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BYLAW NO. 1060
OF STARLAND COUNTY
IN THE PROVINCE OF ALBERTA, CANADA
A Bylaw of Starland County, in the
Province of Alberta, Canada, for the
purpose of providing for restrictions on
burning barrels within the Hamlet
Boundaries.
WHEREAS, the Council of Starland County has passed a Fire Bylaw to regulate
and control burning, and to establish a system of permits for controlled burns
within the County;
AND WHEREAS, the Council feels that the issuance of permits within the Hamlet
Boundaries should be restricted to alleviate nuisance and increase the safety of
these communities;
NOW THEREFORE, the Council of Starland County, duly assembled, enacts as
follows:
SECTION 1.
SHORT TITLE
1.1
This Bylaw may be cited as the "Hamlet Burning Bylaw."
SECTION 2.
DEFINITIONS
2.1
In this Bylaw:
(a)
"Burning Barrels" are defined as a non-combustible single confined
structure used to control burnable materials from the spread of fire and
ashes.
(b)
"Burnable Debris" means all flammable waste other than prohibited debris
and includes the following:
i)
straw and stubble;
ii)
grass and weeds;
iii)
leaves and tree pruning;
iv)
brush and fallen trees on newly cleared land or associated with
logging operations;
v)
used power, telegraph or telephone poles that do not contain wood
preservatives;
vi)
wooden materials, which does not contain wood preservatives;
vii)
wood
construction
debris,
which
does
not
contain
wood
preservatives;
viii)
solid waste from sawmills, lumber yards or planing mills;
ix)
solid waste from post and pole operations that does not contain
wood preservatives;
x)
solid wastes from tree harvesting operations.
(c)
"Prohibited Debris" means any flammable waste that, when burned, may
result in the release to the atmosphere of dense smoke, offensive odors or
toxic substances and includes but is not limited to:
i)
ii)
iii)
iv)
v)
vi)
vii)
animal cadavers;
animal manure;
pathological waste;
non-wooden waste materials;
waste materials from building or construction sites, excluding
wooden materials that do not contain wood preservatives;
combustible material in automobile bodies;
tires;
:/)
viii)
rubber or plastic, or anything containing or coated with rubber,
plastic or similar substances;
ix)
used oil;
x)
wood or wood products containing substances for the purpose of
preserving wood.
( d)
All other definitions as outlined in the "Fire Bylaw" of Starland County apply
to this Bylaw.
SECTION 3
GENERAL CONDITIONS
3.1
The use of burning barrels and or incinerators within the boundaries of the
Hamlets of Craigmyle, Michichi, Rumsey and Rowley are strictly limited to
those materials that are defined as burnable debris.
3.2
All fires excluding those used for cooking or for warming purposes shall
require a Fire Permit in accordance with the Starland County "Fire Bylaw."
3.3
All burning barrels used for cooking, permitted burning or for warming
purposes shall be properly designed and located where there is no means
of spreading and affecting adjacent property. The burning barrels must:
i)
be made of a material that itself will not burn;
ii)
must have a suitable cover that will prevent burning embers from
escaping;
iii)
must be located such that the barrel is a minimum of 4' (1.22m)
from any grass or other combustible material;
3.4
All permitted fires of burnable debris must be supervised at all times.
3.5
All other conditions as identified in the Starland County "Fire Bylaw" also
apply to permitted fires in burning barrels.
SECTION 4
PENALTIES
4.1
Any person who:
i)
violates any provision of this Bylaw
ii)
suffers or permits any act or thing to be done in contravention of or
in violation of any provision of this Bylaw;
iii)
neglects to do or refrains from doing anything required to be done
by the provisions of this Bylaw;
iv)
does any act or thing or omits any act or thing, thus violating any
provision of this Bylaw:
is guilty of an offence under this Bylaw, and upon a conviction, is liable to a
fine of not less than $200.00 and not more than $5,000.00.
4.2
No person found guilty of an offence pursuant to this Bylaw shall be liable
to imprisonment.
SECTION 5
MISCELLANEOUS
5.1
This Bylaw shall come into effect on the final passing thereof.
5.2
Should any section or part of this Bylaw be found to be improperly enacted
or ultra vires, for any reason, then such section or part shall be regarded as
being severable from the Bylaw and the Bylaw remaining after such
severance shall be effective and enforceable.
SECTION 6
VIOLATION TAGS
6.1
A Bylaw Enforcement Officer is hereby authorized and empowered to issue
a Violation Tag to any person who the Bylaw Enforcement Officer has
reasonable and probable grounds to believe has contravened any provision
of this Bylaw.
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6.2
A Violation Tag shall be in a form approved by the Municipality or the
responsible Officer of the Municipality and shall state:
i)
the name of the person;
ii)
the offence;
iii)
the appropriate penalty for the offence as specified in this Bylaw;
iv)
that the penalty shall be paid within thirty (30) days of the issuance
of the Violation Tag;
v)
any other information as may be required by the Municipality.
6.3
Where an offence of this Bylaw continues for more than one day, a Bylaw
Enforcement Officer may issue one Violation Tag for each day that the
offence continues.
6.4
Where a Violation Tag is issued pursuant to this Bylaw, the person to
whom the Violation Tag is issued may, in lieu of being prosecuted for the
offence, pay to the Municipality's Treasurer the penalty specified in the
Violation Tag.
6.5
Nothing in this Bylaw shall prevent a Bylaw Enforcement Officer from
immediately issuing a Violation Ticket for the mandatory Court appearance
of any person who contravenes any provision of this Bylaw.
SECTION 7
VIOLATION TICKETS
7.1
If the penalty specified in a Violation Tag is not paid within the prescribed
time period, then a Bylaw Enforcement Officer may issue a Violation Ticket
pursuant to Part II of the Provincial Offences Procedure Act.
SECTION 8
EFFECTIVE DATE
8.1
This Bylaw shall come into force and effect on the final date of passing
thereof.
First reading on motion of Councillor Grenville done in Council this 23
rd day of
April, 2002.
Second reading on motion of Deputy Reeve McLeod, done in Council this 23
rd day
of April, 2002.
Third and final reading on motion of Reeve Thompson, done in Council this 23
rd
day of April, 2002.:
Done and Passed in Council this 23
rd day of April 2002.
STARLAND COUNTY
REEVE
MUNICIPAL ADMINISTRATOR