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THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW No. 2651
A BYLAW TO REGULATE THE DISCHARGE OF FIRECRACKERS, FIREWORKS AND SPECIAL EFFECT
PYROTECHNICS WITHIN THE CITY OF ROSSLAND
WHEREAS pursuant to the Community Charter and the Fireworks Act, Council may by bylaw,
prohibit and impose regulations regarding the possession and discharge of Fireworks within the City
of Ross/and.
NOW THEREFORE the Council of the City of Rossland, in open meeting assembled, ENACTS AS
FOLLOWS:
1. CITATION
This By-law may be cited as the "Fireworks Regulation Bylaw No. 2651, 2018".
2. DEFINITIONS
In this bylaw:
"act" means the Explosives Act [1985] Chapter E-17 and the regulations enacted thereunder
as amended from time to time or any Act and regulations enact in substitution;
"Consumer Fireworks" means low-hazard and designed for recreational home use. They
include items known as small Roman candles, sparklers, fountains, volcanoes, mines and
snakes;
"Display Fireworks" means high-hazard fireworks and are designed for public displays for
professional use. They include items like aerial shells, cakes, large roman candles,
waterfalls, lances and wheels.
"Fire Chief" means the Fire Chief or designate from the Kootenay Boundary Regional Fire
Rescue Company - Rossland (RDKB);
"Firecrackers" means a small firework with entwined fuses used solely as noise makers and
not for fireworks displays or pyrotechnic effects;
"Minor" means a person under the age of majority;
"City of Rossland Officer" means a person or persons designated by the City of Rossland to
approve fireworks display permits;
"Special Effects Pyrotechnics" means high hazard fireworks that are used as special effects
and are designed for professional use only. They include items like gerbs, mines, comets,
crossettes and special-purpose pyrotechnics predominately made for live stage
performances and the film or television industry.
3. SELLING, GIVING or SETTING OFF FIREWORKS
a.
The discharging or exploding of firecrackers within the City of Rossland is hereby
prohibited;
b.
No minor shall possess any type of fireworks;
c.
Consumer fireworks may only be discharged on an individual's private property;
d.
Consumer fireworks shall not be discharged after 10:00 pm;
e.
No person shall possess or discharge Display Fireworks or Special Effect Pyrotechnics
without a Fireworks Display Permit attached as Schedule "B" hereto and forming part of
this Bylaw;
f.
A Fireworks Permit application form attached as Schedule 'A' hereto and forming part
of this Bylaw, must be completed and approved by the Fire Chief or designated Officer
of the City of Rossland prior to the City of Rossland issuing a Fireworks Display Permit;
g.
All persons discharging Display Fireworks or Special Effect Pyrotechnics must hold a
current "Fireworks Operator Certificate" approved by Natural Resources Canada; or
alternatively, by providing sufficient evidence of knowledge and ability to safely possess
and discharge fireworks in a controlled environment as determined and authorized by
the Fire Chief or designated Officer of the City of Rossland;
h.
Upon declaration of a "Category 2" Fire Prohibition pursuant to the Wildfire Act {SBC
2004}, all Consumer Fireworks, Display Fireworks and Special Effect Pyrotechnics shall
be banned within the City of Rossland for the duration of the prohibition including
those holding an approved valid Fireworks Display Permit.
4. PENALTIES
a.
Any person who violates any provision of this Bylaw shall be deemed to have
committed an offence against this Bylaw and shall be liable;
b.
The fine for discharging Firecrackers within the City of Rossland shall be one hundred
dollars {$100.00) for each offence;
c.
The fine for the unauthorized possession or discharge of Display Fireworks or Special
Effect Pyrotechnics shall be two-hundred and fifty dollars {$250.00) for each offence;
5. ENACTMENT AND REPEAL
a.
If any section, subsection, sentence, clause or phrase of this Bylaw is, for any reason,
held to be invalid by a 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.
b.
City of Rossland Firearms and Fireworks Bylaw No.1024, 1962 is hereby repealed.
c.
This Bylaw shall come into full force and effect on the final adoption thereof.
READ A FIRST TIME
READ A SECOND TIME
READ A THIRD TIME
FINALLY ADOPTED
this 9th day of April, 2018
this 23 rd day of April, 2018
this 23rd day of April, 2018
this 7th day of May, 2018
COlf PORATE OFFICER
~ A'
CITYOF ~W'--
ROSSLAND
SCHEDULE "A"
APPLICATION FOR A FIREWORKS DISPLAY PERMIT
Is this application for the discharge of Special Effect Pyrotechnics as defined by the Canadian
Explosive Act: Q YES
Q NO
Is this application for the discharge of Display Fireworks as defined by the Canadian Explosive Act:
Q YES
QNO
QOTHER: ______________
_
NAME OF APPLICANT: ------------------------------
(Must be the individual/ supervisor discharging the fireworks)
Address: -------------------------------
Telephone NO.: ____________ _
Cell No.: --------------
Email: ______________________ _
Fireworks Operator Certificate No.: ________________________ _
(Required for discharge of High Hazard Fireworks/ Special Effect Pyrotechnics)
If making the application for a permit to discharge fireworks or pyrotechnics on behalf of an
organization:
Name of Organization: ______________ _
Telephone No.: _______ _
Address where Fireworks will be discharged: ____________________ _
In consideration of the City of Rossland issuing a Fireworks Display Permit, the applicant covenants and
agrees to waive, indemnify and hold harmless the City of Rossland and its elected officials, employees,
servants, agents, and successors from and against any and all manner of actions or causes of action,
damages, costs, loss or expenses of whatever kind (including, without limitation, legal fees) which the City or
its elected officials, employees, servants, agents, and successors may sustain, incur, or be put to be reason of
or arising out of issuance of a permit to discharge fireworks:
Signature of applicant: _______________ _
Date: ----------
(A $25.00 Permit Fee is due and payable to the City of Rossland upon approval of the Fireworks Display Permit)
Fire Chief or City of Rossland Officer: ____________________ _
Date: ______ _
-4A'
CITY OF PW'--.
ROSSLAND
The authority to DISCHARGE:
is hereby granted to:
Name:
SCHEDULE "B"
FIREWORKS DISPLAY PERMIT
Display Fireworks 0
Or
Special Effect Pyrotechnics 0
------------------------------
Address: ____________________________
_
Telephone No.: _________
_
Cell No.: ____________
_
This permit is valid on the ______
day of __________ _, 20 __
_,
Between the hours of _______ am/pm and __________ am/pm.
Display location: __________________________
_
THIS PERMIT IS NOT TRANSFERRABLE;
THIS PERMIT MAY NOT BE EXTENDED OR RESCHEDULED WITHOUT PRIOR AUTHORIZATION;
THE HOLDER OF THIS PERMIT ACKNOWLEDGES THAT THE CITY OF ROSSLAND IS NOT RESPONSIBLE
FOR THE SUPERVISING OR INSPECTING OF THE FIREWORKS DISPLAY AUTHORIZED UNDER THIS
PERMIT; AND,
BY ACCEPTING THIS PERMIT, THE PERMIT HOLDER ACCEPTS ALL RISKS AND LIABILITIES ASSOCIATED
WITH THE ISSUANCE OF THIS PERMIT AND THE DISCHARGE OF THE FIREWORKS PERMITTED.
Signature of Permit Holder
Date
City of Rossland Officer
Date
Copy to: Fire Chief, Kootenay Boundary Regional Fire Rescue Company- Rossland (RDKB)