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BY-LAW NO. 2079-12
Of
The City of Winkler
A By-law of the City of Winkler to regulate burning
within the City of Winkler
* * * * * * *
WHEREAS Section 232 (1)(a) and (i) of the Municipal Act, L.M. 1996, c.58 Chap.
M225 provide as follows:
232(1) A Council may pass By-laws for municipal purposes respecting the following;
a)
the safety, health, protection and well being of people, and the safety and
protection of property;
i)
preventing and fighting fires;
WHEREAS the Council of the City of Winkler deems it desirable to regulate the setting
of fires and burning within the limits of the City of Winkler.
THEREFORE BE IT ENACTED AS FOLLOWS:
1.
That all open fires be prohibited within boundaries of the City of Winkler, for
the burning of leaves, straw, stubble, garden and other refuse, on the surface
of the ground, in pits, barrels or other unapproved containers/incinerators.
2.
That the operation of enclosed incinerators that comply with the Manitoba
Building Code are permitted
3.
Campfires and pit barbeques are permitted only when attended by an adult.
When unattended, the said campfire or pit barbeque must be completely
extinguished. Such fires must also be located a safe distance from all and any
buildings. Firepit installation & operation must follow the "Recreational Fire
Pit Guidelines". Fire pit fires may be ordered extinguished immediately under
the following conditions:
a) Smoke complaints
b) Unattended fires
c) Burning material is not contained within the fire pit walls
d) If the fire is judged to create a special hazard
e) If the activities surrounding the fire contravenes the noise bylaw #2139-15
(As per Resolution 2017-370)
4.
That under special circumstances, the Council of the City of Winkler may
issue a Special Burning permit, subject to the conditions set out thereon, and
subject to consultation with the Fire Chief of the Winkler Fire Department.
5.
That any person who contravenes a provision of this by-law is committing an
offense and liable on conviction to a fine of not less than:
a. One hundred dollars [$100.00] for a first offense;
b. Two hundred dollars [$200.00] for a second offense;
c. Three hundred dollars [$300.00] for a third offense;
d. Five hundred dollars [$500.00] for each subsequent offense.
6.
All fines and cost imposed on a prosecution under this By-law, are a debt
owed by the person who set a fire and the owner of the property on which the
fire was located, to the City and may be recovered by the City in a court of
competent jurisdiction or may be collected by the City in the same manner as
a tax may be collected or enforced under The Municipal Act
7.
That By-law No. 1950-08 of the City of Winkler be herewith repealed and that
this by-law come into effect on final passing.
DONE AND PASSED by Council of the City of Winkler, duly assembled at Winkler, in
Manitoba, this 9th day of
October
, 2012
Read a first time this 25th day of September
, 2012
Read a Second time this 9th day of October
, 2012
Read a third time this 9th day of
October
, 2012
Mayor
City Manager