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CITY OF PARKSVILLE
CONSOLIDATED BYLAW NO. 1428
Consolidated for convenience only to include Bylaw No. 1428.1, 1428.2, 1428.3 and 1428.4
OUTDOOR BURNING BYLAW
A BYLAW TO REGULATE OUTDOOR BURNING
WHEREAS the Municipal Council deems it desirable and necessary to regulate outdoor burning;
NOW THEREFORE the Council of the City of Parksville, in open meeting assembled hereby enacts as
follows:
Interpretation
1.
In this bylaw:
"Animal Organic Waste" means solid organic waste material of animal origin and includes flesh,
carcasses, offal, hides, feces and feathers;
Bylaw 1428.3 adopted August 17, 2015, deleted the definition "Agricultural Clearing Waste Fire" in
its entirety and replaced it with the following:
"Agricultural Clearing Waste" means waste originating and resulting from agricultural activities
or from brush clearing, tree clearing or stump removal to facilitate agricultural use of the land
zoned for such use.
Bylaw 1428.4 adopted April 18, 2016, deleted the definition "Beach Fire" in its entirety:
"Beach Fire" means a fire lit for the purpose of warmth, cooking, or ceremonial purposes in a
non-combustible environment below the high tide line.
"Campfire" means a fire lit in a permanent approved campsite fireplace located in a provincial
park or a privately owned and supervised commercial campground or resort.
Bylaw 1428.3 adopted August 17, 2015, deleted the definition "Clearing Waste" in its entirety and
replaced it with "General Clearing Waste"
"Clearing Waste" means waste originating from brush clearing, tree clearing or stump removal,
to facilitate use of the land.
"Debris" means disturbed or undisturbed vegetative matter.
"Demolition Waste" means any material resulting from or produced by the complete or partial
destruction or tearing down of any structure;
"Domestic Waste Materials" means household material and food waste, including paper
products.
CONSOLIDATED
ONLY FOR
CONVENIENCE
Bylaw No. 1428 - Consolidated - Page 2
"Garbage" means all household and commercial waste or refuse whether it contains edible
material or not.
"Garden Refuse" means any non-toxic garden or vegetative materials including, but not limited
to, grass clippings, foliage, leaves, pruning, weeds, crops or stubble for agricultural, domestic or
commercial purposes.
Bylaw 1428.3 adopted August 17, 2015, deleted the definition "Clearing Waste" in its entirety and
replaced it with the following:
"General Clearing Waste" means waste originating from brush clearing, tree clearing or stump
removal, to facilitate use of the land.
"Incinerator" means a combustion device specifically designed for controlled high temperature
burning of materials and equipped with a stack or chimney for discharge of smoke and
contaminants into the air.
"Noxious Material" includes tires, oil, tar, asphalt, shingles, batteries, household garbage,
plastic and any other substance which produces heavy black smoke, noxious odors or toxic
residue when burned.
"Officer" means the Fire Chief or the Deputy Fire Chief, or their designate(s), duly appointed
from time to time to lawfully act in that capacity and includes the Bylaw Compliance Officer.
"Open Burning" means the combustion of material without control of the combustion air and
without a stack or chimney to vent the emitted products into the atmosphere.
"Outdoor Fire" means every fire that burns in the open air whether it is contained within a non-
combustible device or not.
"Outdoor Fireplace" means every fire that burns in the open air and is contained in a non-
combustible device, covered by a grate and protected by a screen and includes outdoor hearths
and outdoor fire rings.
General Prohibition
2.
All Open Burning and Outdoor Fires are prohibited at all times, within the boundaries of the
City of Parksville.
Bylaw 1428.3 adopted August 17, 2015, deleted Section 3 in its entirety and substituted the
following:
3.
No person shall burn agricultural clearing waste, animal organic waste, debris, demolition
waste, domestic waste materials, garbage, garden refuse, general clearing waste and/or
noxious materials in an open fire, incinerator or in any other similar device.
Bylaw No. 1428 - Consolidated - Page 3
Exemptions
4.
