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SUMMER VILLAGE OF GHOST LAKE
Bylaw 224
BEING A BYLAW OF THE SUMMER VILLAGE OF GHOST LAKE, IN THE PROVINCE OF ALBERTA TO
PROHIBIT THE POSSESSION, SALE, STORAGE, PURCHASE AND DISCHARGE OF FIREWORKS BY
ANY PERSON OTHER THEN A PERSON IN POSSESSION OF A VALID FIREWORKS OPERATORS
CERTIFICATE ISSUED BY THE GOVERNMENT OF CANADA, PURSUANT TO THE EXPLOSIVES ACT
OF CANADA, AND ITS REGULATIONS AND AUTHORIZED BY THE SUMMER VILLAGE OF GHOST
LAKE
WHEREAS, Section 7 (a) of the Municipal Government Act, being Chapter M-26 of the Revised Statutes
of Alberta, 2000, as amended, provides for municipalities to enact bylaws for the safety, health and
welfare of people and the protection of people and property.
AND WHEREAS, Section 8 (a} of the Municipal Government Act, being Chapter M-26 of the Revised
Statutes of Alberta, 2000, as amended, provides for municipalities to enact bylaws to regulate or prohibit.
AND WHEREAS, Section 8 (c) of the Municipal Government Act, being Chapter M-26 of the Revised
Statutes of Alberta, 2000, as amended, provides for municipalities to enact bylaws to provide for a
system of licences, permits or approvals.
AND WHEREAS The Council of the Summer Village of Ghost Lake recognizes that fireworks are explosive
devices which are classified as Dangerous Goods under the Alberta Fire Code and which, when used
improperly by untrained persons, can cause injury, damage, fire and death.
· NOW THEREFORE The Council of the Summer Village of Ghost Lake has determined that the sale,
storage, purchase, possession, and discharge of fireworks not authorized by the Summer Village and by
persons not in possession of a Fireworks Operator Certificate creates an unacceptable level of risk to
life, health, safety and property.
1.
Citation
1.1
This Bylaw may be cited as the "Fireworks Bylaw".
2.
Definitions
2.1
In this Bylaw,
a. "Chief Administrative Officer" means the Chief Administrative Officer of the Summer
Village of Ghost Lake or, his or her designate,
b. "Enforcement Officer" means a Community Peace Officer, Bylaw Enforcement Officer or
Police Officer with authority to enforce the bylaws of the Summer Village of Ghost Lake,
c.
"Fireworks" means and includes one single item of explosive device, listed under the
Explosives Act (R.S.C. 1985, c. E-17) as Class 7 Division 1, or Class 7 Division 2,
Subdivision 1, or 2 of the Explosives Regulations C.R.C., c. 599, excluding the items
commonly referred to as sparklers or toy pistol caps.
d. "Fireworks Operator Certificate" means a certificate issued by the Government of
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Summer Village of Ghost Lake
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Canada under the Explosives Act (R.S.C. 1985, c. E-17) and its Regulations tb
discharge fireworks. This includes both levels of the FOC (Fireworks Operator
Certificate) - Assistant and Supervisor.
e. "fireworks Permit" means an approved administrative application form issued by the
Village of Ghost Lake allowing the use of fireworks within the Summer Village.
f.
"Owner" means:
i.
a person as who is registered on title at the Land Titles Offices;
ii.
a person who is recorded as the owner of the property on the
assessment roll of the Summer Village of Ghost Lake;
iii.
a person who has purchased or otherwise acquired the property,
whether purchased or otherwise acquired from the owner or from
another purchase, and has not become the registered owner thereof;
iv.
a person controlling the property under construction; or
v.
a person who is the occupant of the property under a lease, rental,.
license, or permit.
g. "Person" means an individual and includes a firm, partnership, joint venture, proprietorship,
corporation, association, society and any other legal entity.
h. "Property" means any lands, buildings, structures or premises, or any personal property
located thereupon, within the municipal boundaries of the Summer Village of Ghost Lake;
i.
