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THE CORPORATION OF THE VILLAGE OF MONTROSE
BYLAW #731
A BYLAW TO REGULATE FIREWORKS AND FIRECRACKERS
WHEREAS Section 8 of the Community Charter authorizes Council to
regulate, prohibit and impose requirements in relation to fireworks and
firecrackers,
BE IT THEREFORE RESOLVED that the Council of the Village of Montrose in
open meeting assembled, enacts as follows:
SHORT TITLE
1.
(1)
This Bylaw may be cited as the "FIREWORKS AND FIRECRACKER
REGULATION BYLAW"
DEFINTIONS
2.
FIRE CHIEF means the Fire Chief of the Regional District of Kootenay
Boundary or their designate.
FIREWORKS means devices that explode or burn to produce visual or
sound effects and such other explosives as may be designated as such
by the Lieutenant-Governor in Council under the provision of the
Fireworks Act of the Province of British Columbia or under the
provision of the Canadian Explosives Act and its regulations, as the
case may be but does not include torpedoes, flares, fuses or similar
pyrotechnic devices used by motorists, railroads, police or other
agencies for signaling purposes or illumination.
PERMIT means a Permit approved by the Fire Chief and issued under
this Bylaw.
VILLAGE means the area within the municipal boundaries of the Village
of Montrose.
SALES PROHIBITION
3.
(1)
No sale or purchase of Fireworks or Firecrackers in the Village of
Montrose is permitted.
FIRECRACKERS PROHIBITED
4.
(1)
No person shall possess, fire, set off or discharge firecrackers.
PROHIBITION AND PERMIT REQUIREMENTS
5.
(1) No person shall, at any time, possess or explode or set off
fireworks, excluding sparklers, unless that person has first
obtained a Permit approved by the Fire Chief in accordance with
this bylaw.
(2) No person shall explode or set off High Hazard Fireworks of Class
7 of the Canadian Explosives Act without holding a valid
Fireworks Supervisor Card issued by the Explosives, Safety and
Security Branch of Natural Resources, Canada.
(4)
Application for a Permit required under this section shall be
made in writing to the Fire Chief in a form provided by the
Village and will contain all the information required by the Fire
Chief as per Schedule A, which is attached to and forms part of
this bylaw.
Bylaw #731 - Page 2
(5)
A Permit will only be issued to a person representing a
recognized organization or group for a celebration, such as a
Village sponsored event, Canada Day, News Years and
Halloween.
REGULATIONS AND REQUIREMENTS
6.
(1)
The holder of a Permit will take all steps necessary to ensure the
safety and security of members of the public attending the
fireworks event, as well as persons taking part in the display.
(2)
The holder of a permit issued pursuant to this bylaw accepts all
liabilities associated with the authorities provided under this
permit.
RESCISSION OF PERMIT
7.
(1)
The Fire Chief or an officer of the Village may rescind a Permit in
the event that:
i) circumstances arising or ascertained after the Permit was
issued demonstrate that a public safety risk or risk to public or
private property exists in connection with the fireworks event;
ii) the Fire Chief determines that the Permit holder submitted
false or inaccurate information in the application;
iii) the Permit holder violates or breaches any of the provisions
of this Bylaw;
iv) a fire ban is imposed.
ENFORCEMENT
8.
(1)
The Fire Chief, a Peace Officer, Bylaw Enforcement Officer or
designate and any other person duly authorized by the Village
may enter onto any property at any reasonable time to ascertain
whether the provisions of this Bylaw are being observed and
may take whatever action deemed necessary in accordance with
section 9.
(2)
All persons must, when directed to do so, surrender all fireworks
in their possession to the Fire Chief, a Peace Officer, Bylaw
Enforcement Officer or designate, each of whom is authorized to
seize and hold all such fireworks in the interest of public safety
and as evidence of the commission of an offence and a person
who fails to surrender fireworks upon demand commits an
offence.
OFFENCES AND PENALTIES
9.
(1)
Every person violating any provisions of this bylaw shall upon
conviction be liable to a fine not exceeding One Thousand
($1,000.00) Dollars, plus costs for such violation.
ENACTMENT
10.
(1)
If any section, subsection, sentence, clause, or phrase of this
Bylaw is for any reason held to be invalid by the decision of any
court of competent jurisdiction, the invalid portion shall be
severed and the part that is invalid shall not affect the validity
of the remainder.
(2)
Bylaw #178 is hereby repealed.
(3)
This Bylaw shall come into full force and effect on the final
adoption thereof.
Bylaw #731 - Page 3
READ A FIRST TIME
this 3rd day of October, 2016
READ A SECOND TIME
this 3rd day of October, 2016
READ A THIRD TIME
this 3rd day of October, 2016
RECONSIDERED AND FINALLY ADOPTED
this 17th day of October, 2016
_________________________
_________________________
Mayor
Corporate Officer
Certified a true copy of Bylaw #731, as adopted
_________________________
Corporate Officer
Bylaw #731 - Page 4
SCHEDULE 'A'
Application for Event Approval in the Village of Montrose
Part 1 - Application by Fireworks Supervisor
I hereby make an application to hold a fireworks display.
Name:_________________________________
Phone:_________________________________
Email:__________________________________
Signature:_______________________________
Sponsoring Agency: ______________________
Address: ________________________________
Contact Person: __________________________
Telephone: _______________________________
Date & Time of Display:_____________________
Location of Display: ______________________
Rain Date:________________________________
Part 2 - Approval of Local Authority
The applicant has complied with local requirements and has permission to hold a
fireworks display at the location mentioned above.
Name of authorizing person:____________________
Title:_______________________________________
Phone:_____________________________________
Signature:___________________________________
Date:_______________________________________