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## THE MUNICIPALITY OF RHINELAND
## BY-LAW NO. 2025-08
Being a By-Law of the Municipality of Rhineland to regulate outdoor fires.
## WHEREAS:
Section 232 (1) of the Municipal Act ("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;
332(i entremen of byas, id by la passed undim that these gene it de provisions
- (a) providing for procedures, including inspections, for determining whether bylaws are being complied with; and
- (b) remedying contraventions of by-laws, including
- (i) creating offences,
- (ii) subject to the regulations, providing for fines and penalties, including the imposition of a penalty for an offence that is in addition to a fine or imprisonment, so long as the penalty relates to a fee, rate, toll, charge or cost that is associated with the conduct that gives rise to the offence, or related to enforcing the by-law,
- (iii) providing that an amount owing under subclause (ii) may be collected "in any manner in which a tax may be collected or enforced under this Act;
- C. Council is of the opinion that it is in the public interest that outdoor fires should be regulated and controlled to protect the safety of people and property.
NOW THEREFORE Council of the Municipality of Rhineland enacts as a by-law the following:
- This By-Law may be referred to as the Outdoor Fire By-law.
## Definitions
2. In this By-law:
"approved fire receptacle" means a fire pit, outdoor barbeque, outdoor fireplace or outdoor warming fire device that meets the requirements set out in section 5;
- "fire chief" means the person appointed by the Municipality as its fire chief, the deputy fire chief, and a person delegated the authority of the fire chief;
- "outdoor fire" means a fire that is started outdoors for any purpose;
- "outdoor fire ban" means an outdoor fire prohibition made by order under section 10 of this By-law; and
"owner" means a person who
- a. is the owner of an estate in fee simple in land that is subject to the Real Property Act,
- b. is the owner of an estate in fee simple in land that is not subject to the Real Property Act and who is the grantee named in a valid conveyance of land that is registered under the Registry Act, or
3. is the registered owner of a unit under the Condominium Act.
## Prohibition
No person shall set an outdoor fire within the Municipality, and no property owner or occupant shall permit an outdoor fire to be set or to remain lit on the property, except as outlined below.
Local Urban Districts (LUDs) - Rosenfeld, Gretna, and Plum Coulee.
The prohibition in Section 3 does not apply to:
- a. Fires in an approved fire receptacle that meets the Municipality's standard as outlined: An approved fire receptacle shall:
- i. be enclosed on all sides and constructed of masonry, concrete, heavy gauge metal or other non-combustible materials;
- ii. have a spark arrestor, grille or mesh constructed of a non-combustible material, which is used to cover the entire area of the approved fire receptacle opening; and
- iii. not be used for commercial or industrial applications.
- b. Portable barbecues that are used and maintained according to the manufacturer's instructions
- c. Propane or natural gas appliances approved by the Canadian Gas Association (CGA) and used as directed.
- d. Fires permitted by the Municipality in campground or park fire pits, barbecues, or fireplaces.
- e. Burning conducted by the Municipality.
- f. Outdoor fires authorized by permit under Section 8 of this By-law.
- a. All fires permitted under section 4 must adhere to the condition that only clean, unpainted, and untreated wood is burned, and no grass, leaves, brush, or tree pruning is burned.
Rural Area (Outside LUDs)
5.
The prohibition in Section 3 does not apply to:
- a. Outdoor fires set outside of the LUDs, provided they comply with the requirements outlined in Section 6 of this By-law.
## Outdoor Fire Requirements
6.
A person setting or responsible for an outdoor fire, and an owner or occupant of a property where outdoor fires are permitted under this By-law shall ensure:
- a. the outdoor fire is always kept under control;
- b. the outdoor fire is always supervised by a person 18 years of age or older until and unless it is fully extinguished;
- c. the weather conditions are conducive to an outdoor fire not burning out of control,
- d. an adequate supply of water, sand or some other means of controlling and extinguishing the outdoor fire is readily accessible;
- e. the outdoor fire is not set or maintained in conditions or locations which will or could result in:
6. (ii) a rapid spread of fire through grass or brushed area;
7. (i) reduced visibility on any highway or road;
- f. reasonable steps are taken to prevent the outdoor fire from spreading;
- g. the outdoor fire is maintained a minimum of 3 metres, as measured from the nearest edge of the outdoor fire, from any combustible buildings or structures, combustible fences, property line, trees and overhead wires;
- h. if the outdoor fire becomes uncontrollable or spreads, the Municipality's Fire Department is immediately alerted by calling 911.
