Prevention and Control of Wildland Fires By-Law No. 1349/2012 — full text

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PREVENTION AND CONTROL OF WILDLAND FIRES RURAL MUNICIPALITY OF VICTORIA BY-LAW NO: 1349/2012 BEING A BY-LAW OF THE RURAL MUNICIPALITY OF VICTORIA for the prevention and control of wildland fires within the Rural Municipality of Victoria. 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 Victoria: 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 well being 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; and e) Enforcement of any provincial or municipal statues as they may apply. NOW THEREFORE THE COUNCIL OF THE RURAL MUNICIPALITY OF VICTORIA IN SESSION ASSEMBLED, ENACTS AS FOLLOWS: 1.0 Definitions: 1.1 Authority Having Jurisdiction or AHJ means the Municipal Council of the Rural Municipality of Victoria and the duly appointed agents thereof. 1.2 CAO means the Chief Administrative Officer of the Rural Municipality of Victoria. 1.3 Designate means any person authorized by the Authority Having Jurisdiction to enforce this by-law on behalf of the Authority Having Jurisdiction. 1.4 Officer means the Fire Chief, any member of the Fire Service or any person on behalf of the Authority Having Jurisdiction, appointed as a fire guardian for purposes of The Wildfires Act. 1.5 Outdoor Fire means a fire that is started outdoors including crop residue burning, land clearing and grass burning. 1.6 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 Authority Having Jurisdiction. 1.7 Fire Protection Committee means a committee comprised of the following individuals:  The Reeve and/or the Deputy Reeve of the Rural Municipality of Victoria;  Council Committee Representative of the Fire Protection Committee;  Fire Chief for the Holland Volunteer Fire Department;  Fire Chief for the Cypress River Volunteer Fire Department. 2.0 Delegation of Authority 2.1 THAT the Authority Having Jurisdiction, Chief Administrative Officer or designate of the Rural Municipality of Victoria be appointed as Officers for the purpose of enforcing provincial statues, 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 - MR 77/93 and By-Law 1327/2010 regulating burning within the Local Urban Districts of Holland and Cypress River. 3.2 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. By-Law No. 1349/2012 - Prevention and Control of Wildland Fires Page 2 Page 2 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) by natural or man-made barriers, water, or iii) by 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, by resolution, at their discretion, ban ALL BURNING (including fires contained within fire pits and solid fuel burning appliances) in the Rural Municipality of Victoria 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. 5.0 Offense and Penalties 5.1 THAT it is an offense to contravene any provisions of this by-law. Any conviction of an offense is subject to a penalty of not less than $750.00 or not more than $2,000.00. 5.2 THAT 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. 6.0 THAT 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 Victoria, in Council duly assembled this 14th day of November, A.D., 2012. Rural Municipality of Victoria "Originally Signed by Reeve Harold W. Purkess" Reeve "Originally Signed by CAO Y. Ivan Bruneau" Chief Administrative Officer Read a first time this 10th day of October A.D. 2012. Read a second time this 14th day of November A.D. 2012. Read a third time this 14th day of November A.D. 2012.