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VILLAGE OF VETERAN
BYLAW NO. 513-13
FIRE ARMS AND FIREWORKS BYLAW
BEING A BYLAW OF THE VILLAGE OF VETERAN IN THE PROVINCE OF
ALBERTA TO REGULATE THE DISCHARGE OF FIREARMS AND TO PROVIDE
FOR THE SAFE POSSESSION, SALE, STORAGE, PURCHASE AND DISCHARGE OF
FIREWORKS WITHIN THE LIMITS OF THE VILLAGE OF VETERAN, IN
COMPLIANCE WITH THE ALBERTA FIRE CODE, AS AMENDED, THE SAFETY
CODES ACT (R.S.A.2000, c. S-1) AND THE EXPLOSIVES ACT (R.S.C. 1985, c. E-17)
WHEREAS the Municipal Government Act, (R.S.A. 2000, c. M-26) as amended, Section 7
provides for municipalities to enact Bylaws for the safety, health and welfare of people and the
protection of people and property.
AND WHEREAS the Municipal Government Act, (R.S.A. 2000, c. M-26) as amended, Section 8
provides for municipalities to enact Bylaws to regulate or prohibit.
AND WHEREAS the Municipal Government Act, (R.S.A. 2000, c. M-26) as amended, provides
for municipalities to enact Bylaws to provide for a system of licenses, permits or approvals.
AND WHEREAS The Council of the Village of Veteran recognizes that fireworks are explosive
devices which are classified as Dangerous Goods under the Alberta Fire Code and which, when
not managed, handled and used properly, can cause injury, damage, fire and death.
AND WHEREAS The Council of the Village of Veteran has determined that the controlled and
managed sale, storage, purchase and discharge of fireworks by persons 18 years of age creates a
manageable level of risk to life, health, safety and property.
AND WHEREAS The Council of the Village of Veteran wishes to limit the sale and use of
fireworks to specific periods of the year in order to effectively manage the risk.
AND WHEREAS The Council of the Village of Veteran wishes to limit the hours of sale of
fireworks in order to effectively manage the risk.
AND WHEREAS the Council of the Village of Veteran deems it necessary to regulate the
discharge of firearms and the firing and setting off of fire balls, squibs, firecrackers or
fireworks within the limits of the Village of Veteran,
NOW THEREFORE the Council of the Village of Veteran duly assembled and pursuant to the
provisions of the said Municipal Government Act and amendments thereto, enacts as follows:
1.
Short Title
This Bylaw may be called the "Fire Arms and Fireworks Bylaw."
2.
Definitions
a) The definitions in the following enactments, as amended, in order of precedence, shall be
used for the purposes of interpreting this Bylaw and its application:
1)
Municipal Government Act (R.S.A. 2000, c. M-26)
2)
Safety Codes Act (R.S.A. 2000, c. S-1)
3)
Alberta Fire Code
4)
Explosives Act (R.S.C. 1985, c. E-17)
b)
For words not defined in the above noted enactments reference should be made to the
Canadian Oxford Dictionary (Second Edition), published by Oxford University Press.
c)
Written Permissions noted in this bylaw shall take the form(s) outlined in Schedule "A"
of this Bylaw.
d) C.A.O shall mean the Chief Administrative Officer of the Village of Veteran.
e)
Fire Chief shall mean the Chief Officer of the Fire Department who is appointed by
Council to manage and administer the Fire Department.
Village of Veteran
Fire Arms and Fireworks Bylaw #513-13
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f) Safety Codes Officer shall mean the Safety Codes Officer in the Fire Discipline, holding
a Designation of Powers to the Village of Veteran.
3
Prohibitions
a)
No person shall discharge a gun and/or guns or other firearms anywhere at any time
within the limits of the Village of Veteran.
b)
No person shall fire and/or set off fire balls, squibs, crackers or fireworks or energize a
pyrotechnics display at any time within the limits of the Village of Veteran without the
express permission in writing of Village Council, the Fire Chief, or Safety Codes Officer.
c)
No person shall wholesale, display for sale, offer for sale, sell, possess or store any
fireworks within the Village of Veteran without the written permission of the Village
Council, the Fire Chief, or Safety Codes Officer. This permission must include approval
and acceptance of the storage area and the required Fire Safety Plan as outlined in the
Alberta Fire Code.
d)
No person shall sell fireworks to any person without seeing that person's Driver's License
or other photo identification issued by the Governments of Canada or Alberta.
e)
No person shall sell fireworks to anyone under the age of 18 years.
f)
No person under the age of 18 years shall purchase fireworks.
