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THE CORPORATION OF THE TOWN OF AMHERSTBURG
BY-LAW NO. 2022-032
A By-law to Respecting the Sale and the Setting Off of Fireworks
within the Town of Amherstburg
WHEREAS Section 120 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
authorizes municipalities to prohibit and regulate the manufacturing, storage and
transporting of explosives within the municipality;
AND WHEREAS Section 121 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
provides that a local municipality may prohibit and regulate the sale and setting of
fireworks and further that a by-law may prohibit those activities unless a permit is obtained
for those activities and may impose conditions for obtaining, continuing to hold and
renewing the permit, including requiring the submission of plans;
AND WHEREAS section 7.1(1) of the Fire Protection and Prevention Act, 1997,
S.O. 1997, c. 4, as amended provides that a council of a municipality may pass by-laws
regulating fire prevention, including the prevention of spreading fires; and,
AND WHEREAS Section 391 states that a municipality may pass by-laws imposing fees
or charges on any class of Persons for services or activities provided or done by or on
behalf of it; AND WHEREAS it is deemed expedient to regulate the sale and setting off of
fireworks in the Town of Amherstburg;
THEREFORE the Council of the Corporation of the Town of Amherstburg enacts as
follows:
1.
DEFINITIONS
In this by-law:
"Act" means the Explosives Act, Revised Statutes of Canada, 1985, Chapter E-17, and
the Regulations enacted thereunder as amended from time to time or any Act and
Regulations enacted in substitution therefore;
"Applicant" means a Person eighteen (18) years of age or more who is a registered legal
Owner of the property upon which the display is to be Discharged or a Person eighteen
(18) years of age or more who is the Occupier of the property up on which the Display is
to be Discharged and who has been provided with permission by a registered legal Owner
of the property;
"Authorized Persons" means, as the context requires, a) in the case of Display Fireworks
those persons working under the direct supervision of the fireworks supervisor, who have
been as a minimum, certified as an apprentice as required by the Explosives Regulatory
Division of Natural Resources Canada, and b) in the case of Pyrotechnic Special Effects
Fireworks, those persons working under the direct supervision of the pyrotechnician, who
have been as a minimum, certified as a theatrical user as required by the Explosives
Regulatory Division of Natural Resources Canada;
"Building" means any structure used or intended for supporting or any sheltering use or
occupancy;
"Chief Fire Official" means the Chief of the Amherstburg Fire Department or his
designate(s);
"Consumer Firework" means an outdoor, low hazard, recreational firework that is
classed as Subdivision 1 of Division 2 of Class 7 Fireworks under the Act, and includes
fireworks showers, fountains, golden rain, lawn lights, pin wheels, Roman candles,
volcanoes, and sparklers but does not include Christmas crackers and caps for toy guns
containing not in excess of twenty-five one-hundredths of a grain of explosive used per
cap;
"Council" means the Council of the Corporation of the Town of Amherstburg;
"Discharge" means to fire, ignite, explode, or set off or cause to befired, ignited, exploded
or setoff and the words" discharged" and "discharging" have a similar meaning;
"Display" means a performance, show, or event using Fireworks intended for public
entertainment;
"Display Firework" means an outdoor, high hazard, recreational firework that is classed
as a Subdivision 2 of Division 2 of Class 7 Fireworks under the Act, and includes rockets,
serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos,
waterfalls, fountains, batteries, illumination, set pieces and pigeons but does not include
firecrackers;
"Firecracker" means a pyrotechnic device that explodes when ignited and does not make
any subsequent display or visible effect after the explosion, and includes those devices
commonly known as Chinese firecrackers;
"Fire Extinguishing Equipment" means sufficient personnel and/or equipment, which
may include items such as fire extinguishers, water hose, pails and sand, as is necessary
dependent on the type and size of the fireworks being discharged;
"Fireworks" means display fireworks, pyrotechnic special effects fireworks and consumer
fireworks;
"Fireworks Supervisor" means a person who is an approved purchaser of display
fireworks and who is qualified under the Act to supervise the Discharge of Display
