Fire Bylaw #25.24

Drumheller, Alberta

This is the exact embedded text of the captured official document. Snapshot a8a87d4d82c9 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

TOWN OF DRUMHELLER BYLAW NUMBER #25.24 DEPARTMENT: EMERGENCY AND PROTECTIVE SERVICES Fire Bylaw A BYLAW FOR ESTABLISHING FIRE SERVICES, RECOVERING FIRE PROTECTION CHARGES, AND PROVIDING A PERMITTING SYSTEM FOR FIRES AND FIREWORKS WHEREAS; the Municipal Government Act Municipal Government Act, R.S.A. 2000, c. M-26 hereinafter referred to as the MGA provides that a council may pass bylaws respecting: a) the safety, health and welfare of people and the protection of people and property; b) services provided by or on behalf of the municipality; and c) the enforcement of bylaws; AND WHEREAS; the MGA further provides that a municipality may pass bylaws to regulate, prohibit and impose a system of licenses, permits or approvals and may collect, pursuant to a bylaw, costs and expenses incurred by the municipality for extinguishing fires, and AND WHEREAS; the National Fire Code - Alberta Edition contemplates that municipalities will regulate the use, sale and storage of Fireworks within their jurisdiction, and AND WHEREAS; the Town of Drumheller wishes to provide for the prevention and control of fires within its boundaries; NOW THEREFORE, the Town of Drumheller of the Province of Alberta, duly assembled, enacts as follows: 1. SHORT NAME 1.1 This Bylaw may be cited as the "Fire Bylaw." 2. DEFINITIONS 2.1 For the purposes of this Bylaw, the following definitions shall apply: a) "Acceptable Fire Pit" means an outdoor receptacle that: i. is fully enclosed on all sides and constructed entirely from bricks, concrete blocks, heavy gauge metal, or other non-combustible materials acceptable to the Fire Chief; ii. height does not exceed 60 centimeters when measured from the surrounding grade to the top of the pit covering; iii. opening does not exceed one (1) metre in width or in diameter when measured between the widest points or outside edges; iv. is set upon or built into the bare ground or on a non-combustible material such as brick, stone or concrete; v. is not located over any underground utilities; Town of Drumheller Bylaw 25.24 Page 2 of 18 vi. is a minimum of one (1) metre laterally and five (5) metres vertically from any aboveground wires; vii. is a minimum of three (3) metres from any combustible structures, including fences or decks; and viii. as may otherwise be determined by the Fire Chief having regard to health, safety, hazards, and risks. b) "Acceptable Fireplace" means an outdoor receptacle which meets the following specifications: i. A minimum of one (1) metre clearance measured from the nearest fireplace edge is maintained from buildings; ii. The fireplace is constructed of materials such as bricks, rocks, or other materials which are heat and flame resistant; iii. The fireplace is equipped with a chimney which is not less than 2.5 metres in height when measured from the base of the fire burning area; iv. The fireplace chimney is equipped with a regulation screen designed to contain and reduce hazards of airborne sparks; v. The base of the fire burning area is not less than 0.30 metres above the surrounding grade; vi. The fire chamber does not exceed 1.25 metres in width, and is at least 0.40 metres but not more than 0.60 metres in depth; and vii. As may otherwise be determined by the Fire Chief having regard to health, safety, hazards and risk. c) "Apparatus" means any vehicle provided with machinery, devices, equipment, or materials for firefighting operated by or for Fire Services whether that vehicle operates on land, in the air, or on the water; d) "Burning Hazard" means an actual or potential occurrence of fire or other combustion of organic or inorganic material that could endanger human life or property or damage property; e) "Bylaw Enforcement Officer" means any regular member of the Royal Canadian Mounted Police, any Peace Officer or Municipal Enforcement Officer employed by the Town of Drumheller in accordance with the Municipal Government Act; f) "Chief Administrative Officer" or "CAO" means the individual appointed as Chief Administrative Officer of the Town by resolution of Council in accordance with Municipal Government Act, or their delegate; g) "Council" means the duly elected Council of the Town; h) "Director of Emergency and Protective Services" means Director of Emergency and Protective Services for the Town, or their delegate; Town of Drumheller Bylaw 25.24 Page 3 of 18 i) "Equipment" means any tools, contrivances, devices, or materials used by Fire Services to combat an incident or other emergency; j) "False Alarm" means any notification, by whatever means received, to Fire Services respecting the existence of a condition, circumstance, fire or other event containing an imminent danger to persons or property, wherein such condition, circumstance, fire or other