Aldermen Want Permits For Fire Pits

[Cowboy89]

Originally Posted by Ford Prefect

Our son has asthma, and wood fires have never been a problem for him.

I'm categorically opposed to law makers legislating restrictions on legal lifestyle choices.

X6, I have asthma and love backyard fires too. Yet another example of city aldermen who can't meet a payroll trying to rule you like kings. Throw this on the steaming trash heap with the drive-thru ban idea.

[GGG]

Originally Posted by Nancy

The current bylaw prohibits burning leaves, garbage, and yard waste, but I think it should be expanded to prohibit "the burning of green or damp wood and any other material which produces excessive smoke." I would define excessive smoke as "including any smoke that visibly drifts into adjacent properties."

We have a fire pit but use it only only 2-3 times a year, and even then we only burn wax logs and dry (retail packaged) wood. We have a neighour, however, I don't know what he burns, but it feels like there is a forest fire in our neighbourhood when he uses his pit.

I would strongly oppose your ammendment to the bylaw. I think that excessive smoke defintion could be used by "crazy" neighbours to ruin a lot of peoples reasonable fires. For example everytime you put out a fire it would violate the bylaw as "visible smoke" would go over the fence. Even with good would there are times when a larger log is burning that it will produce enough smoke to violate your proposed bylaw. I understand the spirit of what you are saying and agree with it and try to build my fires to that standard as no one sitting around a fire likes a smokey fire either but I think the potential for abuse is too high.

[SportsJunky]

Originally Posted by FlamesKickAss

I call BS.

I have asthma and I fall in the fire and have no problems.

Fixed.

[troutman]

Originally Posted by Ford Prefect

Our son has asthma, and wood fires have never been a problem for him.

I'm categorically opposed to law makers legislating restrictions on legal lifestyle choices.

Nuisance is not legal, it is a tort:

http://en.wikipedia.org/wiki/Nuisance

Under the common law, persons in possession of real property (either land owners or tenants) are entitled to the quiet enjoyment of their lands. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.

[Ford Prefect]

Originally Posted by troutman

Nuisance is not legal, it is a tort:

http://en.wikipedia.org/wiki/Nuisance

Under the common law, persons in possession of real property (either land owners or tenants) are entitled to the quiet enjoyment of their lands. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.

Lawyers.

[Nancy]

Originally Posted by troutman

Nuisance is not legal, it is a tort:

http://en.wikipedia.org/wiki/Nuisance

Under the common law, persons in possession of real property (either land owners or tenants) are entitled to the quiet enjoyment of their lands. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.

Exactly. In a way, the firepit bylaw exists to permit fire pits as much as it does to control them. By modern standards of behaviour and justice, fire pits are anathematic, being both sources of pollution and safety hazards. They stink, and in communties of vinyl sided houses 8 feet apart, they are gross safety hazards. This is why they are banned in pretty much every real city. They can only continue to exist if meaningful controls and standards are set and enforced for their usage.

[V]

Yet another reason I'm glad I'm on an acreage...

[CrusaderPi]

Originally Posted by V

Yet another reason I'm glad I'm on an acreage...

Does your acreage have a roof?

[V]

That isn't allowed to haunt me in this forum you jerk.

[jayswin]

Originally Posted by troutman

Nuisance is not legal, it is a tort:

.

Seriously, what the **** just happened in that sentence?

[jammies]

Originally Posted by flameswin

Seriously, what the **** just happened in that sentence?

A tort is much like a tart, except usually large enough that you bake it in a pan like a pie. So what troutman is saying is that if your neighbor annoys you by burning huge piles of wood, bodies and old skin mags, you have the legal recourse to steal pastry out of his house.

Don't thank me, I do this for a living.

[FlamesKickAss]

Originally Posted by jammies

A tort is much like a tart, except usually large enough that you bake it in a pan like a pie. So what troutman is saying is that if your neighbor annoys you by burning huge piles of wood, bodies and old skin mags, you have the legal recourse to steal pastry out of his house.

Don't thank me, I do this for a living.

oh man thats gold. thank god I wasnt drinking any liquid

[troutman]

Originally Posted by flameswin

Seriously, what the **** just happened in that sentence?

Sorry for the legal jargon:

http://en.wikipedia.org/wiki/Tort

Tort law is the name given to a body of law that creates, and provides remedies for, civil wrongs that do not arise out of contractual duties.[1] A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or "liable," for those injuries. Generally speaking, tort law defines what constitutes a legal injury, and establishes the circumstances under which one person may be held liable for another's injury. Torts cover intentional acts and accidents.

[BigFlameDog]

The whole backyard firepit probably was (is?) a good idea when the yards are reasonably sized....like the older (15+years old) neighborhoods. We just moved out of one of the fishbowl neighborhoods in Royal Oak and the fact that firepits are allowed in the city is ridiculous/ludicrous etc, etc, etc, when you live in a spot like that.

Think about it, they are so close together that they are legislating building materials and codes so they can keep cramming them together and try to avoid a fire, but they allow a firepit in the backyard.

I like a firepit....I do not like not being able to open my window in the summer and worrying about my house catching fire.