4
Permissions
a)
All persons purchasing, possessing, handling, distributing, offering for sale, storing,
selling, discharging, firing or setting off fireworks or pyrotechnics displays shall conform
to all requirements of the Alberta Fire Code.
b)
That any retail vender selling fire balls, squibs, firecrackers or fireworks be required to
display a full size copy of this Bylaw in a prominent location within 2 feet of the
Fireworks display or the cashier's till, and that a copy of this bylaw shall be provided to
every customer purchasing Fireworks (copies of Bylaw to be provided by the Village of
Veteran).
c) A retail vendor wishing to sell fireworks to persons in the Village of Veteran must retain
all the information required from every purchaser by the Alberta Fire Code for a period
of not less than two years as outlined in the Alberta Fire Code. This information will
include:
1)
The date of the sale,
2)
The name, address and phone number of the purchaser,
3)
A description of the fireworks sold,
4)
The date and time the fireworks will be discharged,
5)
The location and description of the site where the fireworks will be
discharged.
d) Any person wishing to purchase fireworks must follow the regulations of the
municipality where the fireworks will be discharged or from a Forest Officer where the
discharge is to take place within a forest protection area. The regulations are as follows:
1)
The person will not discharge these fireworks over public lands and
forests without written permission.
2)
The person will not discharge these fireworks within 10 meters of any
building, or 200 meters of any flammable or combustible liquids storage,
or 250 meters of any correctional institute, nursing home or hospital.
3)
The person will not discharge these fireworks if the wind exceeds
45km/h.
4)
Should a Safety Codes Officer/Fire Chief order a halt to the display for
safety reasons, the person will immediately comply.
e)
Fireworks may only be sold, purchased and discharged within the following annual
timeframes:
Village of Veteran
Fire Arms and Fireworks Bylaw #513-13
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1)
Ten calendar days prior to and inclusive of the Victoria Day holiday.
2)
Ten calendar days prior to and inclusive of the Sunday following the
Canada Day holiday.
3)
Ten days prior to and inclusive of New Year's Day.
4)
Other timeframes of ten calendar days or less which may be allowed for
on a one time basis by resolution of council.
5
Penalties
a) Any person found guilty of a breach of this Bylaw shall be subject to a fine in the amount
of not less than $250.00 for a first offence, $500.00 for the second offence and up to a
maximum fine of $750.00 for a third office and each subsequent offence.
b)
Upon any conviction made pursuant to this bylaw, it shall be lawful for a Peace Officer
acting on behalf of the Village of Veteran to order that all firearms be confiscated for a
period of not less than six months and not to exceed two years.
c) An Enforcement Officer (C.A.O., Community Peace Officer, Bylaw Enforcement Officer
or Police Officer) with authority to enforce the bylaws of the Village of Veteran 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 violation ticket pursuant to the provisions of the Provincial Offences
Procedure Act.
d) The issuance of a violation ticket as noted in 5.c shall require a Court appearance by the
person pursuant to Part 2 of the Provincial Offences Procedure Act.
e) Where a Safety Codes Officer in the Fire Discipline, holding a Designation of Powers to
the Village of Veteran, or an Enforcement Officer noted in 5.c above, has reasonable
grounds to believe that a person has violated any provision of the Alberta Fire Code, they
may commence Court proceedings under the Safety Codes Act against such person by
filing an Information pursuant to the provisions of the Provincial Offenses Procedure Act.
6
Severability
Despite that any section or sections of this bylaw, or any part or parts thereof, may be
found by any court of law to be invalid or illegal that section or sections or part or parts
thereof shall be deemed to be severable, and all other sections of this bylaw, or parts
thereof, are separate and independent there-from and enacted as such.
This Bylaw will come into force and effect on the date of successful third reading and signing in
accordance with the Municipal Government Act (R.S.A. 2000, c. M-26) as amended.
READ A FIRST TIME IN OPEN COUNCIL this _24th day of September, 2013
READ A SECOND TIME IN OPEN COUNCIL this 24
th day of September, 2013
READ A THIRD TIME IN OPEN COUNCIL this 24
th day of September, 2013
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Mayor
Chief Administrative Officer
Village of Veteran
Fire Arms and Fireworks Bylaw #513-13
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