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HomeMy WebLinkAboutFD-18-86 U TOWN OF NEWCASTLE REPORT File # 6 / i . Res. # �.. __ -- _4;- By # MEE(ING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: JUNE 16, 1986. REPORT #: FD - 18 FILE #: 10.12.6. SMECT: COUNCIL RESOLUTION C446-86 "THAT the Chairman of the Fire Department and the Fire Chief meet with the Ministry of Environment to discuss the concerns relative to burn- ing and submit a report in conjunction with the report to be submitted by the Fire Chief and By-law Enforcement Officer. " RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Admini- stration Committee recommend to Council the following: 1 . ) THAT Fire Department Report FD-18 be received; 2. ) THAT copies of the attached letter and burning by-law be mailed to property owners within 1/8 of a mile of the complainant; 3. ) THAT the by-law officer monitor the situation in this particular area in regards to enforcement of the burning by-law; and 4. ) THAT any current burning permits that have been issued to persons in this immediate area become null and void as of June 30, 1986. BACKGROUND AND COMMENTS At the Council meeting of May 12, 1986, a delegation made a presentation regarding their concern about burning in the Courtice area and as citizens their right to clean air. The above-headed resolution was directed to Staff and I would report as follows: On Friday, May 30, 1986, Councillor H. McKnight and the Fire Chief met with the Ministry of Environment Officer, Mr. David Fummerton, to discuss concerns raised by the complainant, provincial regulations, Municipal by-laws and possible courses of action that may be taken. It was felt by all parties involved in this meeting that even though provincial and municipal legislation is available to charge persons and limit contaminent release into the air, another course of action should first be considered. Continued. . . . . . i W, C�) FD - 18 - 2 - The Ministry representative, after viewing the pictures submitted by the complainant, indicated that it is extremely difficult to prove a possible health hazard because of drifting smoke. Winds are quite prevelant in the Courtice area and it would be surmised that the smoke indicated in these pictures would not even reach or cross the complainant's property. A possible course of action suggested by the Ministry Official was to provide municipal garbage pickup for these areas, which would eliminate the need for residents to burn. After further discussion it was decided that a letter be drafted (attached) and sent to each adjacent and neighbouring property owner within approximately 1/8 of a mile of the complainant, advising them of the burning by-law. It was also felt that the By-law Officer monitor the situation in this particular area and enforce the burning by-law, if required. It was also felt that a complete review of the burning by-law be undertaken by the Clerk's Department. A meeting was held with the By-law Officer and Fire Chief to review the by-law, the enforcement of same and other concerns in regard to this matter. In the opinion of the By-law Officer, it was felt that the existing burning by-law is prejudicial in its present form and requires a complete review and possible re-draft through the Clerk' s Department. The present by-law is contradictory by stating in one section that no burning is permitted without first obtaining a permit from the Fire Department and then in the amendment permits the burning of leaves in Wards 1 and 3 in the autumn from September to November. Attached is a guideline from the Ministry of Environment regarding open air burning, for ;ommittee's information. The By-law Officer feels that his Department, in conjunction with the Fire Department, will monitor this area and deal with any violation of the burning by-law on a personal , individual basis, in an attempt to ease the tension between neighbours. Respectfully submitted, J. Aldridge, Councillor H. McKnight, B. Irwin, Fire Chief. Fire Department Chairperson. By-law nforcement Off. JA/sr June 6, 1986. •N,SDa'KNO'MIFDGE ,D (�, ' `% 1 CORPORATION OF THE TOWN OF NEWCASTLE q 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C3A6 TELEPHONE 623-3379 TO: COURTICE ROAD NORTH AREA RESIDENTS. Please find attached a copy of the Town of Newcastle Burning By-Law No. 75-33. The Town of Newcastle would request that area residents be considerate to neighbours and others in regard to smoke emission or contaminent releases into the environment that