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TOWN OF LAKE COWICHAN
Fireworks Bylaw No. 807-2005
A By-law to regulate the use and sale of fireworks.
WHEREAS, pursuant to Section 8 of the Community Charter, Council may, by by-law,
regulate, prohibit and impose requirements in relation to firecrackers, fireworks and
explosives;
AND WHEREAS, pursuant to Section 8 of the Community Charter, Council may, by by-law,
regulate, prohibit and impose requirements in relation to the protection and enhancement of
the well-being of its community in relation to noise, vibration, odour, dust, illumination or any
other matter that is liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience
of individuals or the public;
AND WHEREAS, Council deems it expedient and desirable to provide such regulations;
NOW THEREFORE, the Council of the Corporation of the Town of Lake Cowichan, in open
meeting assembled, ENACTS AS FOLLOWS:
SECTION 1 - TITLE
1.1
This Bylaw may be cited as "Town of Lake Cowichan 2005 Firecrackers and Fireworks
Regulations Bylaw No. 807-2005".
SECTION 2 - DEFINITIONS
2.1
In this By-law:
"COUNCIL", means the Municipal Council of the Town of Lake Cowichan;
"CONSUMER FIREWORKS" means all fireworks of every kind, except display
fireworks, Christmas crackers, sparklers and caps for toy guns;
"DISPLAY APPLICATION" means an application for a display permit in the form
attached as Schedule "A" to this bylaw;
"DISPLAY FIREWORKS" means Class 7, Division 2, Subdivision 2 explosives as
defined in the Explosives Regulations C.R.C., c.599 (being generally described as large
fireworks used for public fireworks displays), except firecrackers, and theatrical
pyrotechnic effects;
"DISPLAY PERMIT" means a current and valid permit in the form attached as
Schedule "A" to this bylaw authorizing a person to fire or set off display fireworks;
"INSURANCE REQUIREMENTS" means the liability insurance requirements set out
in Schedule "C" to this bylaw;
"FIRE CHIEF", means the person who is appointed to be head of the Town of Lake
Cowichan Fire Department and every person designated by Council under the
Community Charter by name of officer or otherwise to act in the place of the Fire Chief;
"FIRE DEPARTMENT", means the organization known as the Town of Lake Cowichan
Volunteer Fire Department;
"LOCAL ASSISTANT" means the local assistant of the Fire Commissioner who has
jurisdiction in the Town;
Town of Lake Cowichan 2005 Firecrackers and Fireworks Regulations Bylaw No. 807-2005
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"PEACE OFFICER", means a member of the Volunteer Fire Department of the Town
of Lake Cowichan, acting as a Local Assistant to the Fire Commissioner as defined
under the Fire Services Act [RSBC 1996] CHAPTER 144 or any person employed by the
Town of Lake Cowichan as a By-law Enforcement Officer, or any person carrying out
the duties of a R.C.M.P. Officer in the detachment at the Town of Lake Cowichan;
"SALES APPLICATION" means an application for a sales permit in the form attached
as Schedule "F" to this bylaw;
"SALES PERMIT" means a current and valid permit in the form attached as Schedule
"F" to this bylaw authorizing a person to sell, offer for sale or otherwise dispose of
consumer fireworks to a person of 18 years of age or older; and
"TOWN", means the Town of Lake Cowichan.
SECTION 3: GENERAL
3.1
This bylaw may be enforced my means of a ticket in the form prescribed for the
purpose by Section 264 of the Community Charter.
SECTION 4: PROHIBITIONS
4.1
No person may sell or otherwise dispose of consumer fireworks or display fireworks to
any person under 18 years of age.
4.2
No person may sell, offer for sale or otherwise dispose of consumer fireworks to any
person 18 years of age or older without a sales permit.
4.3
No person may sell, offer for sale or otherwise dispose of a Roman candle or
firecracker.
4.4
No person may sell, offer for sale or otherwise dispose of firecrackers.
4.5
No person may fire, set off or explode firecrackers.
4.6
No person may fire, set off or explode display fireworks without a display permit.
4.7
Except between October 26th and 6.00 P.M. on October 31st, in each calendar year, no
person may sell or otherwise dispose of consumer fireworks.
4.8
Except between October 28th and November 1st in each calendar year no person may
fire, set off or explode consumer fireworks.
4.9
No sales permit holder may sell, offer for sale or otherwise dispose of consumer
fireworks in contravention of that sales permit.
4.10 No display permit holder may store, fire, set off, explode or otherwise use display
fireworks in contravention of that display permit.
4.11 No person may store, fire, set off, explode or otherwise use consumer fireworks or
display fireworks in an unsafe manner.
