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TOWN OF BERWICK
Outdoor Fire Bylaw
1.
Authority
Sections 172 (1) (a), (b), and (d) of the Municipal Government Act provides
municipalities with the power to make bylaws 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.
2.
Interpretation
In this bylaw
"Acceptable Fire Pit" means an outdoor receptacle which is constructed from bricks,
concrete blocks, heavy gauge metal, stone or other suitable non-combustible components,
and has a spark arrestor or metal mesh screen.
"Council" means the Council for the Municipality of the Town of Berwick.
"Emergency Management Organization" means the Emergency Management
Organization, as established for the Town, under the provisions of Chapter 73 -
Emergency Management Bylaw for the Town of Berwick.
"Fire Chief" means the Fire Chief of the Berwick Volunteer Fire Department.
"Garden and Yard Waste" means any shrubbery, tree prunings, leaves, brush, weeds,
grass, roots, tree stumps, turf and similar vegetation.
"General Waste" means any rubbish, garbage, non-wooden material, packaging,
containers, bottles, cans, rags, clothing, petroleum products, manure or sewer.
"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.
"Nuisance" means the causing of any smoke or other emission from any fire permitted
under this bylaw, or otherwise, that adversely affects the reasonable enjoyment by other
persons of their property.
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.
"Town" means the Town of Berwick.
3. Outdoor Fires Prohibited
(1)
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;
(2)
No person shall be permitted to burn general waste, or garden and yard
waste on any lands owned or occupied by such person, or on any other
lands within the Town;
4. Outdoor Fires Permitted
(1)
Persons shall be permitted to cook food using a portable barbecue or other
food preparation appliances designed for outdoor use;
(2)
Persons shall be permitted to burn only clean, dry wood in an acceptable
fire pit, providing that:
(i)
a spark arrestor or mesh screen is used to contain any sparks or
blowing debris;
(ii)
the acceptable fire pit is located in excess of 15 feet from any
building, flammable structure, combustible material or property
line;
(iii)
a responsible adult is present on the property at all times while
the fire is burning and until the fire is extinguished;
(iv)
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;
5. Other Permitted Circumstances
Persons or organizations shall be permitted to ignite an outdoor fire providing that:
(i)
the burning is for the purpose of training members for the
Emergency Management Organization or the Berwick
Volunteer Fire Department;
6. Offences and Penalties
Any person who contravenes or fails to comply with any of the provisions of this bylaw
shall be liable to a penalty no less than $250 and not exceeding $5,000 for each offence,
as per Schedule A attached.
NEW - In addition to any penalty imposed pursuant to this Bylaw, the court may
impose the full cost or any portion of the cost or expense incurred by the
Municipality or Fire Department in controlling or extinguishing a fire, together
with costs or expenses related removing a fire hazard.
7. Repeal
The Outdoor Fire Bylaw of the Town of Berwick Bylaws does not repeal a pre-existing
outdoor fire bylaw.
8. Effective Date
This bylaw shall be effective upon publication following approval by the Province.
Clerk's Annotation (Office Use Only)
First Reading - October 12, 2010
Advertising of Second Reading - Week of October 18, 2010
Second Reading - November 9, 2010
Notice of Passing - TBA
Notice to Minister - TBA
I hereby certify that
the Outdoor Fire Bylaw -
has been adopted by Council
and published as indicated above.
Date,
October 25, 2010
_______________
__________________
Bob Ashley
Town Clerk
Schedule "A"
Offence
Penalty
First Offence
$250.00
Second Offence
$1,000.00
Third Offence
$5,000.00