Fireworks;
"FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, as amended,
and the Regulations enacted thereunder as amended from time to time or any Act or
Regulations enacted in substitution therefore;
"Municipal Law Enforcement Officer" means an individual appointed by the Town for
the purpose of enforcing Town by-laws;
"Nuisance" means a hazard or condition, thing, act or omission which is offensive or
which tends to prejudice the safety, order, peace or health of residents of the municipality
or an activity, condition or premises or thing which adversely affects the rights or
reasonable comfort convenience or peace and quiet of any neighbourhood in the
municipality;
"Occupant" means any person or persons over the age of eighteen (18) years in
possession of the property;
"Owner" shall include any Person who is an owner of land either jointly or in common
with any other Person or persons and shall include any or all of such persons;
"Permit" means a written conditional authorization issued and administered by the Chief
Fire Official to Display Fireworks in accordance with restrictions and conditions contained
within this by-law or as may be specified on the Permit itself;
"Person" means any individual, owner, occupant, association, firm, partnership,
corporation, agent or trustee and the heirs, executors, or other legal representatives of a
person to whom the context can apply according to law who is at least eighteen (18) years
of age or more;
"Prohibited Firework" includes but is not limited to sky lanterns (Chinese, Kongming or
Wish lantern), cigarette loads or pings/ plugs, exploding matches, sparkling matches,
ammunition for miniature tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry
bombs, M-80 and silver salutes and flash crackers, throw down torpedoes and crackling
balls, exploding golf balls, stink bombs and smoke bombs, tear gas pens and launchers,
party poppers and table bombs, table rockets and battle sky rockets, fake firecrackers
and other trick devices or practical jokes as included on the most recent list of prohibited
fireworks as published from time to time under the Act and any fireworks not on the
approved list of the Ministry of National Resources Explosives Branch as amended from
time to time;
"Public Events" includes, but is not limited to, an event that is held at Municipal Facilities
(including parks, buildings, roadways, etc.), is open to the general public with or without
an admission fee and has the potential for involvement of a number of attendees that
could not be managed without special measures being put in place;
"Pyrotechnician" means a person who is certified under the Act as a Theatrical User, an
Assistant, a Pyrotechnician or a Special Effects Pyrotechnician and is qualified to
purchase and supervise the display of pyrotechnic special effect fireworks under the Act;
"Pyrotechnic Special Effect Firework" means a high hazard firework that is classed as
a Subdivision 5 of Division 2 of Class 7 Firework under the Act and that is used to produce
a special pyrotechnic effect for indoor or outdoor performances and includes black powder
bombs, bullet effect, flash, powder, air bursts, smoke compositions, gerbs, lances and
wheels;
"Sell" includes offer for sale, cause or permit to be sold and to possess for the purpose
of sale and the words "selling" and "sold" have a similar meaning.
"Sky Lantern" (also known as a Chinese, Kongming or Wish lantern) are devices that
are constructed of paper and a frame containing a fuel pack. The fuel pack is usually a
petroleum or wax based fuel that when lit causes the lantern to lift into the sky;
"Temporary Sales Unit" means an enclosed portable stand, cart, display rack, cargo
container or trailer, or other display unit that can be moved from one location to another
and is used for the sale of Consumer Fireworks.
"Town" means the Corporation of the Town of Amherstburg
2.
INTERPRETATION
2.1
In this by-law, a word interpreted in the singular number has a corresponding
meaning when used in the plural.
2.2
Nothing in this by-law shall be interpreted as reducing or eliminating compliance
with the provisions of all applicable Federal or Provincial statutes and regulations
related to explosives or fireworks and in particular the Act, as amended.
2.3
Words importing the singular number or the masculine gender only, include more
persons, parties or things of the same kind than one and females as well as males
and the converse.
3.
SALE OF FIREWORKS AND FIRECRACKERS
3.1
No Person shall Sell any Firecrackers.
3.2
No Person shall Sell any Prohibited Fireworks.
