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PREVENTION AND CONTROL OF WILDLAND FIRES
MUNICIPALITY OF NORTH NORFOLK
BY-LAW NO. 65/2020
BEING A BY-LAW OF THE MUNICIPALITY OF NORTH NORFOLK for the prevention and
control of wildland fires within the Municipality of North Norfolk.
WHEREAS it is deemed expedient and advisable to pass a by-law to provide generally
for the protection of life and property from damages by fire and to regulate burning
within the Municipality of North Norfolk;
WHEREAS Section 232(1) of The Municipal Act provides that a Council may pass by-
laws for municipal purposes respecting the following matters:
(a)
the safety, health, protection and well-being of people, and the safety
and protection of property;
(i)
preventing and fighting fires; and,
(o)
the enforcement of by-laws
NOW THEREFORE the Council of the Municipality of North Norfolk in session
assembled, enacts as follows:
1.0
Definitions
1.1
Authority Having Jurisdiction or AHJ means the Municipal Council of
the Municipality of North Norfolk and the duly appointed agents thereof.
1.2
Burning Permit means a permit issued regulating outdoor and open air
burning in burn permit areas.
1.3
CAO means the Chief Administrative Officer of the Municipality of North
Norfolk.
1.4
Designate means any person authorized by the AHJ to enforce this by-
law on behalf of the AHJ.
1.5
Officer means the Fire Chief, any member of the Fire Service or any
person on behalf of the AHJ, appointed as a fire guardian for purposes of
The Wildfires Act.
1.6
Outdoor Fire means a fire that is started outdoors including crop
residue burning, land clearing and grass burning, but does not include a
fire started in, and remains contained within, a fire pit or solid fuel
burning appliance.
1.7
Wildfire Season means the period in each year commencing on April 1st
and ending on November 15th or any other period of time that may be
designated by the AHJ.
1.8
Fire Protection Committee means a committee comprised of the
following individuals:
-
The Mayor and/or the Deputy Mayor of the Municipality of North
Norfolk;
-
Fire Chief and/or the Deputy Fire Chief for the Austin Fire
Department;
-
Fire Chief and/or the Deputy Fire Chief for the MacGregor Fire
Department;
2.0
Delegation of Authority
2.1
THAT the Authority Having Jurisdiction, Chief Administrative Officer,
Manager of Operations, By-Law Enforcement Officer or designate of the
Municipality of North Norfolk be appointed as Officers for the purpose of
enforcing provincial statutes, regulations as well as this by-law.
3.0
Responsibilities
3.1
THAT all burning within the municipality shall be subject to the
conditions and provisions of The Wildfires Act, the Manitoba Crop
Burning Residue Burning Regulation and the Municipal By-Law
regulating burning within the urban communities of North Norfolk.
3.2
THAT no person shall start an Outdoor Fire within the boundaries of
the Municipality of North Norfolk, during the Wildfire Season without
first obtaining a Burning Permit from the Municipality of North Norfolk
or from one of its designated Officers.
3.3
THAT authorization to conduct Outdoor Fire burning does not exempt
or excuse a person from the responsibility, consequences, damages, or
injuries resulting from the authorized burning and does not excuse a
person from complying with other applicable laws, ordinances or
regulations.
(a)
Any Outdoor Fire shall be supervised by the owner or occupier
of the land or a person authorized by the owner or occupier of the
land.
(b)
No person shall start an Outdoor Fire on any land without taking
sufficient precautions that are reasonably necessary to protect
persons and the property of others from the fire.
(c)
No person shall start an Outdoor Fire unless all precautions are
taken to ensure that the fire can be kept under control, or when
weather conditions are conducive to a fire burning out of control.
(d)
No person shall cause an Outdoor Fire to be started in order to
guard property; clear land or burn debris; burn crop, stubble or
grass; unless the land on which the fire is started is completely
surrounded by a fire guard consisting of:
(i)
a strip of land free of flammable material, or of sufficient
width to control the fire;
(ii)
natural or man-made barriers, water or
(iii)
a combination of (i) and (ii).
(e)
The smoke from Outdoor Fire shall not pose unreasonable
hazard to the health of any person or reduce the visibility on any
road or highway.
(f)
A sufficient water supply and means of fire suppression capable of
extinguishing the Outdoor Fire based on its fuel loading and size
shall be available on site.
(g)
All fires must be extinguished when unsupervised.
4.0
Burning Ban
4.1
THAT the Fire Protection Committee may, at their discretion, ban certain
types of burning or ALL BURNING (including fires contained within fire
pits and solid fuel burning appliances) in the Municipality of North Norfolk
if conditions exist where, in their opinion, fires are of extremely high risk,
and such a ban would prevent wild fires from occurring.
5.0
Notification
5.1
THAT the Municipality will follow the procedures outlined on the attached
Schedule "A" to notify the public of a burning ban.
5.2
THAT Schedule "A" can be amended by Council resolution.
6.0
Offense and Penalties
6.1
THAT any person who contravenes this by-law is committing an offense
and is subject to payment of a municipal fine up to $1,000.00.
6.2
THAT all fines and costs imposed on a contravention under this By-Law,
are a debt owed by the property owner on which the fire was located, to
the Municipality and may be collected by the Municipality in the same
manner as a tax may be collected.
7.0
THAT this by-law repeals the Municipality of North Norfolk's By-Law No.
758/2008.
8.0
THAT this by-law shall come into force and take effect on the passing thereof.
DONE AND PASSED by the Municipality of North Norfolk, in Council duly assembled at
the Municipal Office at MacGregor in the Province of Manitoba this ____ day of
_________ A.D., 2020.
Mayor Gerald Barber
Valorie Unrau, CMMA
Chief Administrative Officer
Read a first time this
day of
A.D.
2020
Read a second time this
day of
A.D.
2020
Read a third time this
day of
A.D.
2020
SCHEDULE 'A'
Prevention and Control of Wildland Fires
By-Law No. 65/2020
Notification
Once a burning ban is implemented and when lifted, Municipal Staff will:
1.
Post a notice on the Municipal Website, the North Norfolk Facebook Page, at the
Municipal Office, on public bulletin boards in MacGregor, Austin, Sidney,
Rossendale and Bagot.
2.
Notify CFRY radio station.
3.
Place an ad in the Herald Leader (only for implementation, not when its lifted).
4.
Email the Province of Manitoba at [email protected] requesting the ban be
posted on their Current Municipal Burning Restrictions webpage.
5.
Post a notice at the area campgrounds if recreational fires are included in the
ban.
6.
Notify the NorMac Landfill, the MacGregor and Austin Fire Chiefs, Council and all
Municipal Staff.
7.
Post burning ban signage along the following areas/roads:
(a) On #1 Highway at west and east entrance to the municipality.
(b) On PR 350 at southern boundary of municipality
(c) On PTH 34 at northern boundary of municipality
Sign will be attached to the "Welcome to the Municipality of North Norfolk" sign
at all these locations.