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HomeMy WebLinkAboutCD-37-86 (a) TOWN OF NEWCASTLE r-¢ REPORT File # Res. By-Law # (STING: General Purpose and Administration Committee DATE: July 7, 1986 REPORT #: CD-37-86 FILE #: 10.13.3 SUB.ECT: Town of Newcastle Burning By-law #75-33 As Amended RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report CD-37-86 be received; and 2. That Town of Newcastle By-law #75-33 as amended be repealed; and 3. That open air burning be prohibited within the boundaries of the Town of Newcastle, unless approved in writing by the Fire Chief, pursuant to the Fire Marshall 's Act, Ontario Regulation 730/81 , Fire Code; and 4. That all persons presently in possession of burning permits be advised that such permits have been cancelled; and 5. That an advertisement be published advising all residents that open air burning is prohibited in the Town of Newcastle; and 6. That Resolution GPA-617-86 approving of the recommendation in Report FD-18 be rescinded. . . . .2 REPORT CD-37-86 Continued Page 2 BACKGROUND AND COMMENT: Following the Commitee's approval of the recommendations contained in Report FD-18, By-law Enforcement reviewed by-law #75-33 as amended and based upon that review, and comments obtained from other municipalities I would advise as follows: The by-law is almost impossible to enforce given the structure of the by-law and the vagueness of Section 2 which states: "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 and shall provide that person with efficient appliances and equipment in order to prevent the fire from getting beyond control or causing damage or becoming dangerous." The difficulty with this section relates to the establishment of definitions relating to "competence", "efficient appliances", "control of fires" etc. The amendment to by-law #75-33 (#75-84) provides for an exclusion or special consideration for two of three wards, "Save and except the burning of leaves in Ward 1 and 3 in the autumn between September and November provided the leaves are burned on private property". The opinion is that burning is no different in an urban setting than a rural one. Save and except that complaints are more likely to arise in an urban area. One other issue that encourages staff to recommend the repeal of the by-law and its replacement with a system which allows the Fire Chief to determine who may burn is the question of liability. As the approving, or authorizing agency, the municipality could be joined as a party in an action where damages resulted from the burning of materials in the open as authorized by a municipal burning permit. The Town of Newcastle and Ajax, and the Township of Uxbridge have burning by-laws. The other surrounding municipalities have either repealed, or have never enacted a burning by-law, preferring to leave the approval of requests for permission to burn in the hands of the person qualified to deal with them: the Fire Chief. Staff would therefore request that the Committee support the recommendations detailed in this report. Respectfully submitted, David W. Oakes, Bria rP. Ir in, ClerkJAdministrator. By-1 w E rcement Officer. DWOJBPI/os.