"Pyrotechnic Display" means 25 units or more of fireworks placed in an area to be
discharged to present a show;
j. "Summer Village" means the Summer Village of Ghost Lake.
2.2
For words not defined in this enactment the definitions in the following enactments, as amended,
in order of precedence shall be used, Municipal Government Act (RS.A. 2000, c M-26), Safety
Codes Act (RS.A. 2000, c. S-1), Alberta Fire Code, Explosives Act (RS.C. 1985, c. E-17), for
words not defined above reference should be made to Canadian Oxford Dictionary (Second
Edition), published by Oxford University Press.
3.
Prohibitions
3.1
No person shall:
(a)
display for sale,
(b)
offer for sale,
(c)
sell,
(d)
purchase; or
(e)
possess to sell,
any fireworks within the Summer Village.
3.2
No person shall store fireworks within the Summer Village.
3.3
No person shall without authorization pursuant to section 4.4:
(a)
obtain,
(b)
give,
(c)
discharge, or
(d)
otherwise possess fireworks within the Summer Village.
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3.4
No person, other than an individual who has a valid Fireworks Operator Certificate and with
authorization under section 4.4, shall set up, operate or discharge a pyrotechnic display within
the Summer Village.
4.
Permissions
4.1
A person holding a valid Fireworks Operator Certificate may conduct a show after receiving an
approved Fireworks Permit in writing from the Chief Administrative Officer.
4.2
A person with a valid Fireworks Operator Certificate will apply in writing, a minimum of 28
Calendar days prior to an event; to the Chief Administrative Officer for a Fireworks - Permit to
conduct a display or show. The application in writing will cover all the information required by the
Explosives Act and the Alberta Fire Code. It will include, but not be limited to:
·
(a) Date, time and location of the proposed event,
(a) Names, addresses and certification numbers of all display
supervisors or pyro technicians and assistants participating in the
show,
(b) The name of the sponsor or purchaser of the event, including
names and contact phone numbers of sponsors,
(c) A full description of the planned event and a list of all materials
to be fired, detonated, burnt or energized during the event,
(d) The location including a drawing of the area including safety zones
(e) The emergency plan for the event,
(f) Verification of liability insurance, in an amount of Five (5) Million Dollars listing the Village
of Ghost Lake as an additional insured,
(g) Payment of the designated application fee, and
(h) Any other information deemed necessary by the Chief Administrative Officer.
4.3
Fireworks Permit's will only be issued for the following:
(a)
Village Annual Regatta (first Saturday and Sunday in August):
20:00 hours (8:00 PM) - 01:00 hours (1:00 AM) January 1
(b)
Special Events specifically approved by a motion of Council
4.4
The Chief Administrative Officer may choose to issue to a person with a valid Fireworks
Operator Certificate, in the form of a signed approved Fireworks Permit giving permission for a
show or display to take place. The Fireworks Permit must be present at the event to be valid.
4.5
The Chief Administrative Officer may choose not to issue a Fireworks Permit to anyone for a
display or show if, in their opinion, such a display or show may create a risk to life, safety or
property, or the Display is not in the best interest of the Community.
4.6
The Chief Administrative Officer may attach any terms and conditions in a Fireworks Permit that
he or she deems appropriate for the individual event.
4.7
The Chief Administrative Officer may choose to revoke any previously issued Fireworks Permit
for reasons of non-compliance with:
(a)
The Alberta Fire Code,
(b)
The Explosives Act,
(c)
The letter of permission, including any terms and conditions,
(d)
Changes in environmental conditions, and\or
(e)
for any reasons of safety to life, limb or property.
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4.8
A copy of the Fireworks Permit issued under section 4.4 with conditions must be present at the
time of the display and provided to an Enforcement Officer when requested.
4.9
No Fireworks Permit issued in any other municipality shall be valid in the Summer
Village to discharge fireworks in the Village.
4.10
Council from time to time by resolution may establish a fee for a Fireworks Permit
authorizing a pyrotechnic display.