event does not, in fact, exist; k) "Fire Advisory" means a cautionary notice issued pursuant to this Bylaw by the Town to alert the public that conditions are such that there is an elevated risk of wildfires; l) "Fire Ban" means an order issued pursuant to this Bylaw by the Town for the purpose of cancelling all fire permits, prohibiting the lighting of, and requiring the extinguishment of all fires within the Town; m) "Fire Chief" means the individual appointed as head of Fire Services, or their delegate; n) "Fire Hazard" means combustible material that, through its nature, location, condition or arrangement, or any combination of those factors, may be ignited and, if ignited, could create a burning hazard; o) "Fire Permit" means a permit issued by the Town authorizing the setting of a specific type of fire; p) "Fire Protection" includes any of the services in section 7 of this Bylaw and includes any other services delivered by or for Fire Services that is authorized by Council; q) "Fire Protection Charges" means all rates, fees, and charges payable for, or in connection with, Fire Services in providing fire protection within and outside the Town's boundaries as prescribed in Schedule "B"; r) "Fire Restriction" means an order issued pursuant to this Bylaw by the Town for the purpose of fire prevention and cessation of all fire permits and fireworks permits for the duration of the restriction; s) "Fire Services" means the Town's fire service and includes any fire department providing fire protection within the Town pursuant to a Fire Services agreement and shall include all members and Fire Services property; t) "Fire Services Property" means all real and personal property owned or controlled by Fire Services and designated for use by Fire Services including but not limited to apparatus, equipment, and fire stations; u) "Fireworks" means the pyrotechnics classified as fireworks pursuant to the Explosives Act and its Regulations, including consumer fireworks, display fireworks and special effect pyrotechnics, but does not include firecrackers or explosive devices; v) "Fireworks Bylaw" means Bylaw #09.21 - Fireworks Bylaw passed by the Town, as amended from time to time, and its successor legislation; w) "Fireworks Permit" means a permit issued by the Town pursuant to the Fireworks Bylaw; Town of Drumheller Bylaw 25.24 Page 4 of 18 x) "Incident" includes a fire or any situation where a fire or explosion is imminent or any other emergency where there is a danger or possible danger to life or property including, but not limited to, any motor vehicle collision, any outside fire, or any hazardous material event; y) "Member" means any person who is duly appointed as a member of Fire Services; z) "Member in Charge" means the Fire Chief, or in their absence, the highest-ranking member who first arrives at the scene of an incident; aa) "Municipal Government Act" or "MGA" means the Municipal Government Act, R.S.A. 2000 M-26, as amended from time to time, and its successor legislation; bb) "Municipal Tag" means a tag or similar document issued by the Town pursuant to the Municipal Government Act that alleges a bylaw offence and provides a person with the opportunity to pay an amount to the Town in lieu of prosecution of the offence; cc) "Occupant" means any person that is in possession, control or occupation of property including, but not limited to, the holder(s) of an easement or right-of-way; dd) "Owner" means any person listed on title as the registered owner of property at the Land Titles Office; ee) "Peace Officer" has the same meaning given to it in the Provincial Offences Procedure Act; ff) "Person" includes any individual, firm, partnership, or body corporate; gg) "Prohibited Debris" means any combustible waste that, when burned, may result in the release to the atmosphere of dense smoke, offensive odours or toxic substances, and includes but is not limited to: i. Treated or painted lumber; ii. Lumber products containing glue or resin; iii. Wet or unseasoned wood; iv. Leaves, brush or yard waste; v. Garbage; vi. Rubber, tires or plastic or other non-wooden material; vii. Any animal carcass, manure or part thereof; viii. Pathological waste; ix. Used oil; x. And any other combustible waste identified as prohibited debris in the Substance Release Regulation. hh) "Property" means any real or personal property; Town of Drumheller Bylaw 25.24 Page 5 of 18 ii) "Recreational Fire" means a fire confined within an acceptable fire pit or acceptable fireplace, which is lit for the purpose of cooking, obtaining warmth or viewing for pleasure and is fueled solely by dry wood, charcoal, natural gas, or propane; jj) ""Town of Drumheller" or "Town" means the Town of Drumheller, a municipal corporation in the Province of Alberta, and includes the area contained within the corporate boundaries of the Town of Drumheller, as the context may require; and kk) "Violation Ticket" has the same meaning given to it in the Provincial Offences Procedure Act. 3. RULES OF INTERPRETATION 3.1 The headings in this Bylaw are for guidance purposes and convenience only. 3.2 Every provision in this Bylaw is independent of all other provisions and if any provision of this Bylaw is declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable. 3.3 In this Bylaw, a citation of or reference to any act or regulation of the Province of Alberta or of Canada, or of any other bylaw of the Town, is a citation of or reference to that act, regulation, or bylaw as amended, whether amended before or after the commencement of the act, regulation or bylaw in which the citation or reference occurs. 