3.3
No Person shall Sell Consumer Fireworks except on the following days:
3.3.1
Victoria Day, Canada Day, the Fourth of July, New Year's Eve; and,
3.3.2
Each of the seven (7) business days immediately preceding Victoria Day,
Canada Day, Fourth of July and New Year's Eve.
3.4
Every Person in charge of a store shall ensure that Fireworks displayed in store
windows shall be mock samples only and not contain explosive composition.
3.5
No Person shall display for sale within the Town any type of Fireworks in any
manner other than in such a place that the Fireworks are notexposed to the rays
of the sun or to excess heat from any other source.
3.6
No Person shall, within the Town, Sell or give any Person under the age of 18 years
any type of Consumer or Display Fireworks.
3.7
No Person shall display for sale within the Town any Consumer Firework in any
manner other than in a package, glass case, or other suitable receptacle, away
from any other flammable goods.
3.8
No Person shall Sell Fireworks in a Building or Temporary Sales Unit unless the
provisions of the Ontario Fire Code and all other applicable Acts and Regulations
are complied with.
4.
DISCHARGE OF FIRECRACKERS AND PROHIBITED FIREWORKS
4.1
No Person shall Discharge any Firecrackers.
4.2
No Person shall Discharge any Prohibited Fireworks.
5.
CONSUMER FIREWORKS PROHIBITIONS
5.1
No Person shall Discharge Consumer Fireworks except on the following days:
-
Between dusk and 12:00 a.m. from the weekend beginning
Friday prior to Victoria Day, to the Sunday following Victoria Day;
-
Between dusk and 12:00 a.m. from the weekend beginning
Friday prior to Canada Day, to the Sunday following Canada Day;
-
Between dusk and 12:00 a.m. from the weekend beginning
Friday prior to the Fourth of July, to the Sunday following the Fourth of July,
and
-
Between dusk and 1 :00 a.m. on New Year's Eve.
5.2
A Person eighteen (18) years of age or older may hold a Display of Consumer
Fireworks on any land belonging to him or her or on any other privately owned land
where the Owner thereof has given permission for such Display or Discharge of
Fireworks.
5.3
No Person under the age of eighteen (18) years shall Discharge any Consumer
Fireworks except under the direct supervision of and control of a Person eighteen
(18) years of age or over.
5.4
No Person being the parent or guardian of any Person under the age of eighteen
(18) years shall allow the Person to Discharge any Consumer Fireworks except
when such parent or guardian or some other responsible Person of eighteen (18)
years of age or over is in direct supervision and control.
5.5
No Person shall Discharge any Consumer Fireworks in such a manner as might
create danger or constitute a Nuisance to any Person orproperty, or to do or cause
or allow any unsafe act or omission at the time and place for the Discharging of
any Fireworks.
5.6
No Person shall Discharge any Consumer Fireworks including sparklers or
volcanoes inside a restaurant or other public assembly occupancy without the
following conditions being met:
5.6.1
A description of the fire emergency procedures specific to the Consumer
Fireworks contained within the approved fire safety plan forthe occupancy,
and
5.6.2
Provide and maintain fully operational, Fire Extinguishing Equipment ready
for immediate use by trained individuals at site of Display (table/serving
cart, etc.)
5.7
No Person shall Discharge any Consumer Fireworks in or into any Building,
doorway, or automobile.
5.8
No Person shall Discharge any Consumer Fireworks in or on or into any highway,
street, alley, lane, square or other public place, unless under a Display Fireworks
permit to do so issued by the Chief Fire Official.
6.
DISPLAY FIREWORKS PROHIBITIONS
6.1
No Person or group of Persons shall Discharge any Display Fireworks in the Town
of Amherstburg, without first having obtained a Permit issued by the Chief Fire
Official authorizing the Discharge of Display Fireworks.
6.2
No Display Fireworks shall be permitted on any Town owned property without first
having obtained the Public Event approval of Council as well as the required Permit
from the Chief Fire Official.
6.3
No Permit Holder shall Discharge Display Fireworks except in accordance with the
conditions of the Permit.
