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of Port Moody
Bylaw No. 3436
A Bylaw to regulate the storage, sales, and use of firecrackers, fireworks, and explosives.
WHEREAS, pursuant to section 8(3)(d) of the Community Charter, a council may, by bylaw,
regulate, prohibit, and impose requirements in relation to firecrackers, fireworks, and explosives;
AND WHEREAS the Council of the City of Port Moody deems it expedient and desirable to
regulate the storage, sales, and use of firecrackers, fireworks, and explosives;
NOW THEREFORE, the Council of the City of Port Moody enacts as follows:
1.
Citation
This Bylaw may be cited as "City of Port Moody Fireworks Regulation Bylaw
2023, No. 3436".
1.1
2.
Repeal
City of Port Moody Fireworks Bylaw, 1991, No. 2070 and all amendments thereto
are hereby repealed.
2.1
Definitions
3.
3.1
In this Bylaw,
"Approved" means approved by an Officer of City of Port Moody Fire and Rescue
Services.
Council" means the Council of the City of Port Moody.
"City" means the City of Port Moody.
"Explosive" means gunpowder, nitroglycerine, gun cotton, dynamite, blasting
gelatin, gelignite, fulminate of mercury or other metals, coloured fire, and every
other substance used or manufactured to produce a violent effect by explosion,
or a pyrotechnic effect, and shall include fireworks, fuses, rockets, percussion
caps, detonators, cartridges, and ammunition.
"Fire Chief means the City of Port Moody Fire Chief or their designate.
"Firecracker" means small fireworks with entwined fuses used solely as noise
makers, and not for pyrotechnic effect.
"Fireworks" means manufactured goods intended to be used for pyrotechnic
effect that are classified by the Canada Explosives Regulations as low hazard
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fireworks for recreation (Class 7.2.1) such as firework showers, fountains, golden
rain, lawn lights, pinwheels, Roman candles, volcanoes, and sparklers.
"Nuisance Fireworks" means a fireworks product that produces an effect
involving a screech or noise, or is being altered or misused, that has the effect of
invoking fear, or disturbance to residents of the City. Nuisance fireworks include
Roman Candles with an internal tube size of 3/8" or less, Sound Shells such as
Mini Air Bombs, Air Bombs, Super Sonic Bang, Cherry Bomb, Mach 3's, Bottle
Rockets, and Fountain Whistles, such as Hummer-oos, Screecher-oos, and
Zinger-oos.
"Occupant" means an owner, tenant, lessee, agent, licensee, and any other
person who has the right of access to and control of any land, building, or
premises to which this Bylaw applies.
"Officer" means any person appointed by the Fire Chief to exercise the powers
vested under this Bylaw or the Fire Services Act. An Officer includes members
of the fire department appointed from time to time to the positions of Deputy Fire
Chief, Captain, Acting Captain, Lieutenant, and Acting Lieutenant.
"Peace Officer" means a person employed by Port Moody Fire and Rescue
Services as an Officer, or any person employed by the City as a Bylaw
Enforcement Officer, or any person carrying out the duties of a Municipal Police
Officer for the City of Port Moody.
4.
General
In the event of any Inconsistency between the provisions of this Bylaw and the
provisions contained in a Federal and/or Provincial statute and/or regulation, the
more restrictive provisions of those statutes and/or regulations shall apply.
As provided by the Community Charter, and subject to the Fire Services Act, the
British Columbia Fire Code, is adopted as Regulations for the City of Port Moody
supplementary to this Bylaw.
In the event of conflict between this Bylaw and the
British Columbia Fire Code and/or the federal Explosives Act, the provisions of
the British Columbia Fire Code and the federal Explosives Act shall prevail.
If an Officer, on account of the existence of hazardous fire conditions deems it
advisable, they may cancel or suspend for such time as is specified in the order,
any permits Issued pursuant to this Bylaw, or they may attach to any or all such
permits such conditions and restrictions as they think proper.
A person, defined as a Peace Officer pursuant to this Bylaw, is empowered to
exercise the powers conferred in this Bylaw, and further, the Fire Chief and
appointed Officers of the Fire Department are empowered to exercise the powers
conferred by this Bylaw and the powers conferred by the Fire Services Act for the
City.
All permits issued pursuant to this Bylaw shall be subject to such conditions,
restrictions, and provisions as an Officer may consider necessary or expedient to
incorporate therein.
City of Port Moody Fireworks Regulation Bylaw, 2023, No. 3436
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4.1
4.2
4.3
4.4
4.5
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storage
5.
5.1
It shall be unlawful for any person to store or keep in storage any explosive
ammunition or material used, or intended to be used for fireworks, firecrackers
or small arms ammunition unless such person has first obtained permission in
writing to do so from the Fire Chief.
5.2
The storage of low hazard fireworks intended for personal use does not require
the permission of the Fire Chief.
An application for permission hereunder shall be made to the Fire Chief and shall
set out the premises or portion thereof on which
it is proposed that such
explosives, ammunition, fireworks, firecrackers, or material intended to be used
for fireworks, firecrackers, or small arms ammunition, are to be kept or stored
and all particulars pertaining to the proposed storage and keeping of such
materials shall be specified in such application.
5.3
5.4
No explosives, fireworks, firecrackers, small arms ammunition, or material may
be stored or kept contrary to the provisions of this Bylaw or permission issued
hereunder.