3.4 Nothing in this Bylaw relieves a person from complying with any provision of any provincial or federal legislation or regulation, other bylaw or any requirement of any lawful permit, order or license. 4. FIRE SERVICES 4.1 Establishment and Purpose of Fire Services: a) Council establishes Fire Services in the Town for the purpose of: i. preventing and extinguishing fires; ii. investigating the origin, cause and circumstances of incidents; iii. providing fire inspection, pre-fire planning, and public education prevention services in accordance with the Safety Codes Act and the Quality Management Plan approved by Council and the Safety Codes Council; iv. preserving life and property and protecting persons and property from injury or destruction by fire; v. preventing, combating, responding to, and controlling incidents; vi. carrying out preventable controls; vii. providing rescue services; viii. conducting pre-fire planning and fire inspections; ix. fulfilling the requirements of any mutual aid agreements with other municipalities or entities; Town of Drumheller Bylaw 25.24 Page 6 of 18 x. providing public education and information regarding fire safety; and xi. providing any other emergency response as may be authorized by the Town's policy or applicable legislation. b) The Town may provide for the delivery of the services listed in section 7 by entering into Fire Services agreements and nothing in this Bylaw shall obligate the Town to hire or maintain its own fire department or members. 4.2 Authority and Responsibility of the Fire Chief: a) The Fire Chief shall be responsible to the Director of Emergency and Protective Services for the performance of their duties pursuant to this Bylaw and all applicable Town policies. b) Subject to approval by the Director of Emergency and Protective Services, the Fire Chief may prescribe rules, regulations, and policies for the ongoing organization, administration, and day-to-day operation of Fire Services, including but not limited to: i. the use, care, maintenance and protection of Fire Services property; ii. the appointment, recruitment, conduct, discipline, duties, training, and responsibilities of members; iii. the efficient operation of Fire Services; and iv. such other functions, powers, and responsibilities as the Director of Emergency and Protective Services may prescribe. 4.3 Authority and Responsibility of Members: a) Members are responsible to the Fire Chief for the performance of their duties pursuant to this Bylaw and applicable Town policies. 4.4 Authority and Responsibility of Member in Charge: a) The Member in Charge at an incident shall have control, direction, and management of all apparatus, equipment, and personnel assigned to that incident and shall continue to act as the member in charge until relieved by another member authorized to do so. b) The Member in Charge shall take action as deemed necessary for preserving life and property and protecting persons and property from injury or destruction by an incident and is authorized to: i. enter, pass through or over buildings, structures, or property whether adjacent or in proximity to an incident and to cause members or apparatus to enter or pass through or over the building, structure or property without permission; ii. establish boundaries or limits and keep persons from entering the area within the prescribed boundaries or limits unless authorized to enter by the member in charge; iii. request Peace Officers to enforce restrictions on persons entering within the boundaries or limits outlined in subsection 4.4(b); Town of Drumheller Bylaw 25.24 Page 7 of 18 iv. cause a building, structure, or thing to be pulled down, demolished, or otherwise removed; v. secure Town personnel, resources, and equipment which is considered necessary to deal with an incident; vi. secure or commandeer privately owned equipment which is considered necessary to deal with an incident and authorize payment for use of the equipment; vii. require any adult person who is not a member to assist in: 1. extinguishing a fire or preventing the spread thereof; 2. removing furniture, goods, and merchandise from any building or structure on fire or in danger, and in guarding and securing same; and 3. demolishing a building or structure at or near the fire or other Incident. 