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1.
SHORT TITLE
TOWN OF PORT HAWKESBURY
FIREWORKS BY-LAW
This By-Law shall be known as the "Fireworks By-Law".
2.
AUTHORITY
Sections 172(1){a)(b) and (d) of the Municipal Government Act provide
municipalities with the power to make By-Laws respecting the health, well
being, safety and protection of persons, the safety and protection of property,
and activities that may cause nuisances including noise, burning, odors and
fumes.
3.
DEFINITIONS
In this By-Law, the following definitions shall apply:
a) "Consumer Fireworks" means low hazard fireworks generally used for
recreational purposes such as showers, fountains, golden rain, lawn lights, pin
wheels, Roman candles, volcanoes, sparklers, caps for toy guns and Christmas
crackers;
b) "Display Fireworks" means high hazard fireworks generally used for community
celebrations such as bombshells, aerial shells, large wheels and bombardos;
c) "Firecrackers" means a class of fireworks which when ignited explodes with little
or no visual effect, but does not include caps for toy guns or Christmas crackers;
d) "Fire Chief" means the Fire Chief of the Port Hawkesbury Volunteer Fire
Department;
e) "Officer" means a By-law Enforcement Officer, Police Officer, Fire Chief or
Designate.
f)
"Owner" means any p_erson, firm or corporation having control over any portion
of the building or property under consideration;
g) "Town Council" means the Town Council for the Town of Port Hawkesbury
Town of Port Hawkesbury
Fireworks ByLaw
Page 1
This electronic version of this By-law is provided by the Clerk of the Town of Port Hawkesbury for your convenience and personal use only.
Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult the Clerk's office.
4.
SALE OF FIREWORKS AND FIRECRACKERS
1}
No person shall sell or offer for sale any firecrackers within the Town of Port
Hawkesbury;
2}
No person shall sell, offer for sale, give or distribute consumer fireworks to any
person under nineteen (19) years of age.
3)
Where fireworks are offered for sale, they must be displayed in such a manner
that they are not accessible as a self-serve item.
4)
Where fireworks are offered for sale, they must be kept away from flammable
goods and away from excessive heat and sunlight.
S)
Where fireworks are offered for sale, a letter from the owner of the property
where the sale of fireworks will take place shall provide written permission to
the seller to allow the sale of fireworks on the premises and a copy of such letter
must be delivered to the Town Office.
6)
Where fireworks are offered for sale, an Officer may inspect the premises to
ensure the safe storage and display of the fireworks.
S.
SETTING OFF OF FIRECRACKERS
1)
No person shall discharge, fire, set off or cause to be set off any firecrackers
within the Town of Port Hawkesbury.
6.
SETTING OFF OF CONSUMER FIREWORKS
1)
No person shall discharge, fire, set off or cause to be set off any consumer
fireworks within the Town of Port Hawkesbury;
7.
SETTING OFF OF DISPLAY FIREWORKS
1)
No person shall hold a display of or set off display fireworks at any time without
approval from the Fire Chief;
2}
The Fire Chief may impose such conditions for approval as he/she considers
necessary to ensure the safety of the public.
3)
Setting off of display fireworks must be in accordance with recognized safety
procedures including, but not limited to:
a) keeping spectators at a safe distance;
b) protecting private and public property;
c) ensuring suitable fire extinguishing equipment is available at all times.
4)
The person(s) responsible for the setting off of any fireworks must ensure that all
unused fireworks and debris be removed and safely disposed of immediately
following the event.
Town of Port Hawkesbury
Fireworks By-Law
Page 2
S)
Only persons who hold a valid Fireworks Supervisor Certificate or equivalent
thereof as issued by Natural Resources Canada are eligible to be given approval
to set off Display Fireworks.
8,
GRANT OF EXEMPTION BY COUNCIL,
1)
Notwithstanding anything contained in this By-Law, any person may make
application to Town Council to be granted an exemption from any of the
provisions of this By-Law with respect to the discharge of fireworks and Town
Council may refuse to grant any exemption or may grant the exemption upon
such terms and conditions as Council sees fit.
2)
In deciding whether to grant the exemption, Town Council shall give the
applicant and any person opposed to the application an opportunity to be heard
and may consider such other matters as it deems appropriate.
3)
A breach by the applicant of any of the terms or conditions of any exemption
granted by Town Council shall render the exemption null and void.
9.
RIGHT OF ENTRY
1)
An Officer may, at any time, enter onto any land or premises to determine
whether this By-Law is being complied with;
2)
Every owner shall permit the Officer to inspect any land or premises for the
purpose of determining compliance with this By-Law.
10,
PENALTY
1)
Any person who contravenes any of the provisions of this By-Law is guilty of an
offence and shall be liable to a penalty of not less than $250.00 and not
exceeding $5,000.00 for each offence.
2)
Any person who is issued a Notice of By-Law violation may pay to the Town of
Port Hawkesbury the sum provided under the Town's payment in Lieu of\
Prosecution Policy within 14 days of the date of the Notice and shall thereby
avoid prosecution for that contravention.
11,
REPEAL
1) Section 19 of the Peace and Good Order By-Law is hereby repealed.
Town of Port Hawkesbury
Fireworks By-Law
Page 3
Date of First Reading:
August 61 2013
Date of Advertisement of Notice of Intent to Consider:
August 14, 2013
Date of Second Reading:
September 3, 2013
Date of Advertisement of By-law Passage and Approval:
September 11, 2013
Date of Mailing Certified Copy to SNSMR:
September 24, 2013
ireworks By-Law was adopted by Council and published as indicated above.
Maris Freimanis P. Eng.
Chief Administrative Officer
Town of Port Hawkesbury
Fireworks By-Law
Page 4
September 24, 2013
Date