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WLLAGEIN THEVALLEY
BYLAW
2020-835
BURNING
BYLAW
VILLAGE
OF CARBON
IN THE
PROVINCE
OF ALBERTA
Being a Bylaw of the Village
of Carbon
in the Province
of Alberta,
to reduce the risk of fire due
to
various
recreational
and
open
burning
practices.
This
Bylaw
is
not
intended
to
include
commercially
available
propane,
natural
gas and charcoal
barbeques
meeting
CSA standards
WHEREAS,
the Municipal Government
Act, RSA 2000 cM-26 as amended by the Province of Alberta
provides that a Municipal
Council may by Bylaw provide for safety, health, and welfare of people and
the protection
of people and property;
AND WHEREAS,
the Council of the Village of Carbon deems it proper and expedient
to pass a Bylaw
regulating
open burning within the Village of Carbon.
NOW THEREFORE
the Council of the Village of Carbon, duly assembled,
enacts as follows:
SECTION
1- NAME OF BYLAW
1. 1
This Bylaw may be cited as the "Burning Bylaw".
SECTION
2 - DEFINITIONS
2.1
Accepfab/eFirePit-anoutdoorreceptaclethatmeetsthefollowingspecification:
(a)
A minimum of 3-meter clearance,
measured
from the nearest of the fire pit edge, is
maintained
from buildings, property lines or other combustible
material;
(b)
The fire pit installation
has enclosed sides made from bricks, concrete blocks, heavy gauge
metal, or another non-combustible
material;
(c)
A spark arrestor mesh screen with openings no larger than 1.25 cm and constructed
of
expanded
metal (or equivalent
non-combustible
material) is used to cover the fire pit opening
in a manner enough to contain and reduce the hazards oT airborne sparks.
2.2
Burnable Debris - those materials permitted to be burned in accordance
with statutes and
Bylaws written to protect and enhance the environment,
and shall include, but are not limited to,
materials described
as:
(a)
straw and stubble;
(b)
grass and weeds;
(c)
leaves and tree trimmings;
(d)
brush and fallen trees; or
(e)
used power poles or wooden materials that do not contain preservatives.
2.3
Councj/-theCounciloftheVillageofCarbon.
sr;! r
2.4
0pen Air Fire - any Tire which is not an incinerator
fire, pit fire, public site fire, recreational
fire,
and which, without limiting the generality
of the foregoing, shall include grass fires, bush fires, running
fires, structure fires, and building fires.
2.5
0fficer
- Designated
Officer or the delegate to the Designated
Officer maybe as follows: Bylaw
Officer, Peace Officer or RCMP - Royal Canadian Mounted Police.
2.6
Prohibited
Receptacles
and Debris - any material that when burned, will result in the release to
the atmosphere
of dense smoke or toxic air contaminants
in accordance
with statutes and
Bylaws
written to protect and
enhance the environment,
and
shall
include
but are
not limited
to
materials
described
as:
(a)
Burn
barrels
- a
metal 55-gallon open
head
drum,
modified
to burn household
trash
and yard;
(b)
non-wooden
material;
(c) waste
material
from
building
or construction
sites,
excluding
wooden
materials
that
do not contain wood preservatives;
(d)
combustible
material in automobile
bodies;
(e)
tires;
(f)
rubber or plastic, or anything coated/containing
rubber or plastic.
(g)
used oil; or
(h)
animal manure.
2.7
Public Park Site Fire - a fire on land owned/leased
by the Village of Carbon for recreational
purposes and is confined to either a non-combustible
container supplied by the Village, or a Portable
Appliance,
which is set for the purpose of cooking food, obtaining warmth or viewing for pleasure. Such
fire may only be fuelled with seasoned
wood, charcoal, natural gas or propane.
2.8
Recreational
Fire - a confined fire for the purpose of cooking, obtaining warmth or viewing for
pleasure. A recreational
fire may only be fuelled with seasoned
wood, charcoal, propane or natural gas.
2.9
Runninq Fire - a fire burning without being under the proper control of any person.