5. FIRES AND FIRE PERMITS 5.1 Permitted and Prohibited Fires: a) no person shall burn or cause to be burned any prohibited debris within the Town. b) no person shall light or cause to be lit, or otherwise allow or permit, any outdoor fire upon land they are the owner or occupant of, unless the person holds a valid and subsisting fire permit, or the fire is exempt from the requirement for a fire permit under this Bylaw. c) A fire permit is not required for a recreational fire provided that: i. the fire is kept under control and supervised at all times by a responsible adult until such time that the fire has been completely extinguished; ii. a means of extinguishing the fire is kept on hand at all times when the fire is burning; and iii. flame height does not exceed one (1) metre above the structure or container. d) This Bylaw does not apply to: i. an outdoor fire lit by fire services for training or preventive control purposes; ii. an outdoor fire that is a flare stack used in the petroleum industry; or iii. a fire confined to an incinerator regulated under the Environmental Protection and Enhancement Act. 5.2 Fire Permits: a) Fire permits are required throughout the entire year. b) An application for a fire permit shall be made on the form approved by the Chief Administrative Officer, as may be amended from time to time. Town of Drumheller Bylaw 25.24 Page 8 of 18 c) A fire permit shall only be valid for the time period expressly indicated on the fire permit, as determined by the Fire Chief issuing the permit at their sole discretion, having regard for the nature and purpose of the fire, and prevailing circumstances and environmental conditions. d) The Chief Administrative Officer, Fire Chief, the Director of Emergency and Protective Services, or a Peace Officer may, in their sole discretion, terminate, suspend or cancel a fire permit at any time upon receiving notification of termination, suspension or cancellation of the fire permit, the fire permit holder shall immediately extinguish any fire set pursuant to the fire permit. notification of cancellation may be made, in writing, electronically, or in person. e) A fire permit is not transferable. 5.3 Requirement to Report: a) The owner of any property damaged by fire shall immediately report the particulars of such fire to the Fire Chief. 6. PERMIT HOLDER RESPONSIBILITIES 6.1 Every person who sets a fire under authority of a fire permit shall: a) comply with any terms or conditions of the permit; b) keep the permit at the site of the fire; c) produce the permit to the Chief Administrative Officer, the Fire Chief, the Director of Emergency and Protective Services, a Member, or a Peace Officer, upon request; d) have a responsible adult person in attendance at the fire at all times under the conditions as listed in the fire permit; e) keep the fire under control; f) not allow smoke or sparks to drift or otherwise create a nuisance or hazard to neighboring property, persons, or roadways; g) completely extinguish the fire before expiration of the permit or upon cancellation of the permit; and h) be responsible for any costs incurred by the Fire Services when called upon to extinguish such fire if, in the opinion of the Fire Chief, as the case may be, the fire is a hazard to persons or property. 7. FIREWORKS 7.1 Refer to Town of Drumheller Bylaw #09.21, the Fireworks Bylaw, for all authorities and information concerning the lawful purchase and discharge of fireworks and the relation of this activity to the Fire Bylaw. 8. FIRE ADVISORY, RESTRICTION AND BAN 8.1 Notice of a fire advisory, fire restriction or fire ban shall be provided to the public. Notice may be in the form of signage, through a public service message on the local radio stations, or by Town of Drumheller Bylaw 25.24 Page 9 of 18 any other means which the Fire Chief determines is appropriate for the purpose of informing the public. 8.2 A fire advisory, fire restriction or fire ban may be established and declared for the entire Town or portions of the Town. 8.3 Fire Advisory: a) The Fire Chief may impose a fire advisory, which shall remain in force until either the date provided in the notice of the fire advisory or until such time as the Fire Chief provides notice to the public that the fire advisory is no longer in effect. b) Under a fire advisory, fire permits and fireworks permits may be suspended or restricted, and open burning is generally discouraged, but specific types of fires may still be permitted with caution. 