A new smoke control bylaw proposed for Halfmoon Bay would lay stiff penalties on repeat offenders.
Modelled after a similar bylaw for Roberts Creek, the bylaw sets out higher ticket fines for infractions under the bylaw enforcement notification (BEN) system -$100 for a first offence, $200 for a second, $300 for a third, and $400 for a fourth offence or more.
The heavier fines reflect the will of residents, Halfmoon Bay director Garry Nohr said at the May 16 planning and development committee meeting.
"At all the public meetings we had, the number one thing that came up is fine the people who do this, and fine them heavy," Nohr said.
The bylaw was referred to the board for first and further readings toward adoption.
Offences include burning without a permit, burning when the venting index is below good, burning material not originating from site, unattended fires, and nuisance airborne particulates stemming from burning.
The bylaw also includes a definition of nuisance airborne smoke emission as "smoke containing particulates that cause or tend to cause irritation to the eyes, nose or respiratory system."
The bylaw specifies that a person responsible for a backyard or outdoor fire "must ensure that the activity does not result in nuisance airborne smoke emissions that cause or tend to cause physical discomfort or an adverse health effect to any person in the neighbourhood or vicinity of the activity."
The bylaw also sets a minimum fine of $100 and a maximum penalty of $10,000, or imprisonment of not more than six months, if a person is found guilty of contravening the bylaw.
The decision to adopt a smoke bylaw for Halfmoon Bay followed an extensive survey conducted last year, "indicating a desire of the residents to still permit burning, but with some restrictions including fines," Peter Longhi, chief building inspector and bylaw manager, reported to the committee.
The survey, Longhi said, "indicated there has been considerable concern over smoke, airborne particulates as a result of burning such as ash and embers and other potential airborne contaminants that could cause respiratory concerns among residents sensitive to these."
In an unrelated motion, the board asked staff to prepare a report on increasing penalties for builders who "build now and ask for forgiveness later."
Egmont/Pender Harbour director Frank Mauro said simply doubling the fees does not cover the additional staff time to process the after-the-fact applications.
"I think we lose money on these," Mauro said. "The other thing is we are creating a very unfair situation and environment for contractors who are honourable and will not build without a permit. The unscrupulous builders will get the business."
The report and recommendations will come back to the planning and development committee next month for review.
