District of Sicamous Fireworks Bylaw No. 963, 2019 — full text

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District of Sicamous Fireworks Bylaw No. 963, 2019 Proposed Effective Date - May 1, 2019 Bylaw No. 963, 2019 2 of 4 DISTRICT OF SICAMOUS BYLAW NO. 963, 2019 A Bylaw to regulate the Sale Possession and Discharge Fireworks within the District of Sicamous WHEREAS Section 8 (3)(d) of the Community Charter provides that Council may by bylaw, regulate, prohibit and impose requirements in relation to firecrackers, fireworks, and explosives; AND WHEREAS Section 8 (7)(b) of the Community Charter include the power to regulate, prohibit and impose requirements, as applicable, respecting persons, property, things and actives; AND WHEREAS it is provided by Section 8(8)(a) of the Community Charter that Council may, Inter alia, authorize the issuance of a permit to any person or organization for the use of fireworks of any kind or nature and may specify the terms and conditions thereof set out by the Fire Commissioners Office. NOW THEREFORE the Council of the District of Sicamous, in open meeting assembled, ENACTS AS FOLLOWS: Definitions In this Bylaw: District means District of Sicamous. Fire Chief means the person appointed as the Fire Chief of the Sicamous Fire Department and their designate. Fireworks means devices that explode or burn to produce visual or sound effects and such other explosive 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 and issued pursuant to this bylaw by the Fire Chief. Sale includes but is not limited to sell, offer to sell, advertise for sale, display for sale, barter, dispose, distribute, furnish, give or trade. Regulations 1. Sale a) the sale of fireworks is prohibited in the District 2. Possession a) the possession of fireworks is prohibited in the District without a current permit 3. Discharge a) the discharge of fireworks is prohibited in the District without a current permit Bylaw No. 963, 2019 3 of 4 Permits 1. Application a) a formal application for a permit must be made in writing to the Fire Chief in a form provided and will contain all the information required by the form as per Schedule A, attached to and forms part of this bylaw 2. Conditions a) a permit will only be issued to a recognized organization or group for a celebration, such as Canada Day, New Years and Halloween b) 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 3. Permit a) a permit approved by the Fire Chief or designate will be as per Schedule B, which is attached to and forms part of this bylaw 4. Rescission of Permits a) the Fire Chief or designate of the District may rescind a Permit in the event that i. circumstances arising or ascertained after the Permit was issued demonstrate that the 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; or iii. the Permit holder violates or breaches any of the provisions of this bylaw Penalties 1. Offences a) each day that a contravention of a provision of this bylaw continues will constitute a separate and distinct offence b) a person who contravenes or fails to comply with this bylaw commits an offence and is liable upon conviction to the penalties prescribed by the Offence Act (British Columbia) c) a fine may be issued for any offence against this bylaw that has been designated as a ticketable offence pursuant to the District's Ticketing Information Utilization Bylaw No. 77, 1992 and amendments thereto Severability 1. Each provision of this bylaw is intended to be independent to the extent that the setting aside of the provision by a court does not affect the validity of the remaining provisions. Repeal 1. District of Sicamous Fireworks Bylaw No. 756, 2009 and all amendments and schedules thereto are hereby repealed. Bylaw No. 963, 2019 4 of 4 Effective Date 1. The District of Sicamous Fireworks Bylaw No. 963, 2019 comes into effect May 1, 2019. Title 1. This bylaw may be cited as the "District of Sicamous Fireworks Bylaw No. 963, 2019". READ a first time this 13th day of March, 2019. READ a second time this 13th day of March, 2019. READ a third time this 13th day of March, 2019. ADOPTED this 27th day of March, 2019. Mayor Corporate Officer Certified a true and correct copy of the District of Sicamous Fireworks Bylaw No. 963, 2019 ________________________ Corporate Officer Fireworks Bylaw No. 963, 2019 Schedule "A" Application for the Discharge of Display Fireworks and Pyrotechnic Special Effects Name of Applicant: Date of Application: Phone Number: Age of Applicant: Date of Display: Fireworks Supervisors Card No: Expiry Date: Time of Display: Mailing Address: Event Address: Type of Event: Approximate Quantities of Fireworks: THE APPLICANT HEREBY applies to discharge Display Fireworks and Pyrotechnic Special Effects at the above mentioned location and time. Applicant must be the person setting off the Fireworks and must 1. application must be submitted to the Fire Chief, District of Sicamous Fire Department, PO Box 219, Sicamous, B.C. V0E 