8.4 Fire Restrictions: a) The Fire Chief may, from time to time, prohibit the issuance of any new fire permits or fireworks permits and suspend all active fire permits and fireworks permits when, in the opinion of the Fire Chief, the prevailing environmental conditions give rise to an increased risk of a fire running out of control. b) A fire restriction imposed pursuant to subsection 8.4(a) shall remain in force until either the date provided in the notice of the fire restriction or until such time as the Fire Chief provides notice to the public that the fire restriction is no longer in effect. c) When a fire restriction is in place, no fire permit or fireworks permits shall be issued. d) When a fire restriction is in place, no person shall: i. ignite any fire unless the fire is exempt from requiring a permit; or ii. sell, purchase, handle, discharge, fire, or set off fireworks within the Town. 8.5 Fire Ban: a) The Fire Chief may prohibit all fires in the Town when, in the opinion the Fire Chief, the prevailing environmental conditions give rise to an increased risk of a fire running out of control. b) Fire bans may be established and declared for the entire Town or portions of the Town. c) A fire ban imposed pursuant to subsection 8.5(a) shall remain in force until either the date provided in the notice of the fire ban or until such time as the Fire Chief provides notice to the public that the fire ban is no longer in effect. d) Subject to subsection 8.5(e), when a fire ban is in place, no person shall ignite any fire, whether or not the person is the holder of a fire permit and shall immediately extinguish any fire lit once the person knows or ought reasonably to know of the fire ban. e) During a fire ban a person may, subject to the requirements of this bylaw, and unless the notice of the fire ban provides otherwise, use a barbeque that burns propane, natural gas, compressed briquettes, wood pellets or charcoal, provided that the barbeque is used for the Town of Drumheller Bylaw 25.24 Page 10 of 18 purpose of cooking or obtaining warmth and is used on private property or in a public area that has been approved by the Town for the use of such barbecues. 9. RECOVERY OF COSTS 9.1 Fire Protection Charges: a) Upon Fire Services providing fire protection on a parcel of land within the Town's boundaries, the Town may, in its sole and absolute discretion, charge fire protection charges to any or all of the following persons, namely: i. the person or persons causing or contributing to the fire; ii. the occupant of the parcel of land on which fire protection was provided; iii. the owner of the parcel of land which fire protection was provided; iv. the person with control over the parcel of land on which fire protection was provided, which may include, without restriction, a property manager; and v. the person or persons who requested fire protection, and vi. all persons charged are jointly and severally liable for payment of the fire protection charges to the Town. b) Fire protection charges shall be paid within thirty days of receipt of an invoice. c) Collection of unpaid fire protection charges may be undertaken by civil action in a court of competent jurisdiction, and any civil action does not invalidate any lien which the Town is entitled to on the parcel of land in respect of which the indebtedness incurred. d) Without limiting subsection 9.1(a), the owner of a parcel of land within the Town to which fire protection is provided is liable for fire protection charges incurred and the Town may add to the tax roll of the parcel of land all unpaid fire protection charges, which forms a special lien against the parcel of land in favor of the Town from the date the amount was added to the tax roll, in accordance with the MGA. 9.2 A person who has damaged or destroyed any apparatus, equipment, or Fire Services property shall, in addition to any penalty imposed to in this Bylaw, be liable for, and pay upon demand, all costs incurred by the Town to repair or replace the apparatus, equipment, or Fire Services property in question. 9.3 Service Fees and Charges: a) The Town may establish and levy fees and charges for services, including but not limited to: i. fees for responding to an incident; ii. fire permit and fireworks permit application fees; iii. site inspection fees; iv. fire investigation fees; Town of Drumheller Bylaw 25.24 Page 11 of 18 v. fees for responding to a false alarm; and vi. fees for file searches and copying records. b) The fees and charges for services are established in the attached Schedule "B" of this Bylaw and are subject to the applicable taxes, where appropriate. c) The fees and charges described in this section shall be a debt due and owing to the Town and collection of unpaid fees and charges may be undertaken by civil action in a court of competent jurisdiction. 