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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
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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;
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Bylaw 25.24
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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
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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
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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
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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);
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Bylaw 25.24
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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.
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Bylaw 25.24
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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
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Bylaw 25.24
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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
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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
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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.
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Bylaw 25.24
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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.
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Bylaw 25.24
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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.