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CITY OF POWELL RIVER
BYLAW 2359, 2013
A Bylaw to Regulate Fireworks
WHEREAS Council may, by bylaw, regulate or prohibit or impose requirements in relation to
fireworks and firecrackers;
AND WHEREAS Council considers it appropriate to regulate, prohibit and impose requirements in
relations to fireworks and firecrackers;
NOW THEREFORE the Council of the City of Powell River in open meeting assembled enacts as
follows:
TITLE
1.
This Bylaw may be cited as "Fireworks Regulation Bylaw 2359, 2013".
INTERPRETATION
2.
In this Bylaw:
"City" means the City of Powell River;
"Federal Act" means the Explosives Act, R.S.C. 1985, C.E-15, as amended;
"Federal Regulations" means the Explosives Regulations, C.R.C.
1978, c. 599, as
amended;
"Fire Chief" means the person appointed to be in charge of Powell River Fire Rescue and
his deputy or designate;
"firecracker" means a small paper cylinder with entwined fuses, used solely as noise
makers, containing pyrotechnic composition that produces a bang;
"Fireworks Supervisor" means a person who holds a valid fireworks supervisor certificate
from Natural Resources Canada
-- Explosives Regulatory Division;
"high-hazard fireworks" means pyrotechnic devices producing effects of light or sound that
are classified by the Federal Regulations as high-hazard fireworks for recreational use, and
includes, but is not limited to, rockets, serpents, shells, bomb shells, tourbillions, maroons,
large wheels, bouquets, barrages, bombardos, water falls, fountains, batteries, illumination,
set pieces, pigeons and firecrackers;
"low-hazard fireworks" means pyrotechnic devices producing light, sound or smoke effects
by combustion which are classified by the Federal Regulations as low hazard fireworks for
recreational use and includes, but is not limited to, fireworks showers, fountains, golden rain,
lawn lights, pin wheels, Roman candles, and volcanoes, but excludes sparklers, Christmas
crackers, and caps for toy guns;
"Peace Officer" means any member or auxiliary of the Royal Canadian Mounted Police, any
firefighter or auxiliary of Powell River Fire Rescue or a bylaw enforcement officer.
Fireworks Regulation Bylaw 2359
Page 2 of 7
SALE OF FIREWORKS
3.
No person shall sell or dispose of any fireworks of any class or description to a person
who is under the age of eighteen years or to a person who appears to be under the age of
eighteen years.
4.
No person shall sell or dispose of firecrackers or high-hazard fireworks within the City.
5.
A person may only sell or dispose of low-hazard fireworks within the City under the
following conditions:
(a)
to a person over eighteen years of age;
(b)
by obtaining and holding a valid and subsisting business licence under Business
Licence Bylaw 2226, 2010 as amended;
(c)
during the period October 24 and October 31 of each year; and
(d)
in compliance with the Federal Act and Federal Regulations.
SPECIAL USE FIREWORKS PERMIT
6.
A person or organization wishing to possess and explode fireworks to observe or
celebrate a special event, festival, or theatrical performance must, at least fourteen days
prior to the date of the event, apply in writing to the Fire Chief for a Special Use Fireworks
Permit (the "Permit"), substantially in the form attached as Schedule "A". The Fire Chief is
authorized to amend the Permit from time to time.
7.
The Fire Chief shall consider each application for a Permit and shall specify in writing the
terms and conditions under which a Permit, if any, is issued.
8.
The Fire Chief may issue a Permit when the following conditions have been met:
(1)
the written consent of the property owner or agent or representative of the owner
charged with the control and care of the property is provided to the Fire Chief;
(2)
the sponsor of the fireworks display has deposited with the City a certificate of
insurance indicating that third party liability insurance coverage is available to
protect the City in the event of bodily injury, including death, and property damage
liability that may result from or arise out of the holding of the fireworks display and to
indemnify the City from damage to and destruction of City property that may occur
by reason of the fireworks display;
(3)
the insurance policy shall name the City as an additional insured and contain a
cross liability clause and shall be in an amount and form acceptable to the Fire
Chief;
(4)
the sponsor of the fireworks display must appoint a Fireworks Supervisor who will
have complete authority over and be responsible for all fire safety features at the
fireworks display and the Permit shall be issued in the Fireworks Supervisor's name;
and
(5)
the Fireworks Supervisor shall supervise the setting off or exploding the permitted
fireworks.
