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## VILLAGE OF NEW DENVER BYLAW NO. 462
## A Bylaw to regulate the sale, use and possession of fireworks
WHEREAS the Council may, by bylaw, pursuant to section 2 of
declare that applicable Fireworks municipality; and
WHEREAS the Council may, by bylaw, pursuant to section 932(e) of the Municipal Act, subject to the Fireworks Act, regulate or prohibit the sale 01 disposal to any person of firecrackers and nature and kind; and
other fireworks of every
HEREAS the Council may, by bylaw, pursuant to section 933 of regulate prohibit exploding of
firecrackers or other fireworks; and
WHEREAS it is deemed expedient to exercise the authority
granted by the aforesaid sections within the Municipality in the manner and to the extent hereinafter provided;
NOW THEREFORE, the Municipal Council of the Corporation of the Village of New Denver, in open meeting assembled,
follows:
1. This bylaw may be cited as "Village of New Denver Fireworks
2. Regulation Bylaw No. 462, 1995".
## 2. Definitions
"Class "A" Fireworks" means those low hazard fireworks defined "Subdivision 1 of Division 2 Fireworks" by regulations made under the "Explosives Act" of Canada, and including fireworks showers, fountains, golden rain, lawn lights, pin wheels, roman candles, volcanoes and sparklers.
"Class "B" Fireworks" means those high hazard fireworks defined as "Subdivision Division Fireworks" by regulation made under "Explosives Act" of Canada, and including rockets, serpents, shells, bombshells, tourbillions, maroons, bouquets, barrages, bombardos, waterfalls, pigeons and firecrackers. fountains, batteries, íllumination, set pieces,
"'Peace Officer" means a person employed by the Fire Department of the Village of New Denver, a Local Assistant to Fire Commissioner as defined under the Fire Services Act (RSBC, 1979, employed by Clerk-Administrator/Bylaw Enforcement Officer, or any person carrying out the duties of The Royal Canadian Mounted Police for the Village of New
## 3. Wholesale and Retail Sales
- (1) It shall be unlawful for any person to offer for salet advertise or display \_ or sell wholesale or retail, any fireworks unless such person is in possession of a valid Municipal Business Licence.
- (2) It shall be unlawful for any person to offer for sale, expose for sale, or display or sell at wholesale or retail, any fireworks without having first applied for and obtained a valid and subsisting Fireworks vendor's Permit, duly signed by the Local Assistant to the Fire Commissioner and the Clerk/Administrator, as per Schedule "A" attached hereto and forming part of this bylaw.
- (3) For the purposes of this bylaw "fireworks" does not include caps for toy guns or sparklers.
- (4) It shall be unlawful for any person directly or indirectly sell, or furnish person any firecracker whether for his own use or not.
- (5) It shall be unlawful for any person directly indirectly to sell, give or furnish to a person under the age of nineteen (19) years, any fireworks, whether for his own use or not.
- (6) Not withstanding paragraph (1) it shall be unlawful for any person to sell fireworks of any class or description except between the twenty-fourth (24th) day of october and the thirty-first (31st) day of October in each year, unless such sale is authorized by a permit pursuant to section 4 (3) of this bylaw.
## 4. Possession and Discharge of Fixeworks
- (1) It shall be unlawful for any person to possess firecrackers.
- (2) It shall be unlawful for any person under the age of nineteen (19) years to possess, use, detonate or explode any fireworks or firecrackers.
- (3) It shall be unlawful for any person to set off, discharge or explode any fireworks on any street, lane, or public place unless such person or persons shall have obtained a valid Fireworks Discharge Permit, duly signed by the Local Assistant to the Fire Commissioner and the Clerk/Administrator, and it shall be the responsibility of said person or persons to ensure compliance with the provisions therein, or for any damages that may arise therefrom by reason of the issuance of any such Fireworks Discharge Permit.
- (4) Not withstanding paragraph (3), it shall be unlawful for any person to set off, discharge of explode any fireworks on any street, lane, or public place without a valid Permit, between the hours of 8:00 a.m. - 10:00 p.m.
- (5) Every application for a permit pursuant to this section pouse 13. tenged here and forning act 2 tol
6. animal, building or motor in the process of
## 5. Seizure
compensation.
## 6. Penalty
Or an of fence ata voilable upon sugary let by penalty of not less that $100.00 and not more than $2,000.00.
...
## 7. Severability
I any section or subsection of this bylaw is found to b nvalid by a court of competent jurisdiction, the section o subsection may be severed from the bylaw without affecting the validity of the remainder of the bylaw.
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READ A FIRST TIME this 26th day of Septembe READ A SECOND TIME thisdith day of September READ A THIRD TIME this 10 thday of October RECONSIDERED AND FINALLY ADOPTED this\_ 24 th\_day of ., 1995. 1995. 1995.
