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BY-LAW NO. 40-04
OF THE
CORPORATION OF THE CITY OF CAMBRIDGE
Being a by-law of the Corporation of the City of Cambridge
to provide for regulating the sale, setting off and holding of
fireworks displays and to repeal By-law 55-84.
WHEREAS the Municipal Act, 2001 , S.O., 2001, c.25, S.121 provides that a municipality
may prohibit and regulate the sale of fireworks and the setting off of fireworks;
AND WHEREAS a by-law pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 may
prohibit the sale and setting off of fireworks unless a permit is obtained and conditions may be
imposed for obtaining, continued to hold and renewing the permit including requiring the submission
of plans.
AND WHEREAS the Council of the Corporation of the City of Cambridge deems it
necessary to prohibit and regulate the sale of fireworks and the setting off of fireworks within the
municipality.
NOW THEREFORE, THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY
OF CAMBRIDGE ENACTS AS FOLLOWS:-
DEFINITIONS
1. That in this by-law:
a)
"Fireworks" shall mean and include any combustible or explosive composition, or
any substance or combination of substances, or article prepared for the purpose
of producing a visible or an audible effect by combustion, explosion, deflagration
or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy
canes, or toy guns in which explosives are used, the type of balloons which
require fire underneath to propel the same, firecrackers , torpedoes, skyrockets,
Roman candles, Daygo bombs, sparklers, or other fireworks of like construction
and any fireworks containing an explosive or flammable compound, or any
tablets or any other device containing an explosive substance, except that the
term "fireworks" shall not include toy pistols, toy canes, or toy guns or other
devices in which paper caps manufactured in accordance with the Department of
Mines and Technical Surveys, Explosives Division regulations for packing and
shipping of toy paper caps are used and toy paper caps manufactured as
provided therein, the sale and use of which shall be permitted at all times. Each
package containing toy paper caps offered for retail sale shall be labeled to
indicate the maximum explosive content per cap.
2.
No person shall sell by retail or supply any fireworks
a)
To any person apparently under the age of eighteen years.
b)
To any person except on Canada Day and on the day fixed by proclamation
of the Governor-General for the observation of Victoria Day and during the
preceding ten (10) days prior to the said days.
c)
Of a type the setting off of which is prohibited by the provisions of this by-
law.
3.
No person shall set off or allow to be set off any fireworks of the types known as
Skyrockets or Torpedoes.
4.
No person shall set off or allow to be set off any firework in such a place or in such
a manner as might create danger to any person or property or to cause or allow any
unsafe act or omission at the time and place of the setting off of any fireworks and,
without restricting the generality of the foregoing:
a)
No person under the age of eighteen (18) years shall set off any fireworks
except under the direction, supervision, and control of a parent or other
responsible person over that age.
b)
No person being a parent or guardian of any child under the age of eighteen
(18) years shall allow him or her to set off any fireworks except when such
parent or guardian or some other responsible person is in direct supervision
and control.
c)
No person shall set off any firework in or into any public highway, street,
lane, square or other public place, provided that this shall not be deemed to
prohibit a fireworks display in a public park or other public place in
accordance with a permit issued under the provisions of this by-law.
d)
No person shall set off any firework in or into any building, doorway,
automobile or other place where such setting off might create danger to any
person or property.
5.
No person shall set of any fireworks on any day except Canada Day and Victoria
Day and two days preceding and two days following the said days unless such
person has first obtained a permit pursuant to paragraph 6 of this by-law except in
the event that inclement weather prevents the setting off of fireworks on these days
in which case any person may set off fireworks on any day within seven days after
Canada Day or Victoria Day
6.
Public Fireworks Displays
i)
No person shall hold any public fireworks display without first having
obtained a permit to do so signed by the Chief Administrative Officer of the
City of Cambridge.
ii)
Every applicant for a permit to hold a public fireworks display shall be made
in writing and delivered to the Clerk of the City of Cambridge.
The
application shall contain such material as the Chief Administrative Officer
may require and the Chief Administrative Officer after due consideration of
the material filed may grant or refuse the permit.
iii)
Every fireworks display shall (a) be held only at the time and place
specified in the permit, (b) be conducted in a manner consistent with all
proper safety proceedings, (c) be conducted under the direct supervision of
the person to whom the permit was issued or some other fit and competent
person whose name and address is furnished to the said Clerk in writing at
the time of the application for a permit, (d) be conducted at a safe distance
from the nearest building, highway, railway, overhead wire, or combustible
material, (e) be held and continued only while the proper precautions are
being observed to keep spectators at a safe distance and while all other
suitable precautions are being observed, including the having of suitable
fire extinguishers and means of extinguishing fires.
7.
Before any permit for a fireworks display shall be issued the person making
application for such permit shall furnish proof of financial responsibility to satisfy
claims for damages to property or personal injuries arising out of any act or omission
on the part of such person or any agent or employee of such person in such amount
and character as the Chief Administrative Officer may from time to time determine.
8.
The manufacture, storage, transportation and sale of fireworks shall conform to the
federal "Explosives Act" and Explosives Regulations".
9.
The handling and discharge of fireworks shall conform to the "Manual of Display
Fireworks", as published by the Department of Energy, Mines and Resources, and in
conformance with the latest amendments.
10.
The persons holding such displays shall remove all fireworks and debris immediately
after such display.
11 .
Provided that nothing in this by-law shall be deemed to apply to the lawful use or sale
of truck flares and other similar devices or the use of fireworks by railroads or motor
transport agencies for signal purposes or illumination, or the sale or use of blank
cartridges for a show or theatre, or for signal or ceremonial purposes in athletics, or
for use by military organizations.
OFFENCE
12.
THAT any person who contravenes any provision of this by-law is upon conviction,
guilty of an offence and is liable to any penalty as provided for by the Provincial
Offences Act.
SHORT TITLE
13.
This by-law may be cited as "The Fireworks By-law".
BY-LAW REPEAL
14.
THAT City of Cambridge By-law No. 55-84 is hereby repealed .
READ A FIRST, SECOND AND THIRD TIME,
ENACTED AND PASSED, THIS 9TH DAY OF FEBRUARY, A.O., 2004.
MAYOR
CLERK
Amendment 159 - 15
DATED:
FEBRUARY 9TH
, A.D., 2004
BY-LAW NO. 40 - 04
OF THE
CORPORATION OF THE CITY OF CAMBRIDGE
Being a by-law of the Corporation of the City of Cambridge to provide for
regulating the sale, setting off and holding of fireworks displays and to
repeal By-law 55-84.
1ST READING: FEBRUARY 9TH, 2004.
2ND READING: FEBRUARY 9TH, 2004.
3RD READING: FEBRUARY 9TH, 2004.
DAVID CALDER
CITY CLERK