7.
PERMIT REQUIREMENTS- DISPLAY FIREWORKS
7.1
Every application for a Display Firework Permit shall be made to the Chief Fire
Official a minimum of 30 days prior to the event when the proposed Discharge of
Display Fireworks is to occur.
7.2
The Chief Fire Official may issue Permits for Displays Fireworks on the conditions
set forth in Section 8, and each such Permit shall state the name of the sponsoring
club, association or group, the purpose of the Display, the place and date at which
the same may be held, and the name of the Person under whose supervision the
Display shall be held.
7.3.
The application for a Display Firework Permit shall include:
7.3.1
The name, address, email address and phone number ofthe Applicant;
7.3.2
The Owner's written consent to a Display of Fireworks if the Applicant is
not the Owner of the property, and if part of a Public Event, approval of
Council;
7.3.3
The location, date and time of the proposed Discharge of Display
Fireworks;
7.3.4
The type and kind of Display Fireworks that may be Discharged, including
the height, range of effect, fallout and duration of the Display Fireworks;
7.3.5
The Discharge techniques to be used;
7.3.6
The manner and means of restraining unauthorized persons from attending
too near the Discharge site;
7.3.7
The manner in which unused Display Fireworks are to be disposed of,
7.3.8
The number of Authorized Persons on site during the event to handle and
Discharge the Display Fireworks;
7.3.9
The method and location of storage of the Display Fireworks prior to set up
and Display;
7.3.10 A site plan providing a description of the Discharge site to be used for the
Discharging of the Display Fireworks;
7.3.11 A description of the fire emergency procedures;
7.3.12 Proof of certification of the Applicant as a Fireworks Supervisor;
7.3.13 The Permit Fee.
7.3.14 Proof of Insurance and Indemnification in accordance with the
requirements of this by-law.
7.3.15 Such other information as required by the Chief Fire Official.
7.4
The Chief Fire Official reserves the right to issue or deny issuing a Permit.
8.
DISPLAY FIREWORK PERMIT CONDITIONS
8.1
The following conditions shall apply to the holding of a Display of Display Fireworks
under a Permit issued under this by-law:
8.1.1
An application for permit is submitted to chief fire official for approval with
payment required as per user fee bylaw,
8.1.2
the Permit is valid only for the Display at the place and on the date or dates
set forth on the Permit,
8.1.3
the permit holder shall supervise the Display of Display Fireworks,
8.1.4
the permit holder or his licensed designate shall Discharge the Display
Fireworks, and any Consumer Fireworks identified,
8.1.5
every permit holder shall provide and maintain fully operational, Fire
Extinguishing Equipment ready for immediate use at each firing site,
8.1.6
the permit holder shall comply at all times with the provisions ofthe Act, the
Fire Protection and Prevention Act, 1997, and the Display Fireworks
Manual published by Natural Resources Canada or any successor
publication,
8.1. 7
a demonstration of the Display or portions of the Display shall be conducted
upon request of the Chief Fire Official, and
8.1.8
the permit holder shall recognize the Chief Fire Official's authority to reduce
and or cancel the Display if the weather conditions are not conducive to
public safety.
8.2
The permit holder holding the Display of Display Fireworks shall ensure that all
unused Fireworks and all debris are removed.
8.3
No permit holder shall Discharge Display Fireworks except in accordance with the
conditions of the Permit.
8.4
The Chief Fire Official may impose further conditions on the Permitas deemed
necessary.
8.5
Every holder of a Display Fireworks Permit shall produce his or her Permit upon
being so directed by the Chief Fire Official.
8.6
A Display Fireworks Permit granted by the Chief Fire Official may be revoked
whenever, in his discretion, the holder of such Permit is in non- compliance with its
terms or he has concerns for the safety of the public.
9.
PYROTECHNIC SPECIAL EFFECTS FIREWORKS PROHIBITIONS
9.1
No Person or group of Persons shall hold a Display of Pyrotechnic Special Effect
Fireworks in the Town of Amherstburg without first having obtained a Permit.
