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BY-LAW 1215/10
ALL CLASS FIREWORKS BYLAW
STURGEON COUNTY, MORINVILLE, ALBERTA
______________________________________________________________________________
BEING A BYLAW OF STURGEON COUNTY TO PERMIT THE STORAGE, GIVING
AWAY, SALE AND DISCHARGE OF HIGH AND LOW HAZARD FIREWORKS.
WHEREAS pursuant to the provisions contained in Section 7(f) of the Municipal
Government Act RSA 2000, c.M-26, a Council may pass bylaws for municipal purposes
respecting services provided by or on behalf of a municipality; and
WHEREAS Council wishes to pass a bylaw pursuant to Section 7(f) of the said Act and
provide a policy which will preserve life and property from fire through the safe storage, giving
away, sale and discharge of high and low hazard fireworks in accordance with the current edition
of the Alberta Fire Code.
NOW THEREFORE the Council of Sturgeon County in regular meeting duly assembled
enacts as follows:
1. IN THIS BYLAW THE FOLLOWING DEFINITIONS SHALL APPLY:
a. "High Hazard Fireworks" means those types of fireworks that only persons certified
under the Canadian Explosives Act, may store, transport and discharge. For example
these are typically used at large events at fairs, exhibitions, Canada Day displays.
b. "Low Hazard Fireworks" means those types of fireworks which are regulated for
storage, sale and discharge under the Alberta Fire Code, but do not require
certification for handling, transporting or discharge. Commonly referred to as SHOP
GRADE or FAMILY FIREWORKS.
c. "ALBERTA FIRE CODE" means the most current version of fire safety regulations
adopted by the Province of Alberta and legislated under the Safety Codes Act
d. Enforcement Officer means a Community Peace Officer or RCMP who are
authorized to enforce Bylaws of the County.
e. Fire Chief means the individual who is appointed fire chief of the County, or his
delegate authorized to act in his place.
2. HIGH HAZARD FIREWORKS
a. Any applicant wishing to discharge HIGH HAZARD FIREWORKS must apply to
Sturgeon County a minimum of three weeks in advance of the event or proposed
discharge. After receipt of a completed application in the form approved by the
County Commissioner together with such fees as is approved by County Council
BYLAW 1215/10 PAGE 2
from time to time, the application form shall be forwarded to the Managers of
Finance and Protective Services for review. The decision to approve or deny the
application shall be made by the Fire Chief after receiving comment from the
Manager of Finance & Protective Services. The decision of the Fire Chief is final.
b. The sale or storage of HIGH HAZARD FIREWORKS are prohibited in Sturgeon
County.
3. LOW HAZARD FIREWORKS
a. No person shall purchase, possess, transport, give away, store or discharge LOW
HAZARD FIREWORKS within Sturgeon County unless he/she holds a valid permit
for that purpose issued by the Fire Chief or his delegate, after receipt of an application
in the form approved by the County Commissioner, together with such fee as is
approved by County Council from time to time. The decision of the Fire Chief is
final.
b. No person shall sell, give away or store LOW HAZARD FIREWORKS in Sturgeon
County unless he/she holds a valid permit for that purpose, issued by the Fire Chief or
his delegate, after receipt of an application in the form approved by the County
Commissioner, together with such fee as is approved by County Council from time to
time. The decision of the Fire Chief is final.
4. Permits issued under this Bylaw are not transferable.
5. LOW HAZARD FIREWORKS and HIGH HAZARD FIREWORKS shall not be sold, given
away or discharged during times of fire advisory or fire bans.
6. The Fire Chief or his delegate may refuse a permit application or cancel any permit. In the
event a permit is cancelled, the permit holder shall be notified by the County of the
cancellation and the reason for the cancellation, as soon as is practicable.
7. Possessing, transport, give away, storage or discharge of LOW HAZARD FIREWORKS
purchased outside of Sturgeon County boundaries, must comply with the regulations as
stated in the most current version of the Alberta Fire Code and the permit requirements under
this bylaw.
8. LOW HAZARD FIREWORKS shall not be possessed, handled, transported, sold, given
away, stored or discharged by anyone under the age of 18 years.
9. Breach of this bylaw is an offence and upon conviction shall be subject to the penalties for
contravening this by-law shall be identified in Schedule "A" and in the absence of a specified
penalty, to a fine not less than $100.00 and not more than $1000.00.
BYLAW 1215/10 PAGE 3
10. 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 a person by issuing the person a violation ticket pursuant to the provisions of
the Provincial Offences Procedures Act.
11. Where an Enforcement Officer issues a person a violation ticket in accordance with this
bylaw, the Officer may either:
a. Allow the person to pay the specified penalty as provided for the offence in Schedule
"A" of this bylaw by including such specified penalty in the violation ticket; or
b. Require a Court appearance of the person where the Enforcement Officer believes
that such appearance is in the public interest, pursuant to the provisions of Part 2 of
the Provincial Offences Procedures Act.
EFFECTIVE DATE:
That this Bylaw shall come into force and take effect upon the date of third reading and signing
in accordance with Section 213 of the Municipal Government Act, R.S.A. 2000 C.M-26, and
amendments thereto.
12. Bylaw 1201/09 is hereby repealed
Read a first time this 11th day of May 2010.
Read a second time this 11th day of May 2010.
Read a third time 11th day of May 2010.
BYLAW 1215/10 PAGE 4
SCHEDULE "A" STURGEON COUNTY ALL CLASS FIREWORKS BYLAW
______________________________________________________________________________
Section 2(a) failure to secure a high hazard fireworks permit, or follow the conditions
of the permit. $1000
Section 3(a) failure to secure a low hazard fireworks permit, or follow the conditions of
the permit. $500
Section 3(b) failure to secure a fireworks Vendor's permit, or follow the conditions of
the permit. $1000