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CORPORATION OF THE TOWNSHIP OF EAST HAWKESBURY
BY-LAW NUMBER 99-35
BEING a By-Law for prohibiting the setting of fires in the Township of East
Hawkesbury and for prohibiting or regulating the setting off of fireworks.
WHEREAS Section 210(35) of the Municipal Act, R.S.O.1990, chp. M.45, and
amendments thereto, provides that Councils of Municipalities may pass by-laws for
prescribing the times during which fires may be set in the open air, and the precautions
to be observed by persons setting out fires.
AND WHEREAS Section 210(38) of the Municipal Act, R.S.O. 1990, chp. M.45,
and amendments thereto, provides that Councils of Municipalities may pass by-laws for
prohibiting or regulating the setting off of fireworks or any class or classes thereof in the
municipality or in any defined area or area thereof and for requiring a permit for the
holding of fireworks displays and prescribing the conditions under which fireworks
displays may be held under such permit.
NOW THEREFORE the Council of the Corporation of the Township of East
Hawkesbury HEREBY ENACTS AS FOLLOWS:
DEFINITIONS
1. In this by-law:
a) Fire Chief means the chief of the Fire Department of the Corporation of the
Township of East Hawkesbury or his designate;
b) Corporation means the Corporation of the Township of East Hawkesbury;
c) Council means the Council of the Corporation of the Township of East
Hawkesbury;
d) Fire means any fire lit or maintained in the open air for the removal of dead
grass/brush or other vegetation, the disposal of refuse, the clearing of land, the
enjoyment of spectators or other like purpose, but shall not include:
(i) fire in blowtorches, cutting torches, highway paving equipment or other fire
incidental to the use of apparatus associated with a trade, service or
occupation
(ii) fire in smoking tobacco
e) Fire Department means the fire department of the Township of East Hawkesbury;
f)
Owner includes any person, firm or corporation having control over any portion of
the property under consideration and includes the person occupying the property.
2. No person shall set any type of uncontained fire within the limits of the Township of
East Hawkesbury, including but not limited to a grass fire.
3. The setting off of fireworks or any class or classes thereof with the limits of the
Township of East Hawkesbury or in any defined area or areas thereof is hereby
prohibited unless written permission has been obtained from the Fire Chief for the
holding of said fireworks displays.
4. Notwithstanding the provisions of Section 3 hereof, it is understood and agreed that
even when a permit has been obtained for the holding of a fireworks display, the
applicant (who must be 18 years of age or older) remains responsible for any and
all damages incurred and must show proof of a public liability insurance policy
covering said activity when applying for said written permission.
5. Notwithstanding the provisions of Section 1 hereof, open air fires may be set:
(a) when such burning consists of a small confined fire, used to cook food on a
grill or barbecue or is for personal warmth; AND
(b) subject to the owner being responsible to ensure that the fire is supervised at
all times by a competent person who is eighteen (18) years of age or older;
AND
(c)
it is further understood and agreed that if, at any time, the fire department is
called out to extinguish said fire, that the owner shall be responsible for any
and all costs involved in extinguishing said fire, all as set out in Section 7
hereof.
6. Notwithstanding the provisions of Section 1 hereof, open air fires, other than the
type mentioned in Section 5 hereof, may be set after first having notified the Fire
Department of the intention to do so, subject to the fire being supervised at all times
by one or more responsible persons, said person(s) being responsible to ensure
that the means of extinguishing the fire is available at the site at all times during the
fire; AND it is further understood and agreed that if, at any time, the fire department
is called out to extinguish said fire, that the owner shall be responsible for any and
all costs involved in extinguishing said fire, all as set out in Section 7 hereof.
7. All persons setting any type of open-air fire in the Township of East Hawkesbury
shall:
a)
be responsible for any damage to property or injury to persons occasioned
by the said fire;
b)
be liable for all costs incurred by the fire department, including personnel,
equipment and apparatus necessary and called in to extinguish the said fire.
c)
be liable for any and all Court costs incurred by the municipality should
he/she/they be proven guilty.
8. No open-air fire shall be maintained when the wind is in such direction or intensity
so as to cause any or all of the following:
a)
a decrease in visibility on any highway or roadway;
b)
a rapid spread of fire through grass or a brush area.
9. A farmer who intends to set or maintain a fire in the open air on a specified day for
disposal of brush, vegetable matter or vegetation on farm lands which is normal and
incidental for farming purposes will be required to notify the fire department for each
day of the proposed fire.
10. Notwithstanding the provisions of Section 9 hereof, any farmer who sets or
maintains a fire in the open air is subject to all of the conditions mentioned in Section
7 hereof.
11. Every person who contravenes any provision of this by-law is guilty of an offence
and is liable to a fine of not more than $2,000.00, exclusive of costs, under the
Provincial Offences Act.
12. This by-law may be cited as the Township of East Hawkesbury Open Air Burning
By-law, and the provisions of this by-law shall apply to the whole of the Township of
East Hawkesbury.
13. It is declared that if any section, subsection or part or parts thereof of this by-law be
declared by any court of law to be bad, illegal or ultra vires, such section,
subsection or part or parts shall be deemed to be severable and all parts hereof are
declared to be separate and independent and enacted as such.
14. This by-law shall come into full force and effect upon the final passing thereof,
And that By-Law No. 1241 adopted May 11th, 1981 be and is hereby rescinded.
READ A First, Second and Third Time and Enacted this 8th day of March, 1999.
Michel Lalonde, Reeve
Réjeanne Clermont, Clerk