10. ENFORCEMENT 10.1 Inspection and Enforcement: a) Where a parcel of land does not comply with this Bylaw or a person contravenes this Bylaw, the Town may pursue enforcement in accordance with this Bylaw, any enactment or any common law right, including issuing an order to remedy contraventions or dangers, remedying contraventions or dangers by the Town, adding amounts to the tax roll of the Owner of the parcel, and pursuing injunctions pursuant to the MGA. b) The Chief Administrative Officer is authorized to carry out inspections of land and structures, issue orders, remedy conditions and contraventions, and enforce this Bylaw in accordance with the MGA. 10.2 Offences: a) No person shall: i. contravene any provision of this Bylaw; ii. contravene any term or condition of a permit issued pursuant to this Bylaw; iii. cause or permit a burning hazard or fire hazard to exist on a parcel of land; iv. deposit, discard, or abandon any burning matter or substance so as to create a burning hazard; v. light a fire or cause a fire to be lit during a fire ban; vi. light a fire or allow a fire to be lit unless they are a holder of a valid fire permit if required under this Bylaw; vii. provide false, incomplete, or misleading information to the Chief Administrative Officer, Fire Chief, the Director of Emergency and Protective Services, or a Peace Officer with respect to a fire or a permit application; viii. light a fire on any land not the person's own without the written consent of the owner of the land; ix. permit a fire lit by that person to pass from their own land to the land of another person; x. light a fire without first taking sufficient precautions to ensure that the fire can be kept under control at all times; Town of Drumheller Bylaw 25.24 Page 12 of 18 xi. conduct any activity that might reasonably be expected to cause a fire unless that person exercises reasonable care to prevent a fire from occurring; xii. conduct any activity that involves the use of a fire, where smoke produced by the fire may impede visibility of vehicular or pedestrian traffic on any road or highway; or xiii. light a fire on lands owned or controlled by the Town except with the Town's express written consent. b) Vicarious Liability: i. For the purposes of this Bylaw, an act or omission by an employee or agent of a person is deemed also to be an act or omission of the person if the act or omission occurred in the course of the employee's employment with the person, or in the course of the agent's exercising the powers or performing the duties on behalf of the person under their agency relationship. c) Corporations and Partnerships: i. When a corporation commits an offence under this Bylaw, every principal, director, manager, employee, or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the corporation has been prosecuted for the offence. ii. If a partner in a partnership is guilty of an offence under this Bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence. d) Fines and Penalties: i. A person who is guilty of an offence is liable upon summary conviction to a fine in an amount: 1. not less than the specified penalty established in Schedule "A"; and 2. in the case of all other offences, not exceeding $10,000.00. e) Without restricting the generality of subsection 10.2(d) the fine amounts set out in Schedule "A" are established as specified penalties for use on municipal tags and violation tickets, if a voluntary payment option is offered. f) Notwithstanding subsection 10.2(d), any person who commits a second or subsequent offence under this Bylaw within one year of a first offence, is liable on summary conviction to a fine not less than the increased amount set out for the offence in Schedule "A" to this Bylaw. 10.3 Municipal Tag: a) A Peace Officer is authorized and empowered to issue a municipal tag to any person whom the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. Town of Drumheller Bylaw 25.24 Page 13 of 18 b) A Municipal Tag may be issued: i. personally; or ii. by mailing a copy, via registered mail, to such person at their last known postal address. c) The municipal tag shall be in a form approved by the Chief Administrative Officer and shall state: i. the name of the person to whom the municipal tag is issued; ii. particulars of the contravention under this Bylaw; iii. the specified penalty for the offence as set out in Schedule "A"; iv. that the specified penalty shall be paid within twenty-one days of the issuance of the municipal tag in order to avoid prosecution; and v. any other information as may be required by the Chief Administrative Officer. d) Where a municipal tag has been issued under this Bylaw, the person to whom the municipal tag has been issued may, in lieu of being prosecuted for the offence, pay to the Town the penalty specified on the municipal tag. 10.4 Violation Ticket: a) Where a municipal tag has been issued and the specified penalty has not been paid within the prescribed time, the Peace Officer is authorized to issue a violation ticket pursuant to the Provincial Offences Procedure Act. b) Notwithstanding subsection 10.4(a), a Peace Officer is hereby authorized and empowered to issue a violation ticket pursuant to the Provincial Offences Procedure Act. c) If a violation ticket is issued in respect of an offence, the violation ticket may: i. state the specified penalty for the offence as set out in Schedule "A"; or ii. require a person to appear in Provincial Court without the alternative of making a voluntary payment. d) A person who commits an offence may: i. if a violation ticket is issued in respect of the offence; and ii. if the violation ticket states the specified penalty established by this Bylaw for the offence, as set out in Schedule "A."; make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before the initial appearance date indicated on the violation ticket, the specified penalty set out on the violation ticket. 