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## TOWN OF BEAUSEJOUR BY-LAW NO. 1662/11
BEING A BY-LAW OF THE TOWN OF BEAUSEJOUR TO PROHIBIT THE SALE AND FIRING OR SETTING OFF OF FIREBALLS, SQUIBS AND FIRECRACKERS AND TO REGULATE THE SETTING OFF AND THE STORAGE OF FIREWORKS WITHIN THE TOWN.
WHEREAS Section 232(1)(i) of The Municipal Act states in part as follows:
- 232(1) A Council may pass by-laws for municipal purposes respecting the following matters:
AND WHEREAS it is desirable and in the best interests of the Town of Beausejour to prohibit the sales and firing or setting off of fireballs, squibs and firecrackers and to regulate the setting off of fireworks within the Town.
NOW THEREFORE THE TOWN OF BEAUSEJOUR, in Council assembled, enacts as follows:
## 1. In this By-Law,
- (a) "Firecracker" means any article of the class of fireworks that is designed and
- (b) "Fireworks" means any article of the class of fireworks that is designed and commonly known and described as Roman candles, pinwheels and sparklers.
- "Display Fireworks" means outdoor, high-hazard recreational fireworks formerly defined as Class 7.2.2. in the Explosives Regulations of the lances and wheels.
- "Consumer Fireworks" means outdoor low hazard recreational fireworks formerly defined as Class 7.2.1 in the Explosives Regulations of the Explosives Act (Canada) and designed for recreational use by the public. Include in this Class are such items as sparklers, fountains, wheels, volcanoes, mines and snakes.
## BY-LAW NO. 1662/11
3. No person shall sell firecracker. or offer for sale at retail in the Town of Beausejour any
4. No person shall fire or set off of cause to be fired or set off any firecracker in the Town of Beausejour.
5. No person shall sell or offer for sale in the Town of Beausejour any fireworks to anyone under eighteen years of age.
6. No person shall use, set off or allow to be used or set off any fireworks in such a place or in such a manner as might create danger or constitute a nuisance to any erson or property, or to do or cause or allow any unsafe act or omission at the tim nd place for the setting off of any fireworks
7. No person shall set off any fireworks in or into any building, doorway, automobile, or other place where such setting off might create a danger or nuisance to any person or property.
8. No person shall set off any fireworks in or on or into any highway, street, lane, square or other public place; provided that this shall not be deemed to prohibit a display of fireworks in accordance with the provisions of this By-Law.
9. The setting off of Consumer Fireworks on land appurtenant to a private residence by the owner or tenant of such residence or a person authorized by him so to do shall not be deemed to be a Display Fireworks.
8. No person shall hold a Display Fireworks in the Town of Beausejour except under a permit issued under section 11 and in compliance with the conditions contained in sections 11 and 12.
11. The Fire Chief or his designate for the Town in which a Display Fireworks is to take place, may issue permits for Display Fireworks on the conditions set forth in section 12, and each permit shall state: the name of the club, association or group to whom he same is issued; the name and address of any executive officer or other responsible person; the place and date upon which the Display Fireworks is to be held, the nam and address of each person under who conduct and supervision the display shall be held; the manner in which unused fireworks are to be disposed of and the manner and means of restraining unauthorized persons from attending too close to the location where the fireworks are to be set off.
12. The following conditions shall apply to the holding of Display Fireworks under a permit issued under section 11:
11. (a) the display shall be held by or under the auspices of a club, association or group of persons;
12. (b) the display shall be held at the place and on the date set forth in the permit;
13. (c) the display shall be under the conduct and supervision of at least one responsible person, who shall be at least eighteen years of age;
14. (d)
## BY-LAW NO. 1662/11
- (e) no display shall be held within 500 feet of a nursing home, hospital, home for the aged, any premises or place where explosives, gasoline or other highly inflammable substances are manufactured, sold or stored, or within 500 feet of a church or an elementary, secondary or other school unless the consent of the owner of such church or an elementary, secondary or other school or any agent or representative of such owner has been obtained;
- all unused fireworks and all debris shall be removed by the club, association or group of persons holding the display immediately following its conclusion and safely disposed of;
- (g) The permit shall be in a form as provided by the Province of Manitoba
13. Any person guilty of a breach of any of the provisions of this By-Law shall be liable, on conviction thereof, to a fine not exceeding one thousand dollars in the case of an individual, or five thousand dollars in the case of a corporation.
DONE AND PASSED as a By-Law of the Town of Beausejour in the Province of Manitoba this 28 day of June, 2011 A.D.
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MAYOR
CHIEF ADMINISTRATIVE OFFICER
Read a first time on this I4 day of June, A.D. 2011
Read a second time on this 28 day of June, A.D. 2011
Read a third time on this 28 day of June, A.D. 2011