Fireworks and Firearms Display Regulation Bylaw No. 1219, 2016
Tofino, British Columbia
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DISTRICT
OF
TOFINO
CORPORATION OF THE
DISTRICT OF TOFINO
FIREARMS AND FIREWORKS DISPLAY
REGULATION BYLAW NO. 1219, 2016
Effective Date
-- April 5, 2016
DISTRICT OF TOFINO
BYLAW NO. 1219, 2016
A Bylaw to regulate, prohibit, and impose requirements
in relation to firecrackers
and
fireworks and to regulate and impose requirements
in relation to firearms.
WHEREAS the Community
Charter authorizes the Council of the District of Tofino to
regulate,
prohibit and impose requirements
in relation to firecrackers
and fireworks;
and
to regulate and impose requirements
in relation to the discharge
of firearms;
NOW THEREFORE
the Council of the District of Tofino,
in open
meeting,
enacts
as
follows:
1.
Citation
The name of this Bylaw for citation purposes
is "District of Tofino Fireworks and
Firearms
Regulation Bylaw, No. 1219, 2016".
Definitions
In this Bylaw:
Consumer
Fireworks
means
outdoor,
low hazard
fireworks generally used for
recreation
and classified by the Explosives Regulations
as Class F.1 explosives,
and includes fireworks showers,
fountains,
golden
rain, lawn lights, pin wheels,
roman candles
and volcanoes,
but excludes
Christmas
crackers,
sparklers
and
caps for toy guns;
Display
Fireworks
means
outdoor
high hazard
fireworks
generally
used
for
recreation
and public display and classified
by the Explosives
Regulations
as
Class
F.2
explosives,
and
includes
rockets,
serpents,
shells,
bombshells,
tourbilions,
maroons,
large wheels,
bouquets,
bombardos,
waterfalls,
fountains,
batteries,
set pieces and pigeons, but excludes firecrackers;
District means the District of Tofino;
Enforcement
Officer
means
the
Fire Chief, or any person employed
by the
District as a Bylaw Enforcement
Officer, or any member of the Royal Canadian
Mounted Police;
Firearm includes
any gun using, as a propellant, compressed
air, explosives
or
gas.
Fire Chief means
a person
hired by the Chief Administrative
Officer to be in
charge of the Fire Department,
and includes
any other person
authorized to act
on behalf of the Fire Chief;
Firecracker
means
a small pyrotechnic device, used primarily as a noisemaker,
that explodes when ignited and does not make any subsequent
display or visible
DistrictofTo?no Fireworksand Firearms Regulation Bylaw No. 1219, 2016
2
effect
after the
explosion,
and
includes
those
devices
commonly
known
as
Chinese firecrackers;
Fireworks
means
Consumer
Fireworks,
Display
Fireworks,
and
Pyrotechnic
Special Effects Fireworks;
Pyrotechnic
Special
Effects
Fireworks
means explosive articles and explosive
substances
used in a film or television production or a performance
before a live
audience
to create
pyrotechnic
special effects
and classified by the Explosives
Regulations as Class F.3 explosives.
3.
Prohibitions
(1)
No person
shall sell, offer to sell, give away, trade, or otherwise
dispose
of
fireworks or firecrackers
to any other person.
(2)
No person
shall buy,
fire, discharge,
set
off, explode,
or othenivise use
fireworks or firecrackers.
(3)
No person
being the
parent
or guardian
of any
person
under the age
of
eighteen
(18) years
may allow that person to buy, hold, possess,
store, ?re,
discharge,
set off, explode,
or otherwise
use any fireworks or firecrackers.
(4)
The discharging of firearms,
including air guns, air rifles, air pistols and spring
guns is prohibited within the District.
4.
Exemptions
(1)
Despite section 3 (2), a person who is eighteen
(18) years or older may hold,
possess,
store, fire, discharge,
set off, explode, and otherwise use Consumer
Fireworks between the hours of 5:00 p.m. and midnight on January
1, July 1,
July 4, October 31, December 31 of any year.
(2)
This Bylaw does not prohibit or regulate the use of torpedoes,
flares, fuzzes
or similar pyrotechnic
devices
by motorists,
boat operators,
police or other
agencies
for signaling purposes or illumination.
5.
Enforcement
(1)
No
person
shall
obstruct
an
Enforcement
Officer
engaged
in
the
administration or enforcement of the Bylaw.
(2)
Every person who contravenes
a provision of this Bylaw commits
an offence
and each day that the violation is caused or allowed to continue,
constitutes
a
separate
offence.
(3)
Any person guilty of an infraction of this Bylaw:
(a)
shall be liable, on summary conviction,
to a fine of not less than $100.00
and
not more
than
$10,000.00,
or imprisonment
not exceeding
the
maximum allowed by the Offence Act;
(b)
shall be liable for the fines established
in the "District of Tofino Municipal
Ticket Information Bylaw No. 1107, 2010";
Districtof To?no Fireworks and Firearms Regulation Bylaw No. 1219, 2016
(c)
shall be liable for the penalties established
in the "District of Tofino Bylaw
Notice Enforcement
and Dispute Adjudication System
Bylaw No. 1107,
2010;
(d)
may be party to an enforcement
proceeding
brought in Supreme
Court;
or
(e)
any combination of (a), (b), (c) and (d) above.
6.
Severability
Ifa portion of this Bylaw is held invalid by a Court of competentjurisdiction,
then
the invalid portion must be severed and the remainder of this bylaw is deemed to
have
been
adopted
without
the
severed
section,
subsection,
paragraph,
subparagraph,
clause or phrase.
7.
Repeal
"District of To?no Firearms and
Fireworks
Display Regulation By-law No. 592,
1992" is hereby repealed.
READ A FIRST TIME on March 15, 2016
READ A SECOND TIME on March 15,2016
READ A THIRD TIME on March 15, 2016
ADOPTED on April 5, 2016
Josie
borne, Mayor
Robert MacPherson,
Corporate Officer
DistrictofTo?no Fireworks and Firearms Regulation Bylaw No. 1219, 2016