Octobers
1995.
Gh. Nutt
MAYOR G.L. WRIGHT
Cause Garden
CLERK/ADMINISTRATOR
Certified a True Copy of Bylaw No. 462, 1995.
Carol Garden.
clerk/Administrator
....4
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## SCHEDULE "A"
## THE CORPORATION OF THE VILLAGE OF NEW DENVER FIREWORKS VENDOR'S PERMIT
Pursuant to Bylaw No. 462, "Fireworks Regulations Bylaw, 1995", permission is hereby granted to:
Name Of owner (s)/company Home address Telephone City Province \_ Postal Code
to sell, display, and store low hazard fireworks for recreation ai lefined by the Explosives Act and Regulations, at:
Name of retall outlet Address city Telephone Postal Code \_ Province Location where fireworks will be stored:
Amount:
1b.
If location of storage is different from retail outlet, state:
Telephone\_ Postal Code Address city \_Province Employees or persons authorized to sell/handle fireworks:
\_ kg.
Name Address Telephone Name Address Telephone This permit is effective from 19\_ to → 19
CONDITIONS OF SALE, DISPLAY AND STORAGE OF FIREWORKS
it or matest and grant ne arening the bai, is ay ind storage of fireworks.
## SCHEDULE "A"
## (continued)
This permit shall be valid only for the dates herein specified and subject to the "Explosives Act" of Canada thereunder, and may be cancelled at anytime by the Local Assistant Commissioner Clerk/Administrator Corporation of the Village of New Denver without prior notice.
The issuance of this Permit shall not be construed to cast upon the Corporation of the Village of New Denver, the Local Assistant to the Fire Commissioner or any other officer or employee thereof, responsibility for any damage that may arise from or as the result of the sale, display and storage of fireworks, or any damages that therefrom by reason of the issuance of any such permission.
signature of Vendox/Owner
Date
Clerk/Administrator The Corporation of the Village of New Denver
Local Assistant to the Fire Commissioner/Fire Chief The Corporation of the Village of New Denver
## VILLACE OF NEW DENVER FIREWORKS BYLAW NO. 462, 1995
## SCHEDULE "B"
## APPLICATION FOR FIREWORKS DISCHARGE PERMIT
Date:
\_ 19
Local Assistant To The Fire Commissioner, Clerk/Administrator, The Corporation of the Village of New Denver
I (We),
of
hereby make formal application pursuant to the above recited bylaw for a permit to authorize:
- (a) The purchase of the following described fireworks:
Class "A" Fireworks
Class "B" Fireworks
- (b) The said fireworks are intended for use in connection with
- (name of special event or festival) to be held at (description of place) on the \_ -- day of. \_ between the hours of - and and fox authorlty to use and explode the said fixeworks thereat.
- (c) The said fireworks are to be purchased by . of and will be used and exploded under his/her direct supervision
- and responsibility.
- (a) It is understood and agreed by me (us) that the issuance of the permit for which application is hereby made shall not be construed to cast upon the Corporation of the Village of New Denver or the Local Assistant to the Fire Commissioner or any other officer or employee thereof, responsibility for any damage that may arise from or as the result of the use or exploding of any fireworks by reason of the issuance of such permit.
Applicant's Signature
Address
## VILLAGE OF NEW DENVER FIREWORKS BYLAW NO. 462, 1995 SCHEDULE "C"
## FIREWORKS DISCHARGE PERMII
Date:
Pursuant to the above recited bylaw:
PERMISSION IS HEREBY GRANTED TO of \_ on behalf of (name of organization)
TO PURCHASE THE FOLLOWING FIREWORKS:
- (a) Class "A" Fireworks (detail of fireworks)
- (b) Class "B" Fireworks (detall of fireworks)
For use in connection with to be held at day of (name of special event of festival) on the (description of place) between the hours of and
AND TO USE AND EXPLODE the aforesaid fireworks thereat on the date and between the hours above mentioned, under the direct supervision of the said
This permit shall be valid only for the above noted purpose and on the date and during the hours herein specifled, is issued authorlty of "Village of New Denver Fireworks BylaN No. 162, 199and and be subject the "Explosives Act" of Canada regulations made thereunder, and may be cancelled at any time by the Assistant the Fire Commissioner Clerk/Administrator for the Corporation of the Village of New Denver without prior notice:
The issuance of this permit shall not be construed to cast upon the Corporation of the Village of New Denver or the Local Assistant to the Fire Commissioner or any other officer or employee thereof, responsibility for any damage that may arise from or as the result of the use or exploding of any fireworks by reason of the issuance of such permit.
Local Assistant to the Fire Commissioner
Clerk/Administrator/Corporation of the Village of New Denver