PERMIT TERMS AND CONDITIONS
9.
Every person to whom a Permit has been issued shall:
Fireworks Regulation Bylaw 2359
Page 3 of 7
(1)
ensure that the fireworks are exploded at the date and time set out in the permit;
(2)
ensure that the fireworks are exploded under the direct supervision of the Fireworks
Supervisor, or another person approved in writing by the Fire Chief;
(3)
ensure that only those fireworks set out in the permit are exploded;
(4)
ensure that the exploding of the permitted fireworks shall conform to the Permit and
the Federal Act and Federal Regulations;
(5)
remove all fireworks and debris immediately after the exploding of the fireworks and
safely dispose of such materials;
(6)
when the permitted fireworks are exploded on public property, ensure that the land,
buildings and structures on the property are left
in a neat, clean,
tidy and
undamaged condition; and
(7)
comply with all instructions of the Fire Chief or a Peace Officer.
10.
The Permit holder shall be responsible to pay all costs incurred by the City for firefighting
or remedial work, materials, and resources expended as a result of a fire caused by
fireworks used during the event authorized by a Permit.
The costs shall be calculated
according to Schedule C attached.
11.
The Fire Chief may rescind a Permit if:
(1)
the Permit holder fails to comply with any terms or conditions of the permit without
the prior written consent of the Fire Chief;
(2)
the Permit holder violates or breaches any of the provisions of this bylaw;
(3)
circumstance arising or ascertained after the permit was issued demonstrate that a
public safety risk to public or private property exists in connection with the fireworks
event; or
(4)
the
Permit
holder
submitted
false
or
inaccurate
information
on
the
Permit
application.
PROHIBITION
12.
No person under the age of 18 shall possess any fireworks within the City.
13.
No person shall explode, discharge or possess a firecracker within the City.
14.
No person shall discharge or explode any fireworks on any highway, street, park,
playground, school ground or any other public place within the City without first obtaining a
Permit.
15.
No person shall discharge or explode a firework which is pointed or directed at any
person, animal, building, motor vehicle, tree or bush.
EXPLODING OF LOW-HAZARD FIREWORKS
16.
Any person over 18 may set off or explode low-hazard fireworks between the hours of
4:00 pm and 11:00 pm on October 31 of each year provided that the fireworks are set off
or exploded in a safe manner on private property with the owner's consent.
17.
The property owner shall be responsible to pay all costs incurred by the City for firefighting
or remedial work, materials, and resources expended as a result of a fire caused by
Fireworks Regulation Bylaw 2359
Page 4 of 7
setting off or exploding the fireworks on his or her property. The costs shall be calculated
according to Schedule C.
ENFORCEMENT
18.
This bylaw is designated, pursuant to the Community Charter as a bylaw that may be
enforced by means of a ticket in the prescribed form.
19.
The Fire Chief or a Peace Officer are designated to enforce this bylaw, including by
means of a ticket, under section 264 of the Community Charter.
20.
The words or expressions listed in the "Designated Offence" in Schedule B attached to
and forming part of this Bylaw, are authorized to be used on a ticket to describe an
offence against the respective section of this bylaw appearing in the Section column and
shall be subject to a fine as listed in the corresponding Fine Amount column.
21.
The Fire Chief or a Peace Officer is authorized to enter onto any property or into any
building without warrant to ascertain that the provisions of this bylaw are being met.
22.
