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BYLAW # 411
A BYLAW OF THE VILLAGE OF MYRNAM, IN THE PROVINCE OF
ALBERTA, CANADA, TO REGULATE BURNING WITHIN THE
CORPORATE LIMITS OF THE VILLAGE.
WHEREAS, the Council of the Village of Myrnam deems it necessary to
control burning for the safety and protection of people and property.
NOW THEREFORE, by the virtue of the power conferred upon it by the
Municipal Government Act, the Council for the Village of Myrnam enacts as
follows:
1. INTERPRETATION
1.1
In this Bylaw
a. Animal Organic Waste means solid organic waste material of
animal origin and includes flesh, carcasses, offal, hides, feces and
feathers;
b. Construction Waste means waste materials resulting from the
construction, alteration, renovation, or demolition of any building,
structure or improvement to land and without limiting the generality
of the foregoing includes paper, plastic, drywall and wood materials
such as dimensional lumber, plywood and particle board;
c. Council means the Municipal Council of the Village of Myrnam;
d. Domestic Waste Materials means household material and food
waste but does not include newspaper and cardboard;
e. Garden Refuse means leaves, foliage, pruning, weeds, or crops for
domestic purposes;
f. Garbage means all household and commercial waste or refuse,
whether it contains the remains of edible food or not;
g. Inspector means the bylaw enforcement officer, a person under
his/her authority, the Fire Chief or any designated member of the
Myrnam Fire Department;
h. Noxious Materials includes tires, plastic materials, rubber products,
domestic waste materials, garbage, drywall, demolition waste,
construction waste, paint, special waste, animal organic waste,
vegetable waste, food waste, biomedical waste, tar, asphalt
products, battery boxes, waste petroleum products;
i.
Nuisance means the emission into the atmosphere of smoke by any
means which disturbs the comfort or convenience of persons in the
vicinity;
j.
Open Burning means the combustion of material without control of
the combustion air and without a stack or chimney to vent the
emitted products of combustion to the atmosphere but shall not
include:
a) The operation of a permanent outdoor barbeque or outdoor
portable barbeque intended for and used solely for the
preparation of food;
b) Fires used by the fire department authorities for the purposes of
education, training and other fire department purposes;
k. Order means any order, decision, requirement or direction given by
the Inspector, the Fire Chief or his/her designate;
l.
Permitted burning materials means dry, untreated wood that do not
constitute compostible materials;
m. Smoke means the gases, particulate matter and products of
combustion emitted into the atmosphere from burning; and
n. Ventilation Index means the Environment Canada forecast
Ventilation Index which provides regional information on airflow
venting.
2. OPEN BURNING
2.1
All open burning must not be initiated unless the Ventilation Index is
forecast as "good" for the period during which the burning is to take
place.
2.2
Open burning is permitted only on the condition that:
a) The fire on a person's property must not be more than 1 meter
across and not exceed 1 meter in height and must be at least 7.5
meters from all buildings and combustible materials and 1.5 meters
from any grass or shrubs;
b) For the purpose of preventing danger, damage and injury to
property and/or a person because of the fire, the fire must be
continually supervised and controlled by a person who is at least 16
years old;
c) The person supervising the fire has emergency equipment and
adequate supply of water that is readily available and is sufficient to
completely extinguish the fire in five minutes at any stage for the
purposes in paragraph (b);
d) The person supervising the fire is taking every reasonable
precaution to prevent smoke being generated or becoming a
nuisance;
e) The location of the fire is within forty (40) meters of a point
accessible to Fire Department vehicles;
f) Every person who starts or maintains or permits or supervises a fire
shall ensure that the fire is completely extinguished and that any
residue from the fire is broken up and disposed of in a manner that
eliminates any fire hazard.
2.3
Burning by use of an incinerator, burning barrel or similar device is
prohibited.
2.4
Any burning must be contained as follows:
a) Except for a parcel of land containing a lawful campground use,
only one fire is permitted on a parcel of land unless otherwise
approved;
b) A fire is to be confined to within a fire pit or suitable burning
container;
c) Only dry, untreated wood shall be burned.
2.5
Burning of prohibited waste is not allowed at any time.
3.
PROHIBITED WASTE
3.1
No person shall dispose of animal organic waste, construction waste,
domestic waste materials, garbage or noxious material by open burning.
4.
INSPECTION AND ORDERS
4.1
The Inspector or any person under his/her authority may:
a) Enter at all reasonable times on any property that is subject to the
requirements or regulations of this Bylaw, to ascertain whether the
regulations in this Bylaw or directions made under this Bylaw are
being observed;
b) Make orders directing the owners or occupiers of property to bring
a fire into compliance with this Bylaw;
c) Call on the Ministry of Water, Land and Air Protection's
Conservation Officers if a person is burning waste in contravention
of the Environmental Protection and Enhancement Act; and,
d) Order any person to extinguish a fire that person has ignited or is
maintaining.
4.2
No person shall obstruct or prevent the Inspector or person acting under
this Inspector's authority from conducting an inspection under this
Bylaw.
5.
COST RECOVERY
5.1
Every person of a dwelling who starts or allows to be started any
outdoor fire is responsible for such fire. If, in the opinion of the
Inspector, the fire presents a hazard, has escaped or threatens to escape
from the owner's control or is prohibited under the terms of this Bylaw,
the Fire Department may be summoned to control or extinguish the fire.
The owner shall be liable for all costs and expenses incurred by the Fire
Department or the Village to control or extinguish the fire in addition to
a $100 fine.
5.2
The costs and expenses incurred by the Fire Department to extinguish
or control a fire, including any fines, may be recovered from the owner
together with any administration costs in like manner as municipal
taxes.
6.
LIABILITIES FOR DAMAGES
6.1
This Bylaw shall not be constructed to hold the Village of Myrnam nor
its authorized agent or agents responsible for any damage to persons or
property by reason of:
a) Inspections authorized by this Bylaw, or
b) Failure to carry out an inspection.
7.
SCOPE AND PENALTIES
7.1
In the event of there being any conflict between the terms and
provisions of this Bylaw and the terms and provisions of the Safety
Codes Act or the Environmental Protection and Enhancement Act and
regulations hereunder or other provincial acts or regulations, the terms
and provisions of the said acts and regulations shall prevail.
7.2
Any person guilty of an offence under this Bylaw shall be punishable in
accordance with the Provincial Offences Procedure Act.
7.3
Each day a violation is caused or allowed to continue constitutes a
separate offence.
8.
EXEMPTIONS
The following are exempted to burn under the provisions of this Bylaw:
a) Employees of the Village of Myrnam who, during the course of
his/her employment, burns garden refuse or debris on Village
property; and,
b) Firefighters who light fires for the purpose of training.
9.
DATE OF COMMENCEMENT
This Bylaw is in force from the day following the date of its adoption.
10.
TITLE
This Bylaw shall be cited as the Burning Bylaw No. 411.
Moved that By-Law #411 be given first, second, and by unanimous
consent of Council, third and final reading and that it be declared finally
passed and the Mayor and the Administrator be instructed to sign and
affix the Corporate Seal of the Village of Myrnam this 20th day of April,
A.D., 2005.
_______________________________
Mayor
_______________________________
Administrator