For an outdoor fire used for agricultural purposes, no person shall set, and no owner or occupant of any property may permit the outdoor fire to be set or to remain to guard property, clear land, or burn debris, crops or stubble, unless the land on which the outdoor fire is started is completely surrounded by a strip of land not less than 6 metres wide, and
- a. the strip is free of inflammable material; or
- b. all inflammable material on the strip is covered by snow or water.
All burning within the Municipality shall be subject to the conditions and provisions of The Manitoba Crop Burning Residue Regulation - MR 77/93
## Permit
8. Where the fire chief is of the opinion that unusual circumstances warrant permitting a person to have an outdoor fire otherwise prohibited under this By-law, the fire chief may, on application by an owner or occupier of land, issue a permit to have an outdoor fire on that land subject to such terms or conditions as the fire chief considers advisable and sets out in
9. The fire chief may amend, vary, suspend or revoke a permit on notice to the holder of the permit.
## Outdoor Fire Ban
10. Where the fire chief is of the opinion that circumstances in the Municipality warrant, the fire chief may make an order prohibiting outdoor fires and putting in place an outdoor fire ban for the period specified in the order. An outdoor fire ban comes into force 6 hours after it is first placed on the Municipality's website and posted at the municipal office. Immediately following making the order, the fire chief shall make reasonable efforts to give notice of the order by other means including broadcast by radio or television, or reference to or posting on social media.
11. An outdoor fire ban remains in place for the period set out in the order, unless terminated sooner by the fire chief.
12. No person shall set an outdoor fire, and no owner or occupant of any property may permit an outdoor fire to be set or to remain lit on the property while an outdoor fire ban is in place.
## Enforcement
13. Council may appoint an enforcement officer for the purposes of this By-law, who may conduct inspections and take steps to administer and enforce this By-law or to remedy a contravention of this By-law, and for those purposes shall be a designated officer and have the powers of a designated officer under the Act or a By-Law officer under the By-Law Enforcement Act. 22522
14. Where the Municipality's fire department responds to a call concerning an outdoor fire, and in the fire chief's opinion the outdoor fire was not taking place in compliance with this Bylaw, the person who set the outdoor fire, and the owner or occupant of any property who permitted the outdoor fire may be responsible for any costs associated with or resulting from extinguishing the outdoor fire. Such amount is a debt owing to the Municipality and may be collected in any way a tax may be collected or enforced under the Act.
## Penalties
15. Any person guilty of a breach of this By-law shall pay the administrative penalty outlined in Schedule "A" of this by-law and the Municipal By-law Enforcement Bylaw No. 2025-06 or request a review by a screening officer in accordance with Part IV of said By-Law.
16. The amount of the administrative penalties set out in Schedule "A" of this by-law and to the Municipal By-law Enforcement By-law No. 2025-06 may be amended from time to time.
## Offence
17. A person who contravenes this By-law is guilty of an offence and is liable on summary conviction to a fine of not more than $1000.00. Any costs associated with or resulting from enforcing this By-law are in addition to any such fine and are an amount owing to the Municipality and may be collected in any way a tax may be collected or enforced under the Act.
18. That the amount of the administrative penalties set out in Schedule "A" to the Municipal Bylaw Enforcement By-law No. 2025-06 may be amended from time to time.
## Transitional
19. This By-Law repeals 2019-19 Outdoor Burning except in respect of an offence committed before this by-law comes into force.
20.
By-Law 2019-19 Outdoor Burning remains in effect to the extent required for the prosecution of any such offence.
DONE AND PASSED in Altona, Manitoba this 19th day of March, 2025.
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Reeve
mining were
Chief Administrative Officer
READ A FIRST TIME this 5th day of March, 2025 A.D.
READ A SECOND TIME this 19" day of March, 2025 A.D.
READ A THIRD TIME this 19th day of March, 2025 A.D.
## Schedule A
## By-Law 2025-08 Outdoor Burning Administrative Penalties and Fines
| . 3,4,5 | 2025-08 Outdoor Fire By-Law | Setting of a fire | $300.00 | $150.00 |
|-----------|-------------------------------|------------------------|-----------|-----------|
| 6 | 2025-08 Outdoor Fire By-Law | Fire Requirements | $300.00 | $150.00 |
| 12 | 2025-08 Outdoor Fire By-Law | Fire During a Fire Ban | $500.00 | $250.00 |