5.
Enforcement
5.1
An Enforcement Officer with reasonable and probable grounds may seize, take, remove or
cause to be seized, taken or removed any fireworks offered or exposed for sale, or being held,
or possessed, or used in contravention of this Bylaw.
5.2
Any costs incurred as a result of the seizure or disposal of the fireworks by an Enforcement
Officer, in accordance with Section 5.1 shall be borne by the person in possession of the
fireworks at the time of the seizure or property owner at the time of seizure.
5.3
On reasonable and probable grounds an Enforcement Officer may enter and inspect any place,
other than a dwelling, in which fireworks are stored, transported or used and may open and
inspect any room, container, vehicle, or package that the Enforcement Officer has reasonable
and probable grounds to believe contains fireworks in contravention of this bylaw. Entering a
dwelling must only be done under the authority of a warrant.
5.4
Authority to issue a warrant where on ex parte application to a justice is satisfied by information
on oath that:
·
(a) the conditions for entry described in subsection (5.3) exist in relation to a dwelling house,
( b) entry to the dwelling-house is necessary for any purpose relating to the administration of
this Bylaw, and
(c) entry to the dwelling-house has been refused or there are reasonable grounds to believe
that entry will be refused, the justice may issue a warrant authorizing the Enforcement Officer
named in the warrant to enter the dwelling-house, subject to any conditions that may be
specified in the warrant.
5.5
Any person who obstructs, interferes with, or hinders, an Enforcement Officer in the performance
of the Enforcement Officer's duties pursuant to this Bylaw is guilty of an Offence pursuant to this
bylaw.
5.6
Nothing in this Bylaw shall be read as intending to replace any provision under the Safety
Codes Act or regulations, Federal or Provincial Acts or Regulations.
6.
Penalties
6.1
A breach of this bylaw is an offence.
6.2
An individual who is convicted of an offence pursuant to this bylaw for which no specific penalty
has been provided is liable to a fine of not less than $250.00 and not more than
$10,000.00 or imprisonment for a period not exceeding Sixty (60) Days unless such fine and cost
including the cost of committal are sooner paid.
6.3
Where an Enforcement Officer has reasonable grounds to believe that a person has violated any
provision of this bylaw, the Enforcement Officer may commence Court proceedings against such
person by issuing the person a Part 2 violation ticket pursuant to the provisions of the Provincial
Offences Procedure Act.
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6.4
When a conviction under this bylaw becomes final any fireworks and containers in respect of
which the offence was committed that were seized as part of the penalty for the conviction, shall
be forfeited to the Village.
6.5
If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
a)
specify the fine amount established by this Bylaw in Schedule "A" for the offence; or
b)
require a person to appear in Court without the alternative of making a
voluntary payment.
6.6
This Bylaw will come into force and effect on the date of successful third reading and signing in
accordance with Section 213 of the Municipal Government Act (RS.A. 2000, · C. M-26) as
amended.
READ A FIRST TIME THIS 27th DAY OF June 2015
READ A SECOND TIME THIS 27th DAY OF June 2015
READ A THIRD AND FINAL TIME THIS 27th DAY OF June 2015
"Brian Oblak"
Mayor
"Sharon Plett"
Chief Administrative Officer
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SCHEDULE "A"
3.1(a)
display fireworks for sale
$ 500.00
3.1(b) offer fireworks for sale
$ 500.00
3.1(c) sells fireworks
$1,000.00
3.1.(d) purchase fireworks
$ 500.00
3.1(e)
possess fireworks to sell
$1,000.00
3.2
stores fireworks
$ 250.00
3.3(a)
obtain fireworks
$ 250.00
3.3(b)
gives fireworks
$ 250.00
3.3 (c) discharge fireworks
$ 250.00
3.3(d)
possess fireworks
$ 250.00
3.4
set up, operate or discharge a pyrotechnic display
$ 500.00
5.5
obstructs, interferes with, hinders, an Enforcement Officer
$ 500.00