2V0 2. if the Fireworks are not on property owned by the Applicant, written approval from the Owner of the property in the form of Schedule "B" must be attached to this application 3. a Certificate of Insurance with a minimum of $5,000,000 liability and the District of Sicamous listed as an additional issued THE APPLICANT CERTIFIES that they understand and will strictly abide by all the provisions set forth in the District Fireworks Bylaw No. 963, 2019 and all provincial and federal laws and regulations in force from time to time and any conditions or restrictions imposed in this permit by the Fire Chief. THE APPLICANT UNDERSTANDS that they are responsible for the care, storage, transportation and discharge of the fireworks they have in their possession. They are also responsible for maintaining adequate insurance as set forth in the District's Bylaw. Upon the failure to discharge any fireworks on the specified date, it is the responsibility of the owner of the fireworks to make arrangements with the Fire Chief to safely dispose of them. The application fee for this Permit is non- refundable and the Permit is liable to rescission without financial reimbursement should any information supplied in this application be found to be false or should the applicant contravene any of the provisions set forth in the District Fireworks Bylaw No. 963, 2019 or any provincial and federal laws or regulations. THE APPLICANT COVENANTS that the Applicant will indemnify and save harmless the District and its elected officials, employees, officers, agents and contractors from and against any and all manner of actions or causes of action, damages, cost, loss, or expenses of whatever kind (including, without limitation, legal fees) which the District or its elected officials, employees, officers, agents and contractors may sustain, incur, or be put to by reason of or arising out of: 1. the issuance of this permit; or 2. any act or omission of the Applicant or any person for whom the Applicant at law, responsible, including, without limitation, the non-observance or non-performance of any obligation imposed by federal or provincial law Applicant's Signature: Date: ______________________________ Issued by the Fire Chief on _______ of ______________________, ________ Signature:________________________________________________ NOTICE OF COLLECTION OF PERSONAL INFORMATION Personal information on this form is collected under the authority of the Freedom of Information & Protection of Privacy Act for the purpose of processing this application. Personal information is protected from unauthorized use and disclosure in accordance with the Freedom of Information & Protection of Privacy Act and may only be used and disclosed as provided by that Act. Questions regarding the collection of personal information can be directed to the Administrator or FOI Coordinator, District of Sicamous, PO Box 219, 446 Main Street, Sicamous, BC V0E 2V0, [email protected], 250-836-2477. District of Sicamous 446 Main Street T: 250 836 2477 PO Box 219 F: 250 836 4314 Sicamous, BC E: [email protected] V0E 2V0 sicamous.ca Fireworks Bylaw No. 963, 2019 Schedule "B" Owner/Owners Save Harmless Agreement (To be signed by the Owner/Owners of the property on which the Fireworks is to take place.) I/We, being the Owner/Owners of , consent to the holding of Fireworks on the property described herein and to be held at, in, or near the above described property in conjunction with: on , 20 Name of Special Event or Festival pursuant to the District of Sicamous Fireworks Bylaw No. 963, 2019 and agree to: The Owner/Owners shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the District, its elected officials, officers, employees and agents (the Indemnities) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this Fireworks Permit, excepting only where such loss, costs, damages and expenses are as a result of the sole negligence of the Indemnities. The Owner/Owners shall defend, indemnify and hold harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non- performance of this Fireworks Permit, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities. Signature of Owner(s) Signature of Owner(s) Date NOTICE OF COLLECTION OF PERSONAL INFORMATION Personal information on this form is collected under the authority of the Freedom of Information & Protection of Privacy Act for administrative purposes of the District of Sicamous. Personal information is protected from unauthorized use and disclosure in accordance with the Freedom of Information & Protection of Privacy Act and may only be used and disclosed as provided by that Act. Questions regarding the collection of personal information can be directed to the Administrator or FOI Coordinator, District of Sicamous, PO Box 219, 446 Main Street, Sicamous, BC V0E 2V0, [email protected], 250-836-2477. District of Sicamous 446 Main Street T: 250 836 2477 PO Box 219 F: 250 836 4314 Sicamous, BC E: [email protected] V0E 2V0 sicamous.ca