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RURAL MUNICIPALITY OF ROSEDALE
BY-LAW NO. 5-2018
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF ROSEDALE FOR THE
PREVENTION AND THE CONTROL OF WILDLAND FIRES WITHIN THE RURAL
MUNICIPALITY OF ROSEDALE.
DEFINITIONS:
Authority Having Jurisdiction (AHJ): the Municipal Council and the duly appointed
agents thereof.
CAO: the Chief Administrative Officer of the municipality.
Designate: any person authorized by the AHJ to enforce this By-law on behalf of the
AHJ.
Officer: 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.
Outdoor Fire: a fire that is started outdoors including crop residue burning, land clearing
and grass burning.
Wildfire Season: 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.
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 Rural Municipality of Rosedale.
WHEREAS Section 232 (1) of The Municipal Act provides that a Council may pass By-
laws for municipal purposes respecting the following matters pertaining to:
(a) The safety, health, protection and wellbeing of people from fire
(b) The safety and protection of property from fire
(c) Implementing various programs and or laws for fire prevention purposes
(d) Implementing various programs for the purposes of fire suppression
(e) Enforcement of any provincial or municipal statues as they may apply
NOW THEREFORE the council of the Rural Municipality of Rosedale in session
assembled enacts as follows:
1.0 DELEGATION OF AUTHORITY
1.1
THAT the Authority Having Jurisdiction, Chief Administrative Officer or
designate of the Rural Municipality of Rosedale be appointed as Officers for the
purpose of enforcing provincial statues, regulations as well as this By-law.
2.0
RESPONSIBILITIES
2.1
All burning within the municipality shall be subject to the conditions and
provisions of The Wildfires Act, and the Manitoba Crop Burning Residue
Burning Regulation - MR 77/93.
2.2
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. Burn barrels must
be placed within visual site of residence with no obstructions blocking view
from residence.
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. Burning barrels must be placed in a fire guarded, 15
meter (or 40 ft.) circumference area free of burnable materials of any kind.
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) by natural or man-made barriers, water, or
iii) by a combination of (i) and (ii).
e)
The smoke from an 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.
3.0
BURNING BAN
3.1
Council may by some form of a written vote of majority of council members, at
their discretion, at any time enact or lift the ban ALL BURNING (including fires
contained within fire pits, solid fuel burning appliances and burning barrels) in the
Rural Municipality of Rosedale if conditions exist where, in the opinion of the
municipality, fires are of extremely high risk, and such a ban would prevent
wildfires from occurring.
4.0 OFFENSE AND PENALTIES
4.1
It is an offense to contravene any provisions of this By-law. Any conviction of an
offence is subject to a penalty of not less than $500.00 or not more than
$1,000.00.
4.2
Where a person is in contravention under this By-law, in addition to imposing a
fine, the municipality is entitled to be reimbursed by the person(s) for costs
incurred by the municipality in fire protection and suppression operations that
were undertaken as a result of the person(s) acts or omissions that resulted in the
costs to be incurred.
5.0
This By-law shall come into force and take effect on the passing thereof.
DONE AND PASSED by the Council of the Rural Municipality of Rosedale in regular
session assembled, this 8th day of June, 2018.
___________________________________
Reeve
_________________________________
CAO
Read a first time this 11th day of May, 2018
Read a second time this 11th day of May, 2018
Read a third time this 8th day of June, 2018