It shall be unlawful for any person to store or keep in any premises in which other
flammable materials are kept or stored, except in a fireproof vault or fireproof
storeroom, any material used for, or intended to be used for, fireworks more than
ninety-one (91) kilograms gross weight.
5.5
No person shall smoke, or allow any other person to smoke, in any area defined
or set aside for storage of fireworks, firecrackers, or small arms ammunition, or
any material intended to be used as fireworks, firecrackers, or small arms
ammunition, and such area shall be so marked as defined in the City of
Port Moody Smoking Control Bylaw.
5.6
6.
Wholesale and Retail Sales
It shall be unlawful for any person to offer for sale, expose for sale, advertise, or
display, or sell at wholesale or retail, any firecrackers to any person or
organization.
The Fire Chief may give permission in writing to a person or organization to
detonate or explode firecrackers for religious or ceremonial purposes, with any
conditions restricting or limiting use as the Fire Chief deems advisable.
It shall be unlawful for any person directly or indirectly to sell, give, or furnish to a
person under the age of eighteen (18) years, any fireworks or firecrackers,
whether for their own use or not.
6.1
6.2
6.3
Unless authorized by written permission of the Fire Chief, it shall be unlawful for
any person to possess fireworks,
6.4
City of Port Moody Fireworks Regulation Bylaw, 2023, No. 3436
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7.
Regulation of Fireworks and Firecrackers
7.1
It shall be unlawful for any person to set off, discharge, or explode any fireworks
or firecrackers on any street, lane, square, or public place, unless such person or
persons has first obtained both;
a)
written permission of the property owner where the fireworks are to be set
off; and
b)
a permit issued by the Fire Chief for the display.
It shall be the
responsibility of the permit holder to ensure compliance with the
provisions contained therein, or for any damages that may arise
therefrom by reason of the issuance of such permit.
7.2
The Fire Chief may issue permission to a person or organization to detonate or
explode fireworks or firecrackers for religious, ceremonial, or special occasions
subject to strict conditions, as the Fire Chief deems necessary.
It shall be unlawful for any person to point or direct a firework at any person,
animal, building, or motor vehicle where such firework is in the process of
exploding or detonating and where it is capable of projecting or discharging a
charge or pyrotechnical effect for more than one (1) metre.
A Peace Officer may seize firecrackers or fireworks being held in violation of this
Bylaw and may dispose of them without compensation.
Public display of fireworks and firecrackers shall be permitted only when the
actual point at which the fireworks and firecrackers are to be fired is at least sixty
(60) metres from the nearest permanent building, public highway, or railway, or
other means of travel, or fifteen (15) metres from the nearest above ground
telephone or telegraph line, tree, or other overhead obstruction.
7.3
7.4
7.5
7.6
The audience at a public display of fireworks and firecrackers shall be restrained
behind lines at least forty-six (46) metres from the point at which the fireworks
and firecrackers are discharged, and only persons in active charge of the display
shall be allowed inside these lines.
7.7
All fireworks that fire a projectile shall be so set up that the projectile will go into
the air as nearly as possible in a vertical direction.
Provided that where such
fireworks are to be fired beside a lake or large body of water, they may be
directed in such a manner that the falling residue from the deflagration will fall
into the said body of water.
7.8
Any fireworks and firecrackers that remain unfired after the display is concluded
shall be immediately disposed of in a way safe for the particular type of fireworks
and firecrackers remaining.
No fireworks and firecrackers display shall be held during a windstorm in which
the wind reaches a velocity of more than fifty (50) kilometres per hour.
In such
cases, the Fire Chief may authorize the display at a future date.
7.9
City of Port Moody Fireworks Regulation Bylaw, 2023, No, 3436
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7.10
The persons in actual charge of the firing of fireworks and firecrackers in public
display shall be able bodied persons of at least nineteen (19) years of age, and
competent for the task.
7.11
There shall be always at least two operators of the display constantly on duty
during the discharge, and at least one of the operators shall hold a valid
Fireworks Supervisors Certificate.
At least two (2) approved fire extinguishers of at least twelve (12) litres capacity
shall be kept at as widely separated points as possible within the actual area in
which the discharge is being done.
All disputes arising because of the administration of the provisions of this Bylaw
shall be referred to the Fire Chief, who shall be the authority in all cases.
Offence and Penalty
7,12
7.13
8.
8.1
Every person who contravenes or fails to comply with this Bylaw or who fails to
carry out an order made under this Bylaw or any condition attached to a permit is
guilty of an offence, is liable on summary conviction to a fine of not more than
$10,000 or to imprisonment for a term not exceeding six (6) months or to both
such fine and imprisonment and in default of payment of the fine to imprisonment
for an additional term not exceeding six (6) months.
Offences for which tickets
can be issued and fines imposed are prescribed in the Municipal Ticket
Information Authorization Bylaw.
9.
Severability
9.1
If a portion of this Bylaw is found invalid by a court,
it will be severed, and the
remainder of the Bylaw will remain in effect.
Read a first time this
day of November. 2023.
Read a second time this 14^^ day of November. 2023.
Read a third time this H!1 day of November. 2023.
Adopted this 2^ day of November. 2023.
S. Lam
City Clerk
M. Lahti
Mayor
City of Port Moody Fireworks Regulation Bylaw, 2023, No. 3436
EDMS#623514
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