9.2
No Display of Pyrotechnic Special Effect Fireworks shall be permitted on any Town
owned property without first having obtained the Public Event approval of Council
as well as the required Permit from the Chief Fire Official.
8.1.7 a demonstration of the Display or portions of the Display shall be conducted
upon request of the Chief Fire Official, and
10.
PERMIT REQUIREMENTS- PYROTECHNIC SPECIAL EFFECT FIREWORKS
10.1
Every application for a Pyrotechnic Special Effect Firework Permit shall be made
to the Chief Fire Official a minimum of 30 days prior to the event when the proposed
Discharge of Pyrotechnic Special Effect Fireworks is to occur.
10.2
The Chief Fire Official may issue Permits for Pyrotechnic Special Effect Fireworks
on the conditions set forth in Section 11, and each such Permit shall state the name
of the sponsoring club, association or group, the purpose of the Display, the place
and date at which the same may be held, and the name of the Person under whose
supervision the Display shall be held.
10.3
The application for a Pyrotechnic Special Effect Firework Permit shall include:
10.3.1
The name, address, email address and phone number of the Applicant;
10.3.2
The Owner's written consent to a Pyrotechnic Special Effect Firework
Display if the Applicant is not the Owner of the property, and if part of a
Public Event, approval of Council;
10.3.3
The location, date and time of the proposed Pyrotechnic Special Effect
Firework Display
10.3.4
The type and kind of Pyrotechnic Special Effect Fireworkthat may be
Discharged, including the height, range of effect, fallout and duration of
the Pyrotechnic Special Effect Fireworks.
10.3.5
A site plan of the facility and room capacity, the stage and the
Pyrotechnic Special Effect Fireworks storage area.
10.3.6
The Discharge techniques to be used including the sequence of firing;
10.3. 7
The location of the audience and all exits;
10.3.8
The manner in which unused Pyrotechnic Special Effect Fireworks are
to be disposed of;
10.3.9
The number of Authorized Persons on site during the event to handle
and Discharge of the Pyrotechnic Special Effect Fireworks;
10.3.10
The method and location of storage of the Pyrotechnic Special Effect
Fireworks prior to set up and Display;
10.3.11
Description of fire emergency procedures;
10.3.12
Proof of certification of the Applicant as a Pyrotechnician;
10.3.13
The Permit Fee
10.3.14
Proof of Insurance and
Indemnification
in
accordance with
the
requirements of this by-law;
10.3.15
Such other information as required by the Chief Fire Official;
10.4
The Chief Fire Official reserves the right to issue or deny Issuing a permit.
11.
PYROTECHNIC SPECIAL EFFECT FIREWORKS CONDITIONS
11.1
The following conditions shall apply to the holding of a Display of Pyrotechnic
Special Effect Fireworks under a Permit issued under this by- law:
11.1.1
The Permit is valid only for the Display at the place and on the date or
dates and time(s) set forth in the Permit;
10.3.7 The location of the audience and all exits;
11.1.2
11.1.3
11.1.4
11.1.5
11.1.6
The permit holder shall supervise the Display of Pyrotechnic Special
Effect Fireworks;
The permit holder shall Discharge the Pyrotechnic Special Effects
Fireworks;
The permit holder shall provide and maintain fully operational, Fire
Extinguishing Equipment ready for immediate use;
The permit holder shall comply at all times with the requirements of the
Act and the Pyrotechnics Special Effects Manual published by Natural
Resources Canada or any successor publication;
A demonstration of the Display or portions of the Display shall be
conducted upon request of the Chief Fire Official.
11.2
The permit holder holding the Display of Pyrotechnic Special Effect Fireworks shall
ensure that all unused Fireworks and all debris are removed.
11.3
No permit holder shall Discharge Pyrotechnic Special Effect Fireworks except in
accordance with the conditions of the Permit.
11.4
The Chief Fire Official may impose further conditions on the Permit as deemed
necessary.