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SECTION 5: DISPLAY PERMITS
5.1
Any person 18 years of age or older desiring to fire, set off or explode display fireworks
for the purpose of the observance or celebration of a special event or festival may apply
for a display permit by submitting to the local assistant, at least ten days prior to the
date upon which the fireworks event is to occur:
(1)
a completed display application;
(2)
if the fireworks event is to occur on property that is not owned by the applicant
or owned or controlled by the Town, a written agreement of the property owner
in the form attached as Schedule "D";
(3)
if the fireworks event is being organized or sponsored by any person other than
the applicant, a written agreement of such person in the form attached as
Schedule "E";
(4)
evidence that the applicant is authorized by Natural Resources Canada to
possess and fire or set off display fireworks; and
(5)
a display permit application fee of $50.00.
5.2
The local assistant will consider all display applications and issue a display permit to an
applicant if:
(1)
the property upon which the fireworks event is to occur is available for such use
on the date and time set out in the display application;
(2)
the fireworks event will not create a public safety risk or risk to public or private
property; and
(3)
the applicant has submitted to the local assistant the items described in Section
5.1 and any additional information in relation to the fireworks event that the
local assistant may require.
5.3
Every display permit holder must comply with the insurance requirements.
5.4
The local assistant may rescind a display permit in the event:
(1)
circumstances arising or ascertained after the display permit was issued
demonstrate that a public safety risk or risk to public or private property exists in
connection with the fireworks event; or
(2)
the local assistant determines that the display permit holder submitted false or
inaccurate information in his or her display application.
SECTION 6 - SALES PERMITS
6.1
Any person desiring to sell, offer for sale or otherwise dispose of consumer fireworks
may apply for a sales permit by submitting to the local assistant:
(1) a completed sales application; and
(2) a sales application fee of $100.00.
6.2
The local assistant will consider all sales applications and issue a sales permit to an
applicant:
(1)
if the applicant:
(a)
is 18 years of age or older (where the applicant is an individual);
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(b)
has submitted the items described in Section 6.1 and any additional
information in relation to the applicant's intention to sell, offer for sale or
otherwise dispose of consumer fireworks;
(c)
holds a current and valid business licence issued by the Town;
(d)
does not already have a sales permit; and
(e)
has not previously held a sales permit that was cancelled or rescinded at
any time during the two years prior to the date the sales application is
submitted to the local assistance; and
(f)
a sales permit has not already been issued in respect of a parcel or
location described in the sales application.
6.3
The local assistant may rescind a sales permit if the local assistant determines that the
sales permit holder submitted false or inaccurate information in his or her sales
application.
6.4
A sales permit expires at 12.00 a.m. November 1 in the year of its date of issue.
SECTION 7 - ENFORCEMENT
7.1
A display permit is cancelled if the display permit holder:
(1)
fails to comply with any term or condition of the display permit without the prior
written consent of the local assistant; or
(2)
violates or breaches any of the provisions of this bylaw.
7.2
A sales permit is cancelled if the sales permit holder:
(1)
fails to comply with any term or condition of the sales permit without the prior
written consent of the local assistant;
(2)
violates or breaches any of the provisions of this bylaw; or
(3)
ceases to hold a current and valid business licence issued by the Town.
7.1 Every person who contravenes any provision of this Bylaw is guilty of an offence under
the Offence Act and is liable on summary conviction to a fine of not less than $500.00
and not more than $10,000.00 or imprisonment of not more than six months.
7.2
Pursuant to Section 264(1)(b) of the Community Charter, Peace Officers are designated
to enforce this bylaw.
7.3
Pursuant to Section 264(1)(c) of the Community Charter, the words or expression in
Column 1 of Schedule "B" to this bylaw designate the offence committed under the
bylaw section number appearing in Column 2 opposite the respective words or
expression.
7.4
Pursuant to Section 265(1)(a) of the Community Charter, the fine amount in Column 3
of Schedule "B" to this bylaw is the fine amount that corresponds to the section number
and words or expression set out in Columns 1 and 2 opposite the fine amount.
7.5 Every person who violates or breaches any of the provisions of this bylaw is guilty of an
offence and each day that the violation is caused or allowed to continue constitutes a
separate offence.
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SECTION 8 - SEVERABILITY
8.1
If any section, subsection or clause of the By-law is declared or held to be invalid by a
court of competent jurisdiction, then that invalid portion shall be severed and the
remainder of this By-law shall be deemed to have been enacted and adopted without
the invalid and severed section, subsection or clause.
READ A FIRST TIME on the 23rd day of August, 2005.
READ A SECOND TIME on the 23rd day of August, 2005.
READ A THIRD TIME on the 11th day of October, 2005.
