or is a public
nuisance.
4. GENERAL PROVISIONS
4.1 A request for a permit shall be made in writing to the Council and the CAO shall receive and
consider the request and after having done so, may in absolute discretion, issue to the applicant
a permit.
4.2 No cutting or removal of tree or trees is permitted unless a permit is issued.
4.2 The applicant must physically mark all trees applied for removal with surveyor's tape prior to
inspection by the Summer Village.
4.3 When issuing a permit, the Council or CAO may issue the permit unconditionally or may impose
conditions considered appropriate.
4.4 Permits pursuant to this bylaw are valid for such period of time as determined by the Council or
CAO.
4.5 The applicant assumes all responsibility to ensure the safe removal of trees without damaging
adjacent lands, other trees, reserve lands or people and shall save the Summer Village harmless
from any actions, suites or claims that may result from the removal the tree or trees.
4.6 An ATV may enter onto public lands via the shortest and most practical route only for the
purpose of removing deadfall, downed trees, bucked up trees, stumps and/or other brush and
debris.
5. EXCEPTIONS
5.1 If through an act of hail, strong winds, heavy rain or heavy snowfall, a tree or trees on public
lands experiences major damage and threatens the safety of people or property, an owner may
take immediate action to cut down and/or remove the said tree or trees without a permit.
5.2 The removal of dead trees, stumps and deadfall due to natural causes can be cleared without a
permit.
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6. OFFENCES
6.1 Except as provided for in Section 5.1, no person shall damage, cut down and/or remove a tree or
trees from police lands without first obtaining a valid permit.
7. PENALTIES
7.1 Any person who cuts down, removes or damages a tree or trees on public land without a valid
permit authorizing such action is guilty of an offence is liable to a fine of:
a) $250.00 per tree with a trunk diameter of 5 cm (2 inches) or less;
b) $500.00 per tree with a trunk diameter greater than 5 cm (2 inches).
8. ENFORCEMENT
8.1 Where a Bylaw Enforcement Officer has reasonable grounds to believe that a person has
violated any provision of this Bylaw, the Bylaw Enforcement Officer may commence court
proceedings against such a person by:
a) Issuing an Order to Comply to remedy the contravention in any manner deemed
necessary in the circumstances pursuant to Section 545 of the Municipal Government Act;
or
b) Issuing the person a Violation Ticket pursuant to the provisions of Part 2 of the Provincial
Offences Procedure Act.
8.2 Where a Bylaw Enforcement Officer issues a person an Order to Comply, the Officer may:
a) Identify the Unauthorized Use;
b) Direct the person to take action or measures necessary to remedy the Unauthorized Use
including, but not limited to, the restoration of the public lands to a natural state; and
c) State the time within which the person must fulfill the Order to Comply;
d) State that if the person does not abide by the Order to Comply in a specified time, the
Summer Village may take action or measures at the expense of the person.
8.3 Where a Bylaw Enforcement Officer issues a person a Violation Ticket, the Officer may either:
a) Allow the person to pay the specified penalty as indicated on the Violation Ticket; or
b) Require a court appearance of the person where the Bylaw Enforcement Officer believes
that such an appearance is in the public interest, pursuant to the provisions of Part 2 of
the Provincial Offences Procedure Act.
8.4 No provision of this Bylaw nor any action taken pursuant to any provision of this Bylaw shall
restrict, limit, prevent, or preclude the Summer Village from pursuing any other remedy in
relation to a premises provided by the Municipal Government Act, or any other law in the
Province of Alberta.
9. STRICT LIABILITY
9.1 It is the intention of Council that all offences created by this Bylaw be interpreted to be Strict
Liability offences.
10. SEVERABILITY
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10.1 Each provision of this Bylaw is independent of all other provisions. If any such provision is
declared invalid by a court of competent jurisdiction, all other provisions of this Bylaw will
remain valid and enforceable.
11. EFFECTIVE DATE
11.1 This Bylaw shall come into force and take effect upon the date of third reading.
12. REPEAL
12.1 Bylaw 31-1998 is hereby repealed.
Introduced and given first reading this ___11th__ day of __February___, 2023.
Given second reading this __22nd___ day of __April__, 2023.
Given third and final reading this __22nd__ day of __April__, 2023.
The Summer Village of Burnstick Lake
Original Signed
___________________________
Mayor
Original Signed
___________________________
Chief Administrative Officer