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CITY OF NIAGARA FALLS <br /> By-law No. 2016 - <br /> A by-law to amend By-law No. 72-211, as amended by By-law No. 81-65 and further <br /> amended by By-law No. 91-10, being a by-law respecting fires. <br /> WHEREAS section 2.4.4.4.(1) of the Fire Code, Ontario Regulation 213/07, prohibits <br /> open air burning unless approved, or unless such burning consists of a small, confined <br /> fire, supervised at all times, and used to cook food on a grill, spit or barbeque; <br /> AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c. 25, as <br /> amended, provides that a Municipality may prohibit and regulate with respect to public <br /> nuisances, including matters that, in the opinion of Council, are, or could become or <br /> cause, a public nuisance; <br /> AND WHEREAS Section 425(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as <br /> amended, permits Council to pass by-laws providing that any person who contravenes <br /> any by-law of the Municipality is guilty of an offence; <br /> AND WHEREAS Council considers excessive smoke or odour from open air burning as <br /> having the potential to cause public nuisance by creating negative health effects on <br /> neighbouring residents, increasing fire hazards and infringing on the enjoyment of the <br /> use of neighbouring properties; <br /> AND WHEREAS Section 7.1(4) of the Fire Protection and Prevention Act, 1997, S.O. <br /> 1997, c. 4, as amended, provides that a Municipality may appoint an officer to enter <br /> upon land and into structures, at any reasonable time, to inspect the land and structures <br /> to determine whether by-laws enacted in accordance with this section are being <br /> complied with; <br /> AND WHEREAS Section 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as <br /> amended, provides that despite any Act, a Municipality and a local board may impose <br /> fees or charges on any person for services or activities provided or done by, or on <br /> behalf of it, or for costs payable by it, for services or activities provided or done by or on <br /> behalf of any other Municipality or local board; <br /> AND WHEREAS Section 446(1) of the Municipal Act, 2001 , S.O. 2001, c. 25, as <br /> amended, provides that if a Municipality has the authority by any Act, or under a by-law, <br /> to direct or require a person to do a matter or thing, the Municipality may also provide <br /> that, in default of it being done by the person directed or required to do it, the matter or <br /> thing shall be done at the person's expense and Section 446(3) provides that the <br /> Municipality may recover the costs of doing a matter or thing from the person required <br /> to do it by action or by adding the costs to the tax roll and collecting them in the same <br /> manner as property taxes; <br /> AND WHEREAS the Council of The Corporation of the City of Niagara Falls is desirous <br /> of enacting a by-law to regulate the setting and maintaining of open air burning and <br /> reducing the public nuisance arising from such fires; <br />