THE CORPORATION OF THE TOWNSHIP OF STIRLING-RAWDON

 

BY-LAW NO.  611-07

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ENTITLED a By-law to regulate the setting of open air fires and provide for fees for contravention of this by-law and costs of suppression.

 

WHEREAS Part 2 of the Fire Protection Act, 1997, also known as the Ontario Fire Code, states “open air burning shall not be permitted unless approved, unless such burning consists of a small confined fire, supervised at all times, and used to cook food on a grill or barbecue”;

 

AND WHEREAS Section 391 of the Municipal Act, 2001 c. 25 as amended, authorizes Councils of local municipalities to pass by-laws imposing fees for the services provided;

 

AND WHEREAS the Council of the Corporation of the Township of Stirling-Rawdon feels it is imperative that a procedure for permission to openly burn be established;

 

NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF STIRLING-RAWDON HEREBY ENACTS AS FOLLOWS:

 

1.    This by-law may be cited as the Open Air Burning By-law.

2.    This by-law is in affect from 12:01 a.m. on the 1st day of March to 11:59 p.m. on the 31st day of October of each year.

3.    No person shall light a fire on any land within the Corporation of the Township of Stirling-Rawdon for any purpose other than to cook on a grill or barbecue without the benefit of an approved burning permit as set out in Schedule ‘A’ issued under the provisions of this by-law. At no time will a Burning Permit be issued for burning within the Geographic limits of the former village of Stirling.

4.    Every person burning under the authority of a burning permit shall comply with all provisions of Schedule ‘B’ of this by-law.

5.    Every person being the holder of a burning permit shall upon request of the Fire Chief, Deputy Chief, Captain, Fire Prevention Coordinator, or Police Officer of the Township of Stirling-Rawdon produce said permit.

6.    This by-law shall be administered by the Fire Chief or his/her designate of the Township of Stirling-Rawdon.

7.    The Fire Chief or his / her designate may, at any time, and in the exercise of his or her sole discretion, issue a “Fire Ban” effective for a specified period of time, prohibiting the setting of any and all “Open Air Fires” within any area of the Township.  During this time all Burning Permits will be revoked.

8.    The Fire Chief or his / her designate may revoke any or all “permits”, or refuse to issue “permits” where, in the opinion of the Fire Chief or his / her designate, the ability to control the fire is hampered by the existence of a Dangerous Condition, which exists on or in the proximity of the proposed Open Air Burning site.

9.    The Township of Stirling-Rawdon shall levy the fees as set out in the attached Schedule ‘C’ which fees shall be due and owing to the Township of Stirling-Rawdon for each occasion upon which the Fire Department attends at the site of an open air fire at which there is no permit holder or at which the provisions of schedule ‘B’ of the fire permit have been contravened.  Said fees are payable to the Township of Stirling-Rawdon by the party or parties who are deemed by the Fire Chief or his agent or assign, to be responsible for the cause of the fire.

10.Where said fees are not paid within thirty days of the date of demand, said fees will be added to the tax roll of the Township of Stirling-Rawdon and will be collected in like manner as municipal taxes.

11.In addition to any other penalty prescribed by this by-law any person who contravenes any provision of this by-law is guilty of an offence and is liable to a fine or penalty for each offence established pursuant to the Provincial Offences Act and included with Schedule ‘D’ forming part of this by-law.

12.In the event any Court of competent jurisdiction should adjudge that any section or sections of this by-law may not be valid for any reason, such section or sections shall be deemed to be severable from the remainder of the by-law and the remainder of the by-law shall stand and be enforceable to the same extent as if the offending section or sections had not been included therein.

13.By-law no. 371-04 is hereby repealed.

14.This by-law shall come into full force and effect upon receipt of approval from the Ontario Court of Justice for the Fines as set out in Schedule ‘D’ attached.

 

 

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS

       DAY OF                   , 2007.

 

 

 

                                                                        _________________________________

                                                                        MAYOR

 

 

 

                                                                        _________________________________

                                                                        CLERK