Fire Regulation Bylaw

BYLAW NO. 3/03

A bylaw of the Resort Village of Kivimaa–Moonlight Bay to provide for fire protection, the suppression of fire pursuant to Section 136(3) and 136(4) of the Urban Municipal Act, 1984 and Section 7 of the Prairie and Forest Fire Act, 1982.

    1. For the purpose of this Bylaw: “local assistant” means any fire chief appointed by the Urban Municipality for fire prevention and protection.
    2. Urban Municipality means the Resort Village of Kivimaa–Moonlight Bay.
    1. No person shall:
      1. Start any outdoor fire for any purpose without first taking sufficient precautions to ensure that the fire can be kept under control at all times.
      2. Start any outdoor fire for any purpose when weather conditions are conductive to a fire’s readily escaping control.
      3. Fail to take reasonable steps to control a fire for the purpose of preventing it from spreading.
      4. Deposit, discard or leave any burning matter or substance in place where it might ignite other matter and result in a fire’s spreading
      5. Conduct any activity that involves the use of a fire or that might reasonably be expected to cause a fire to spread, unless he exercises reasonable care to prevent a fire from spreading.
      6. Leave the place where he has started an outdoor fire without fully extinguishing the fire.
      7. No burning barrels or outdoor burning devices with the exception of propane or briquette barbeques, chimneys or approved and inspected fire pits shall be used within the village limits.
    1. Where a local assistant finds conditions which, in his opinion, constitute a fire hazard endangering life or property, he may order the owner or occupant of the land on which the condition exists to reduce or remove the hazard within a fixed period and in any manner that the local assistant prescribes in writing.
    2. Where a local assistant finds that the order made subsection (l) has not been carried out, he may enter upon the land with any equipment and person that he considers necessary and may perform the required work to reduce or remove the hazard. Any costs incurred will be the responsibility of the owner or occupant.
    1. Where in the opinion of the local assistant an extreme fire hazard exists or the safety of persons or property is endangered by a prairie fire or forest fire the local assistant may, by order, do any or all of the following:
      1. Prohibit the setting or propagation of any fire or type of fire within a specified area.
      2. Require the evacuation of any area.
      3. Prohibit entry into or occupation of any area.
    2. The local assistant shall cause an order make pursuant to subsection (1) to be:
      1. Announced or advertised in the news media at the discretion of the clerk or council.
      2. Posted in one or more conspicuous places in the vicinity of the area.
    3. No person shall fail to comply with an order made pursuant to subsection (1).
    4. Notwithstanding subsection (3), where an order has not been published and posted in a manner prescribed by subsection (2), no person shall be convicted for failing to comply with an order unless the person knew or ought to have known of the substance of the order.
    1. Where a fire is burning in the Urban Municipality, the Urban Municipality may subject to the availability of personnel and equipment, take any action that is necessary to control and extinguish the fire.
    1. Any person who contravenes any provision of this bylaw is guilty of an offense and liable on summary conviction to a fine of not more than:
      1. $2,000.00 in the case of an individual.
      2. $5,000.00 in the case of a corporation.
      3. $500.00 per day in the case of continuing offence.