The following are excluded from the regulations, provisions and penalties provided for under
this bylaw:
Bylaw No. 1428.2 adopted August 16, 2010, replaced subsections (a) and (b) to change from one
square metre to 0.5 square metres.
a)
charcoal, wood, propane or natural gas fires contained within a barbecue, hibachi or fire
pits having a surface area not greater than 0.5 square metres and covered by a grate, for
the purpose of cooking food;
b)
charcoal, wood, propane, or natural gas fires contained within an Outdoor Fireplace
having a maximum diameter of 0.5 metres, a maximum width of 0.5 metres, a maximum
depth of 0.5 metres and a maximum height, including chimney, of 1.8 metres;
Bylaw 1428.4 adopted April 18, 2016, Section 4 c) in its entirety and renumbering the subsections in
Section 4 accordingly.
c)
Beach Fires;
c)
Campfires;
d)
fires started and maintained by the Parksville Volunteer Fire Department for training,
education or other fire department purposes;
e)
fires used or recommended by authorities having jurisdiction to manage ecosystems for
purposes of silviculture, forest fuel management, fire hazard reduction, wildlife
enhancement and the use of fire as a means of fire control;
Bylaw 1428.3 adopted August 17, 2015, deleted subsection "g" in Schedule 4 in its entirety.
Bylaw No. 1428.1 adopted July 21, 2008, added subsection "g)"
g)
Agricultural Clearing Waste Fire subject to the conditions in Sections 4.1 and 4.2 of this
bylaw.
Bylaw 1428.3 adopted August 17, 2015, deleted Sections 4.1 and 4.2 in their entirety.
Bylaw No. 1428.1 adopted July 21, 2008 added Sections 4.1 and 4.2 as follows:
4.1
No person shall start, maintain or permit an agricultural clearing waste fire other than:
a)
during the period October 15 to November 15 in each year; and
b)
with the prior written approval of the Fire Chief of the City of Parksville;
4.2
An agricultural clearing waste fire shall only be conducted in conformance with the Open
Burning Smoke Control Regulation 145/93, as amended or replaced from time to time, enacted
by the Province of British Columbia under the provisions of the Environmental Management Act
including but not limited to:
a)
the smoke release period being not greater than 72 consecutive hours; and
b)
burning prohibited during times of an inversion, when local winds are inadequate to
disperse the smoke or the ventilation index is poor."
Bylaw No. 1428 - Consolidated - Page 4
5.
Every person who starts, maintains or permits or supervises fire under this section 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.
Bylaw No. 1428.1 adopted July 21, 2008 added Section 5.1 as follows:
5.1
No person shall start or maintain a fire permitted under this bylaw unless a person eighteen
years of age or older is, at all times, present at the burning site when the fire is burning for the
purposes of supervising and extinguishing the fire.
Inspections and Orders
6.
An Officer may:
a)
enter at all reasonable times on any property that is subject to 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 their premises or a
fire into compliance with this bylaw;
7.
No person shall obstruct or prevent an Officer from carrying out an inspection under this bylaw.
Bylaw 1428.4 adopted April 18, 2016, deleted the Section 8 under "Inspections and Orders" in its
entirety and replaced it with the following:
8.
The Fire Chief at his sole discretion may implement a complete ban on campfires, and any other
type of burning that is normally exempted under this bylaw, if weather conditions or a high risk
of fire hazard warrants it.
Offence
9.
Any person who contravenes any provisions of this bylaw or who suffers or permits any act or
thing to be done in contravention of this bylaw or who refuses or omits or neglects to fulfill,
observe, carry out or perform any duty imposed by this bylaw shall:
a)
be liable on summary conviction to a fine not exceeding Two Thousand Dollars
($2,000.00);
b)
be subject to fines contained within the City Parksville Municipal Ticket Information
Utilization Bylaw.
Repeal
10.
"City of Parksville Outdoor Burning Bylaw, 1992, No. 1091", and all amendments thereto, are
hereby repealed.
Title
11.
This bylaw may be cited as "Outdoor Burning Bylaw, 2007, No. 1428".
Bylaw No. 1428 - Consolidated - Page 5
READ A FIRST TIME this 18th of June, 2007
READ A SECOND TIME this 18th of June, 2007
READ A THIRD TIME this 18th of June, 2007
ADOPTED this 4th day of July, 2007
Original signed by Sandy Herle
Original signed by Laurie Taylor
Mayor
Corporate Officer
Consolidated under the provisions of the Community Charter to include Bylaw 1428, 1428.1, 1428.2,
1428.3 and 1428.4. Printed under the authority of the Deputy Corporate Officer of the City of Parksville
this 20th day of April, 2016.
Original signed by Amanda Weeks
Deputy Corporate Officer