11.5
Every holder of a Pyrotechnic Special Effect Fireworks Permit shall produce his
Permit upon being directed by the Chief Fire Official.
11.6
A Pyrotechnic Special Effect Fireworks Permit granted by the Chief Fire Official may
be revoked whenever, in his discretion, the holder of such Permit is in non-
compliance with its terms or he has concerns for the safety of the public.
12.
INSURANCE
12.1
The Applicant shall provide and maintain Commercial General Liability insurance
subject to limits of not less than Five Million Dollars ($5,000,000.00) inclusive per
occurrence for bodily injury, death and damage to property including loss of use
thereof. Such insurance shall be in the name of the Applicant and shall name the
Town of Amherstburg as an additional insured thereunder. Such insurance shall
include permission to conduct Displays of Pyrotechnic Special Effects Fireworks or
Display Fireworks. Such insurance policy shall contain an endorsement to provide
the Town of Amherstburg with (30) days prior written notice of cancellation or of a
material change that would diminish coverage, and a Certificate of Insurance
evidencing such insurance coverage shall be provided to the Town of Amherstburg
prior to the issuance of a Permit.
13.
INDEMNIFICATION
13.1
The Applicant shall indemnify and save harmless the Town of Amherstburg from
any and all claims, demands, causes of action, loss costs or damages that the Town
of Amherstburg may suffer, incur or be liable for resulting from the performance of
the Applicant as set out in the by-law whether with or without negligence on the
part of the Applicant, the Applicant's employees, directors, contractors and agents.
14.
PERMIT FEE
~
14.1
The non-refundable Permit appfication fee is set out in of the Town's User Fee By-
law as amended from time to time.
15.
ENFORCEMENT
15.1
A Municipal Law Enforcement Officer/Chief Fire Official shall be permitted to enter
onto land at any time for the purpose of enforcing this by-law and any orders or
conditions imposed under the authority of this by-law.
15.2
No Person shall hinder or obstruct, or attempt to hinder or obstruct the entry or the
inspection of any property by a Municipal Law Enforcement Officer or otherwise
hinder or obstruct a Municipal Law Enforcement Officer exercising a power or
performing a duty under this By-law or Act.
16.
OFFENCES AND PENAL TIES
16.1
Every Person who contravenes any section of this by-law is, upon conviction, guilty
of an offence and shall be liable to a fine as provided for by the Provincial Offences
Act, R.S.O. 1990, c.P. 33, as amended, and be subjected to any other penalties
permitted by law for each offence.
16.2
The Town will deliver an invoice for fees personally, or by regular mail to the Property
address or, in the case of the Owner, to the Owner's address as recorded on the Town's
assessment role. As outlined in the current Town of Amherstburg Fees By-law, as
amended from time to time.
16.3
If any amount payable under this By-law remains unpaid after thirty (30) days of receipt
of the invoice, the Town may add such amount to the tax roll for any Property in the
municipality for which all the Owners are responsible and may collect the amount in the
same manner as municipal taxes or through the use of other legal means as deemed
appropriate.
17.
SEVERABILITY
17.1
Should any paragraph, clause or provision of the By-law be declared invalid by a
court of competent jurisdiction, the same shall not affect the validity of the By-law
as a whole or any part of thereof, other than the part which was declared to be
invalid.
17.2
When any requirement of this by-law is at variance with any other by-law in effect
in the Town or with any applicable provincial or federal statute or regulation, the
more restrictive requirement shall apply unless otherwise stated in such legislation.
18.
REPEAL
18.1
Town of Amherstburg By-law 2003-26 and all amending by-laws are hereby
repealed.
19.
SHORT TITLE
19.1
This by-law may be referred to as the Fireworks By-law.
Read a first, second and third time and finally passed thi~~ day o~~R \L , 2022.
/ ~
!~ITCAR~L~O~::---'
CLERK VALERIE CRITCHLEY
Read a first, second and third time and finally passed this 25th day of April, 2022.
MAYOR ALDO DICARLO
CLERK VALERIE CRITCHLEY