may cause harm or discomfort to any persons. I Thankyou with regard to this matter. I D. Oakes, Clerk/Administrator. i i I THE CORPORATION 'OF THE TOWN OF NEWCASTLE BY-LAW NO. 75-33 being a by-law to regulate the setting of fires WHEREAS the frequent occurence of grass or outdoor fires has caused a great deal of danger to life and property in this Town, as well as an alarming increase in the costs of fire control; NOW THEREFORE the Municipal Council of the Corporation of the Town of Newcastle enacts as follows: 1 . No person shall light, ignite or start or allow or cause to be lighted, ignited or started a fire of any kind whatsoever in the open air in the Town of Newcastle without first having obtained a written permit to do so from the Fire Chief. 2. Any person who lights, or causes to be lit, a fire in the Town of Newcastle, shall place and keep a competent person at all times in charge of the fire while it is burning or smouldering and shall provide that person with efficient appliances and equipment in order to prevent the fire from getting beydnd control or causing damage or becoming dangerous. 3. This by-law shall not apply to small confined fires used to cook food on grills or barbecues. 4. By-law No. 2450, Township of Darlington is hereby repealed. 5. Any person convicted of a breach of any of the provisions of this by-law shall forfeit and pay, at the discretion of the convicting Magistrate, a penalty of not less than $50. 00 and not more than $300. 00 exclusive of costs, for each offence, and The Summary Convictions Act as provided and limited by the Municipal Act shall apply to all prosecutions under this By-law. 6. This By-law shall come into force and effect on the day it is passed by Council. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED t � this . : .�'G. . day of . . . . . . � � � . . . . . . . A.D. 1975. G. B. Rickard 'e �--� SEAL Mayor 3 . M. McIlro Clerk �-- I THE (;ORPORATION Or THE TOUN OF NEWCASTLE BY-LAW NO. 75-84 a by-law to amend By-Law No. 75-33 to regulate the setting of fires. WHEREAS the Council of the Town of Newcastle enacted By-Law No. 75-33 to regulate the setting of fires and WHEREAS the said Council now finds it desirable to amend said By-Law No. 75-33 NOW THEREFORE the Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. That Clause 1. of By-Law No. 75-33 passed on the 5th day of May , 1975 be hereby amended by adding the following words : "save and except the burning of leaves in Wards 1 and 3 in the Autumn between September and November provided the leaves are burned on private property" . READ A FIRST SECOND AND THIRD TIME and finally passed this 3rd day of November, 1975. G. B. Rickard 89AL Mayor J. M. McIlro Clerk ��✓! � fib) Ministry of the Environment Ontario Hon.William G.Newman, Minister Evefett Unlys, ABOUT OPEN BURNING Open fires cause air pollution. * Don't burn on days when Their smoke and odours can rain, fog, or any other aggravate respiratory condi- weather condition prevents tions, soil property, reduce the ready dispersion of visibility and generally lessen smoke. enjoyment of property. * Don 't burn where smoke will If at all possible, do not open bother your neighbours or burn leaves, grass, stumps, blow across roadways and fallen trees, trash, crop stubble hamper driving visibility. and other materials. Smoke from open burning has caused several serious There are other alternatives. traffic accidents in Ontario. Depending upon the nature of the materials involved, they * Check any local by-laws en- can be buried, composted, set forced by your fire or police out for Municipal collection department. If burning above or taken directly to a local Ontario's Fire Line, follow dump or sanitary landfill site. regulations enforced by the Ministry of Natural Resources. If you must burn, follow these The Fire Line runs east from guidelines to keep your fire Lake Huron across the bottom from becoming an air pollution of Georgian Bay and the top of problem. All air pollution Lake Simcoe down to Gananoque, complaints received by the then north and west to meet Ontario Ministry of the Environ- the Ottawa River north of ment are investigated and cor- Renfrew. rective action can be taken under The Environmental Protection Act 1971 . * Burn only dry materials. Don't burn petroleum products, plastics, rubber or anything else that will cause excessive smoke or fumes. * Keep fire at least 500 feet from a dwelling. * Burn less than a cubic yard of material at a time. * Stay with fire at all times.