No person shall hinder, delay, or obstruct in any manner, directly or indirectly, the Fire
Chief or a Peace Officer in carrying out their duties or powers under this bylaw.
23.
Where the Fire Chief or a Peace Officer finds firecrackers or fireworks being displayed or
offered for sale by a vendor in contravention of this bylaw, the Fire Chief or Peace Officer
may seize and destroy the firecrackers or fireworks without compensation to the vendor or
owner of the fireworks.
24.
Where the Fire Chief or a Peace Officer finds a person in posses of firecrackers or
fireworks in contravention of this bylaw, the Fire Chief or Peace Officer may seize and
destroy the firecrackers or fireworks without compensation to the owner.
25.
Any person who violates any provision of this Bylaw is guilty of an offence and is liable
upon conviction, to the penalties prescribed by the Offence Act.
SEVERABILITY
26.
If any portion of this bylaw is found by a court of competent jurisdiction to be invalid, the
invalid portion is to be severed and the remainder is to remain valid.
REPEAL
District of Powell River Fireworks Bylaw No. 1411, 1991 as amended is hereby repealed.
READ a first time the 3
rd day of October, 2013.
READ a second time the 3
rd day of October, 2013.
READ a third time the 3
rd day of October, 2013.
ADOPTED the 17
th day of October, 2013.
dJ.ormosa,Mayo
Fireworks Regulation Bylaw 2359
Page 5 of 7
SCHEDULE A
City of Powell River
SPECIAL USE
FIREWORKS PERMIT
Application Date:
All Special Use Fireworks Permits are subject to the terms and conditions set
forth in the Fireworks Regulation Bylaw 2359, 2013 as amended.
Required Application Information
All
submissions must
include the following
information.
Applicant to
check
completed item as part of the application package:
U
Proof of third party liability insurance naming the
City of Powell River as an Additional Insured for
the event
U
Written consent of property owner where event
will be held
U
Proof of valid Fireworks Supervisor Certificate
Sponsoring Organization:
Contact Name:
Phone Number:
Details of Event
Proposed Event:
-_____
-______
-
-
--
Date:
Duration:
to
Designated Fireworks Supervisor:
Contact Number:
BC Coastal Fire centre Prohibitions and Area RestrictLons
At date of application there are:
U
No prohibitions in place
U
Fire Danger Rating:
U
Prohibitions (describe):
It is the responsibility of the applicant/Fireworks Supervisor to confirm status of the fire danger rating on the day of the
event and comply with any prohibitions in effect.
Applicant Signature
Fire Chief Approval
Approval is given subject to the terms and conditions of
Bylaw 2359, 2013 and any additional conditions listed
below.
Signature
Date
Fire Chief
Date
Additional Conditions
Tke Pearl on t1e SunJmne Coast
Fireworks Regulation Bylaw 2359
Page 6 of 7
SCHEDULE B
FINE SCHEDULE
Designated Offence
Section
Fine
Amount
Sell or dispose of fireworks to person under 18
3
$300.00
Sell or dispose of firecrackers or high hazard fireworks within the City
4
$300.00
Unlawful sale or disposal of low hazard fireworks
5
$300.00
Unlawful possession of fireworks
12
$300.00
Unlawful explosion, discharge or possession of firecrackers
13
$300.00
Failure to apply for Special Use Fireworks Permit
6
$300.00
Unlawful explosion of fireworks in a public place
14
$300.00
Explosion of low hazard fireworks outside of permitted time
16
$300.00
Obstruction of Fire Chief or Peace Officer
20
$300.00
Fireworks Regulation Bylaw 2359
Page 7 of 7
SCHEDULE C
FEE SCHEDULE
Aerial Vehicle
$25000 per hour (2 hour minimum)
Pumper/Rescue Vehicle
$150.00 per hour (2 hour minimum)
Support Vehicle
$100.00 per hour
Full time and paid on call staff
$50.00 per hour per person (2 hour minimum)
Consumable goods
Replacement value plus all applicable taxes