SECTION
3 - PROHIBITIONS
3.1
Except as provided in this Bylaw, no person shall conduct any outdoor burning unless:
(a)
the burning is always supervised
by responsible
adult person (at least 18 years of age) 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; or
(c)
only those items defined under burnable debris are burnt.
3.2
No person shall burn anything within 2 meters from any combustible
structure and do so using a
device as allowed within this Bylaw.
3.3
No person shall conduct or cause to be conducted
any burning in a park or on any other property
owned or operated by the Village of Carbon, unless such burning occurs in a container
provided
by the Village of Carbon for that purpose or in a portable appliance.
3.5
No person shall conduct any burning or light an outdoor fire when weather conditions
are
conducive
to a fire readily escaping out or control.
]J9F;]
3.6
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 their own.
3.7
Nopersonshallconductanyburningorlightanoutdoorfireunlessconfinedwithinafirepitor
enclosure no more than 3ft. (0.9144 m) in diameter.
3.8
Flame height does not exceed O.9997 m (3.28) feet above the barbecue/fire
pit.
SECTION 4 - FIRE BAN ORDERS
4.1
The Carbon Fire Chief, upon consultation with the Carbon Village Council and or CAO, 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 the resident.
(b)
No
Person
shall
light an
outdoor fire,
a
structure fire,
an
incinerator fire,
smudge fire,
barbecue/fire
pit,
or portable
appliance
not fuelled
by
propane
or
natural
gas,
during
a
municipal fire ban.
SECTION 5 - FIRE DEPARTMENT
5.1
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.
SECTION 6 - FIRE HAZARDS
6.1
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.
6.2
When Council finds that the order it made pursuant to Section 7.1 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 7 - VIOLATIONS
AND PENALTIES
7. 1
An Officer (Designated by Village of Carbon Council) is hereby authorized and empowered to
issue a Violation Ticket to any person who the Officer has reasonable and probable grounds to
believe has contravened any provision of this Bylaw.
7.2
A Violation Ticket may be issued to such person:
(a)
Either personally; or
(b)
By mailing a copy to such person at their last known mailing address.
7.3
The Violation Ticket shall be in a form approved by Village of Carbon or the responsible
Administrator
and shall state the name of the person, the offence, the appropriate penalty for the
offence as specified in Schedule "A" of this Bylaw, any other information deemed important by the
!!,Pi,%
Officer, including a due date for the penalty to be paid to the Municipal Authority. Further legal
action will be pursed should the ticket remain unpaid after this due date.
SECTION
8 - SEVERABILITY
8.1
Should any provision or this Bylaw be invalid, then such invalid provision shall be severed
and the remaining
Bylaw shall be maintained.
SECTION 9 - RESINDS
9.1
This Bylaw rescinds Bylaw No. 2012-781
That this Bylaw shall take effect on the date of the third and final reading.
Read a first time on this 1 6
day of
March,
2020.
Read a second
time on this 1 6 day of
March,
2020.
Read a third and final time and passed on this
20
day of
April,
2020.
Village of Carbon
ver
CA(5 '\/an6ssa Va.a der Meer
Schedule
'A'
Village
of Carbon
Bylaw
2020-835
Offence
Penalties
Offence
Description
Penalties
Non-supervision
or Tire
1 S' Offence
2 nd and Subsequent
Offence
$100.00
$250.00
Creating
a risk, nuisance
or
not extinguishing
fire
'l s' Offence
2nd and Subsequent
Offence
$100.00
$250.00
Open air fire
I s' Offence
2nd and Subsequent
Offence
$100.00
$250.00
Fire during a Fire Ban
1 s' Offence
2 nd and Subsequent
Offence
$200.00
$500.00
"All offence
penalties
may be charged
a Cost Recovery
charge
by the Carbon Fire Department
through
the Municipality
as per the following:
1, $250.00
per hour per unit dispatched; and
2. The cost of replacement
of equipment
and/or materials
used, lost or damaged
as a result of the response.