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1. This By-law shall be known as the "Outdoor Fire By-law".
## 2. Authority
Sections 172 (a), (b), and (d) of the Municipal Government Act provides municipalities with the power to make by-laws respecting the health, well-being, safety and protection of persons, the safety and protection of property, and activities that may cause nuisances including burning, odours, and fumes.
3. Interpretation In this By-law, the following definitions shall apply:
2. (a) "Acceptable Fire Pit" means an outdoor receptacle which is constructed from bricks, concrete blocks, heavy gauge metal, stone or other suitable noncombustible components, and has a spark arrestor or metal mesh screen.
3. (b) "Council" means the Council for the Town of Antigonish.
4. (c) "Fire Chief" means the Fire Chief of the Antigonish Volunteer Fire Department.
5. (d) "Garden and Yard Waste" means any shrubbery, tree prunings, leaves, brush, weeds, grass, roots, tree stumps, turf and similar vegetation.
6. (e) "General Waste" means any rubbish, garbage, non-wooden material, packaging, containers, bottles, cans, rags, clothing, petroleum products, manure or sewer.
7. (f) "Hazard" means a risk of damage or nuisance which may be caused by the burning of any general waste and which may adversely affect property and/or persons.
8. (g) "Non-designated Material" means tires, waste dangerous goods as defined in the Dangerous Goods Management Regulations pursuant to the Environment Act, Stats. NS, 1994-1995, c. 1, and amendments thereto; used oil as defined in the used oil regulations pursuant to the Environment Act, supra; railway ties or other wood treated with wood preservative; material containing rubber or plastic; painted wood; garbage, food products; organics such as animal remains.
9. (h) "Nuisance" means the causing of any smoke or other emission from any fire permitted under this By-law or otherwise that adversely affects the reasonable enjoyment by other persons of their property.
10. (i) "Portable Barbecuing Appliance" means any appliance used for the purpose of cooking food outdoors, normally fuelled by liquefied petroleum gas, natural gas, compressed briquettes or charcoal.
- () "Regional Emergency Management Organization" means the Regional Emergency Management Organization, as established for the Town, under the provisions of the Regional Emergency Management By-law for the Town of Antigonish.
- (k) "Town" means the Town of Antigonish.
## 4. Outdoor Fires Prohibited
- (2) No person shall be permitted to have an outdoor fire within the Town, on any land owned or occupied by such person, or on any public lands owned by the Town, unless contained in an acceptable fire pit.
- (1) No person shall be permitted to operate an open fire pit within the Town.
- (3) No person shall be permitted to burn non-designated material, general waste or garden and yard waste on any lands owned or occupied by such person, or on any other lands within the Town.
## 5. Outdoor Fires Permitted
- (2) Persons using outdoor gas or wood burning appliances shall be permitted to do so with the following provisions:
- (1) Persons shall be permitted to cook food using a portable barbecue, other food preparation appliances designed for outdoor use or outdoor wood burning appliances.
3. (i) the manufacturer's installation instructions must be followed;
4. (iii) a spark arrestor or mesh screen is used to contain any sparks or blowing debris;
5. (ii) only dry seasoned firewood shall be used as it burns with little or no smoke by-product;
6. (iv) the acceptable fire pit or wood burning appliance shall be located in excess of 15 feet from any building, flammable structure, combustible material or property line;
7. (vi) the fire does not create a nuisance;
8. (v) Notwithstanding 4(2) (iv), the acceptable fire pit or wood burning appliance, may be operated on a wooden deck, provided it is positioned on a fire-proof pad;
9. (vii) a responsible adult is present on the property while the fire is burning and until the fire is extinguished;
10. (vili) a fire extinguisher; or other means of extinguishing a fire, acceptable to the Fire Chief/or designate, is within reasonable distance from where the fire is located.
## 6. Permitted Circumstances
- (i) the burning is for the purpose of training members for the Regional Emergency Management Organization or the Antigonish Volunteer Fire Department.
Persons or organizations shall be permitted to ignite an outdoor fire providing that:
## 7. Offences and Penalties
- (2) In addition to any penalty imposed as a result of a guilty plea, the Town may levy a fee for reimbursement of all expenses incurred or damages associated with the offence.
- (1) Any person who contravenes or fails to comply with any of the provisions of this By-law shall be liable to a penalty no less than $250.00 and not exceeding $5,000.00 for each offence, as per Schedule A attached.
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Date of First Reading:
Date of Advertisement of Notice of Intent to Consider:
Date of Second Reading:
Date of Advertisement of By-law Passage and Approval:
Date of Mailing Certified Copy to SNS & MR:
April 19, 2011
May 3, 2011
May 16, 2011
May 25, 2011
May 19, 2011
I certify that this Outdoor Fire By-law was adopted by Council and published as indicated above.
D Kampen
Chief Administrative Officer
May 19, 2011
Date
Schedule "A"
| Offence | Penalty |
|----------------|-----------|
| First Offence | $250.00 |
| Second Offence | $1,000.00 |
| Third Offence | $5,000.00 |