10.5 When a Clerk of the Provincial Court records the receipt of a voluntary payment pursuant to subsection 10.4(d) above and the Provincial Offences Procedure Act, the act of recording constitutes acceptance of the guilty plea and also constitutes a conviction and the imposition of a fine in the amount of the specified penalty. Town of Drumheller Bylaw 25.24 Page 14 of 18 11. TRANSITION 11.1 If any portion of this Bylaw Is found to be invalid, that portion shall be severed from the remainder of the Bylaw and shall not invalidate the whole Bylaw. 11.2 This Bylaw shall come into force and effect when it receives third reading and is duly signed. 11.3 This Bylaw repeals Bylaw #04-07 - Establish and Operate a Fire Department. READ A FIRST TIME THIS 18TH DAY OF NOVEMBER, 2024 READ A SECOND TIME THIS 18TH DAY OF NOVEMBER, 2024 READ A THIRD AND FINAL TIME THIS 2ND DAY OF DECEMBER, 2024 The original document, duly signed and executed, is retained on file. Town of Drumheller Bylaw 25.24 Page 15 of 18 Schedule "A" - Specified Penalties Bylaw Section Number Offence Municipal Tag Violation Ticket Second and Subsequent Offence 5.1(a) Burning Prohibited Debris $250.00 $500.00 $1000.00 5.1(b) Fire without a Fire Permit $250.00 $500.00 $1000.00 7.1 Sell, Purchase, Possess, Handle, Discharge, Fire or Set Off Fireworks without a Permit $250.00 $500.00 $1000.00 5.3(a) Failure to report fire $250.00 $500.00 $1000.00 10.2(a)(ii) Contravene any term or condition of a permit $250.00 $500.00 $1000.00 10.2(a)(iii) Cause or permit a Burning Hazard or Fire hazard to exist on a parcel of land $500.00 $1000.00 $2500.00 10.2(a)(iv) Deposit, discard or abandon any burning matter or substance so as to create a Burning Hazard $500.00 $1000.00 $2500.00 10.2(a)(v) Light a fire or cause a fire to be lit during a Fire Ban $500.00 $1000.00 $2500.00 Town of Drumheller Bylaw 25.24 Page 16 of 18 Bylaw Section Number Offence Municipal Tag Violation Ticket Second and Subsequent Offence 10.2(a)(vi) Light a fire or cause a fire to be lit without a Fire Permit $250.00 $500.00 $1000.00 10.2(a)(vii) Provide false or misleading information $250.00 $500.00 $1000.00 10.2(a)(viii) Light a fire on land without written permission of Owner $250.00 $1000.00 $2500.00 10.2(a)(ix) Permit a fire to pass to another Person's land $250.00 $1000.00 $2500.00 10.2(a)(x) Light a fire without sufficient precautions $250.00 $1000.00 $2500.00 10.2(a)(xi) Conduct any activity that might reasonably be expected to cause a fire without exercising reasonable care $250.00 $500.00 $1000.00 Town of Drumheller Bylaw 25.24 Page 17 of 18 Bylaw Section Number Offence Municipal Tag Violation Ticket Second and Subsequent Offence 10.2(a)(xii) Conduct any activity that involves the use of a fire, where smoke produced by the fire may impede visibility of vehicular and pedestrian traffic on any road or highway $250.00 $1000.00 $2500.00 10.2(a)(xiii) Light a fire on lands owned or controlled by the Town except with the Town's express written consent $500.00 $1000.00 $2500.00 Town of Drumheller Bylaw 25.24 Page 18 of 18 Schedule "B" - Fire Protection Charges and Service Fees Items Rates Fire Department Response Rates Engine All Types $720.00 / Hour Rescue $720.00 / Hour Ladder/Aerial Apparatus $1200.00 / Hour Tender $720.00 / Hour Command Vehicle $210.00 / Hour ATV UTV $75.00 / Hour Boat $200.00 / Hour False Alarms First Second Third or Subsequent Residential $0.00 $250.00 $500.00 Commercial/Industrial $0.00 $500.00 $1000.00 Fire Permits Fire Permit $50.00 Fire Investigations Fire Investigation & Report $300.00 / Hour Fire Inspections First Second Third or Subsequent Request Inspection $150.00 $150.00 $500.00 Complaint Inspection $150.00 $150.00 $500.00 Occupancy Load Certificate $ 150.00 Miscellaneous Rates and Fees Fire Stand-by Equipment Costs as noted Above Fire Stand-by Personnel Per Firefighter $60.00 / Hour Fire Department Lock Box TBD Security Fencing Installation / Removal $500.00 Incident Response on Provincial Highways As per the current rate established by Alberta Transportation Incident Response Outside Jurisdiction As per the Fire Department Response Rates established by Schedule "B" of this Bylaw or per signed agreement with the jurisdiction. *All Hourly Rates Minimum of One Hour, With Billing Afterward in 15-Minute Increments* The Fire Protection Charges and Services Fees are subject to GST where applicable.