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WHEREAS pursuant to the Municipal Act R.S.O. 1990 C M45 S.35, the Council of a municipality may pass a by-law for prescribing for the whole or any part of the municipality 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 the Council of a local municipality may, pursuant to The Municipal Act R.S.O. 1990 C M45, S 210 (49), pass by-laws providing for making such regulations for preventing fires and the spread of fires as the council considers necessary;

AND WHEREAS the Council of the Corporation of the Township of Ashfield-Colborne-Wawanosh deems it necessary, in the public interest, that this by-law be passed for property located within the following areas of the Township of Ashfield-Colborne-Wawanosh, exempting areas zoned RC2: (a) Century Heights Subdivision; (b) Maitlandview Estates Subdivision; (c) Village of Saltford; (d) Benmiller Heights Subdivision; (e) Dungannon; (f) Port Albert (g) Auburn Area within Ashfield-Colborne-Wawanosh limits (h) Nile;

NOW THEREFORE the Council of the Corporation of the Township of Ashfield-Colborne-Wawanosh enacts as follows:

1. No fire shall be deliberately set for the purpose of burning grass, brush, leaves, garbage, or other materials, within the territorial limits as identified in this By-Law.

2. Bonfires or Campfires, for recreational purposes only, within the territorial limits as identified in this by-law may be allowed providing that the following precautions are followed:

Any bonfire or campfire shall be burned in a fire pot; said pot to conform to the following:

a) Fire pot should be of a truck rim, or similar type construction.

b) Be buried at least 3" below ground level for stability.

c) Two foot perimeter around the pot, consisting of a flame retardant material - such as concrete, brick or patio stones.

A screen be placed over the top of the pot while in use to prevent pieces of embers from escaping.

e) A cover to place over the pot, when leaving the fire.

The position of the fire pot should be that of a safe distance (25 feet) away from any other out buildings, or flammable materials.

g) Only clean dry wood or paper is burned in the fire.

In the event that a fire directly caused to burn grass, brush or other materials, whether deliberately set or otherwise burns out of control, requires the assistance of fire-fighting or fire protection services, then all costs in connection with the providing said fire assistance shall be borne by the assessed owner on whose property the fire was either deliberately set or otherwise ignited.

The By-Law Enforcement Officer, or other officers as so directed by the Council of the Township of Ashfield-Colborne-Wawanosh from time to time, shall enforce this by-law.

Any person contravening the provisions of this by-law shall pay a $ 50.00 administration charge.

Every person who contravenes a section of this by-law is guilty of an offence and subject to penalty as provided for under the Provincial Offences Act.

This By law supersedes By-Law No. 55-2002

This By-Law shall be referred to as the Burning By-Law.

8. This By-Law shall come into force and take effect upon the date of the final passing thereof.

Read and First and Second time this 15^th day of October, 2002.

Read a Third time and finally passed this 15th day of October , 2002.

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Reeve, Ben Van Diepenbeek Administrator/Clerk-Treasurer, Mark Becker