RECONSIDERED, FINALLY PASSED and ADOPTED by the Municipal Council of the Town of
Lake Cowichan on the 18th day of October, 2005.
.
.
W. J. (Jack) Peake
Joseph A. Fernandez
Mayor
Corporate Officer
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SCHEDULE "A"
ATTACHED TO AND FORMING PART OF BYLAW NO. 807-2005
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Town of Lake Cowichan 2005 Firecrackers and Fireworks Regulations Bylaw No. 807-2005
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Schedule "B"
ATTACHED TO AND FORMING PART OF BYLAW NO. 807-2005
TOWN OF LAKE COWICHAN
Fireworks Bylaw 807-2005
Offence
Section
Fine
Sale of consumer fireworks without sales permit
4.2
$ 1,000.00
Sale or disposition of Roman candles or
firecrackers
4.3
$ 1,000.00
Discharge of Roman Candles
4.5
$ 1,000.00
Discharge of display fireworks without display
permit
4.7
$ 1,000.00
Sale or trade consumer fireworks before 26th
October and after 6.00 p.m., October 31st in
any year
4.8
$ 1,000.00
Discharge of consumer fireworks contrary to
bylaw
4.9
$ 1,000.00
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SCHEDULE "C"
ATTACHED TO AND FORMING PART OF BYLAW NO. 807-2005
Insurance Requirements
1.
A display permit holder shall, at his or her own expense, for the duration of the
fireworks event, secure and maintain a Comprehensive General Liability insurance policy
with an inclusive limit of not less than $5,000,000.00 per occurrence for bodily injury
and property damage.
2.
The Comprehensive General Liability insurance policy shall:
(1)
include all premises and operations necessary or incidental to the fireworks
event;
(2)
include "Broad Form" Property Damage coverage on an occurrence basis,
including loss of use of property;
(3)
include, but not necessarily be limited to, the following coverages:
(a)
Contingent Employers Liability;
(b)
Owners and Contractors Protective Liability;
(c)
Contractual Liability assumed with respect to the event;
(d)
Non-Owned and Hired Auto;
(e)
Personal Injury Liability;
(4)
include the Town, its elected officials, officers, agents and employees, and
contractors acting on behalf of the Town, as additional insureds;
(5)
be primary and non-contributing with respect to any insurance carried by the
Town;
(6)
not include a deductible greater than $5,000.00 per occurrence (unless the Town
dvises in writing that it has determined that a greater deductible is acceptable);
(7)
include a Cross Liability clause;
(8)
preclude subrogation claims by the insurer against any of the insureds;
(9)
include a provision requiring the insurer to give the Town 30 days' prior written
notice before making any material change to the insurance coverage, or the
termination or cancellation thereof;
(10)
provide that the Town, its elected officials, officers, agents and employees, and
contractors acting on behalf of the Town are protected notwithstanding any act,
neglect or misrepresentation of the display permit holder which might otherwise
result in the avoidance of a claim and that such policy is not affected or
invalidated by any act, omission or negligence of any third party which is not
within the knowledge or control of the insureds; and
(11)
be underwritten by a responsible insurance company or companies licensed to
do business in the Province of British Columbia and that meet with the
reasonable approval of the Town.
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3.
Seven days prior to the fireworks event and upon the Town's written request from time
to time, the display permit holder shall furnish the Town with a certificate or certificates
of insurance as evidence that the required insurance is in force.
4.
Maintenance of the insurance required herein and the performance by the display
permit holder of his or her obligations under this clause shall not relieve the display
permit holder from liability under any covenant to indemnify the Town.
5.
It shall be the sole responsibility of the display permit holder to determine his or her
own additional insurance coverages, if any, including workers' compensation, that are
necessary and advisable for his or her own protection or to fulfil his or her obligations
with respect to the fireworks event. Any such additional insurance shall be secured and
maintained by the display permit holder at his or her own expense.
6.
The foregoing insurance provisions shall not limit the insurance the display permit
holder is required to secure and maintain by provincial or federal law.
7.
If the display permit holder fails to secure or maintain insurance as required herein,
then the Town shall have the right, but not the duty or obligation, to secure and
maintain such insurance and give evidence thereof to the display permit holder. The
display permit holder shall pay the cost thereof to the Town on demand or the Town
may deduct such cost from any amount that is due or may become due to the display
permit holder from the Town.
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SCHEDULE "D"
ATTACHED TO AND FORMING PART OF BYLAW NO. 807-2005
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SCHEDULE "E"
ATTACHED TO AND FORMING PART OF BYLAW NO. 807-2005
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SCHEDULE "F"
ATTACHED TO AND FORMING PART OF BYLAW NO. 807-2005
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