Clinton, British Columbia
· No. 431
· adopted 2006-04-26
· summary & facts
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THE CORPORATION OF THE VILLAGE OF CLINTON
BYLAW NO. 431, 2006
A Bylaw to Regulate Burning Within The Village of Clinton
WHEREAS Council may, by Bylaw require the owners of real property or their agents to
eliminate or reduce fouling or contamination of the atmosphere, through the emission of smoke,
dust, gas, sparks, ash, soot, cinders and fumes; and
WHEREAS under Section 48 of the Fire Services Act and the regulations made under it,
Council is required to enforce local regulations for the protection of persons and property from
fire; and
WHEREAS Council deems it advisable in the interest of protection to persons and property to
regulate the use of outdoor fires; and
WHEREAS the requirements as hereinafter described may provide to the taxpayer a reduction
in the operational costs of the Clinton Fire/Rescue;
NOW THEREFORE, the Council of the Corporation of the Village of Clinton, in open meeting
assembled, ENACTS AS FOLLOWS:
1.00 REGULATIONS
1.1 No person shall operate, install or construct any incinerator or burning barrel for the
disposal of:
a) household waste, refuse, rubbish, or garbage;
b) industrial or commercial waste and refuse except with a permit from The Ministry of
Environment;
c) or any combination thereof within the Village boundaries.
1.2. No person shall ignite or cause to be ignited any:
a) household waste, refuse, rubbish, garbage;
b) materials prohibited by the Environmental Management Act includes tires, plastics
drywall, demolition waste, paint, hazardous waste, tar paper, treated lumber, railway
ties, manure, rubber, asphalt, asphalt products, fuel and lubricant containers and
biomedical waste;
c) industrial or commercial waste and refuse except with a permit from The Ministry of
Environment;
d) or any combination thereof within the Village boundaries.
1.3 All burning is prohibited within village boundaries except as allowed by the exceptions
stated within this bylaw.
1.4 All burning shall be suspended for the duration of any "FIRE BAN ORDER" issued by
the Ministry of Forests in any region inclusive of the Village of Clinton area.
2.0 EXCEPTIONS
2.1 Burning will be allowed from September 15 to May 15 each year providing a burning
permit is obtained from the Village Office. This does not apply to campfires located on
privately owned and supervised commercial campgrounds or picnic sites with developed
fire pits.
2.2 Small fires for backyard burning must not exceed 2 metres in height and 3 metres in
diameter and must be hand piled. All open fires of this nature must be extinguished
before the fire is left unattended.
THE CORPORATION OF THE VILLAGE OF CLINTON
BYLAW NO. 431, 2006
A Bylaw to Regulate Burning Within The Village of Clinton
2.3 The burning of dry garden refuse is permitted, during the days specified in Section 2.1
provided that such refuse is plant matter only, and provided that:
a) any such fire once ignited is not unattended at any time, and
b) there is sufficient quantity of fire extinguishing materiels as required by any
reasonable person at the site of the fire, and
c) all flammable materials have been removed from a five-foot strip surrounding the
fire.
2.4 The owner or occupier of land of more than .8 hectares (2 acres) is permitted to burn
industrial waste provided that:
a) the industrial waste is plant matter or other fuels permitted by the Ministry of
Environment, and
b) _ the burning takes place on the said land area, and
¢) suitable precautions are in place to extinguish the fire and prevent spreading within
five (5) minutes, and
d) the owner-occupier has obtained a permit from the Ministry of Environment.
€) exceptions can be made for the burning of Industrial Waste on parcels of land less
than .8 hectares (2 acres) under certain circumstances.
2.5 All burning permits issued must be faxed to the Fire Hall at 459-2413 (see Schedule "A"
attached).
3.0 ENFORCEMENT
3.1. This bylaw is enforceable by a person designated by Council to do so.
3.2 Every person who violates any of the provisions of this bylaw, or who suffers or permits
any act or thing to be done in contravention or in violation of any of the provisions of this
bylaw or neglects anything required to be done by any of the provisions of this bylaw,
commits an offence and is liable on conviction to a fine of not less than ($500.00) nor
more than the maximum penalty provided under the Offence Act.
4.0 TITLE
4.1 This bylaw may be cited for all purposes as "Burning Bylaw #431, 2006".
READ A FIRST TIME this 22™ day of March 2006
READ A SECOND TIME this 22™ day of March 2006
READ A THIRD TIME this 12" day of April 2006
RECONSIDERED AND ADOPTED this 26" day of April 2006
Loc on ~
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Viayor Administrator
THE CORPORATION OF THE VILLAGE OF CLINTON
BYLAW NO. 431, 2006
A Bylaw to Regulate Burning Within The Village of Clinton
(SCHEDULE A)
BURNING PERMIT
Permission is hereby granted to , of (Civic Address)
, to burn on (Legal Description)
Village of Clinton, during the period of »2 , to
,2 , (maximum 1 month) subject to the following conditions:
1. No fires are to be started during winds exceeding ten (10) kilometres per hour.
2. The Permittee shall be liable for all damages caused by any fire set under this permit.
3. Sufficient water and fire fighting equipment must be available depending on size.
4. In addition to his own services, the permittee shall employ sufficient personnel to
safeguard any fire set under this permit and should the Clinton Fire Department be
required, the permittee shall be liable for the total cost of the fire call.
5. All fires must be extinguished by the expiry date of this permit.
6. All other conditions are met according to the Burning Bylaw #431, 2006
7. No person shall operate an incinerator or burning barrel for the disposal of household
waste, refuse, rubbish or garbage.
8. All fires are to be supervised and controlled at all times and are the full responsibility of
the permittee.
9. Burning is permitted between the hours of to .
10. Addition of fuel to a large fire (trees, brush etc.) is not permitted after 6:00 p.m. in order
for the fire to subside for the night.
Other Conditions:
This permit is subject to cancellation at any time by the Village Administrator or Fire Chief.
Agreed to the day of »2 .
The Corporation of the Village of Clinton
Permittee
Address Chief/Deputy Chief Administrative Officer
Telephone