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fzJ
Municipality of
Dutton Dunwich
By-Law No. 2021-63
BEING A BY-LAW TO REGULATE THE DISPLAY, SALE AND SETTING OFF OF
FIREWORKS IN THE MUNICIPALI-TY OF DUITON DUNWICH
WHEREAS the Council of the Corporation of the Municipality of Dutton Dunwich
deems it necessary to prohibit and regulate the sale, storage, display and discharge
of fireworks in the Municipality of Dutton Dunwich.
AND WHEREAS Section 121 of the Mur]/.c/.pa/ Act, 2001, SO. 2001, c.25, as
amended, permits a municipality to pass by-laws prohibiting and regulating the sale
and the setting off of fireworks;
AND WHEREAS Section 121 of the ML/n/.c/.pa/ Act, 2001, S.O. 2001, c.25, as
amended, states that a municipality may require that a permit be obtained for the
sale and setting off of fireworks, and that conditions may be prescribed by the
municipality for obtaining, continuing to hold and renewing said permit;
NOW THEREFORE, the Council of the Corporation of the Municipality of Dutton
Dunwich enacts as follows:
1. Interpretation
In this By-law the following terms shall have the corresponding meanings:
a) ``Display Unit'' means a bin, crate, box case or other device used to display
fireworks to the public;
b) ``Duty of Care" means everyone who has an explosive substance in his or her
possession or under his or her care and control is under a legal duty to use
reasonable care to prevent bodily harm and death to persons, or damage to
property by that explosive device;
c) ``Family Fireworks'' shall mean low hazard fireworks generally used for
recreation;
d) ``Fire Chief" shall mean the Fire Chief df Dutton Dunwich Fire Department and
members of the fire department under the direction of the Fire Chief;
e) ``Fireworks" means any and all classes of fireworks, including and without
limiting the generality of the foregoing the following clauses which are included
in the Federal Explosives Act, R.S.C.,1985, c #-17, Ministry of Natural
Resources;
(i) ``Low-hazard" fireworks for recreation such as firework showers,
fountains, golden rain, lawn lights, pin wheels, Roman candles,
volcanoes and sparklers;
(ii) ``High-hazard'' fireworks for recreation such as rockets, serpents,
shells, bombshells, tourbillions, maroons, large wheels, bouquets,
barrages, bombardon, waterfalls, fountains, mines and firecrackers
(also known as ``display fireworks'').
f) ``Fireworks Display" shall mean high hazard fireworks generally used for
recreation
g) ``Fireworks vendor" means any person, organization or company that sells,
displays, or offers fireworks for sale;
h) ``Flying Lanterns" means a small hot air balloon made of treated paper or any
other material, with an opening at the bottom which is propelled by an open
flame generated by a small candle or fuel cell, allowing a balloon to rise and
float in the air, uncontrollably while ignited;
i) ``Mobile Vending Structure'' means any vehicle, roadside stand or temporary
structure, tent or air-supported structure or other conveyance in or from which
fireworks are displayed, sold or offered for sale;
j) ``Person" includes a corporation;
k) ``Site'' means any area within the Municipality of Dutton Dunwich on which
fireworks are displayed, sold or offered for sale;
I) ``Site Plan" means a drawing of a site which includes all applicable
measurements of every vending structure and the surrounding area within 100
metres of the site on which all buildings and structures, streets or other
landmarks are indicated;
in) ``Temporary Vendor" means any person, organization or company that sells
displays or offers fireworks for sale from a mobile vending structure.
2E When Sales Permitted
No person shall display, offer for sale or sell fireworks or any class or classes
thereof except on the days being observed as Victoria Day and Canada Day and for
seven (7) days prior to the days being observed as Victoria Day and Canada Day.
3. Sales
No person shall display, offer for sale or sell fireworks unless the person is in
compliance with all applicable provisions of this By-law.
4. Byllaw Posting
Every fireworks vendor shall ensure that a copy of this By-law is posted on the site
in a conspicuous place visible to the public.
5. Sale to Minors Prohibited
a) No person shall sell fireworks to any person under the age of eighteen (18)
years;
b) No person shall sell fireworks to any person without a sign being present on the
site and clearly visible to the public, in each display unit, stating that sales to
persons under eighteen (18) years of age are prohibited.
6[ Storage and Display of Fireworks
a) When fireworks are displayed for sale within any building, the fireworks vendor
shall ensure that no lot, bin or bundle of fireworks shall exceed a weight of 25
kilograms and no fireworks shall be exposed to direct sunlight;
b) Where the total stock of fireworks on a site exceeds a weight of 1,000
kilograms, the fireworks vendor shall require a licence from the Explosives
Safety and Security Branch of Natural Resources Canada (NRcan);
c) Every fireworks vendor shall ensure that all fireworks displayed or offered for
sale are kept within an enclosed, non-combustible display unit, locked and
accessible only to employees of the fireworks vendor;
d) No person shall have in his or her possession within six (6) metres of any
fireworks kept or displayed for sale a lighted match, lighted lighter, lighted pipe,
lighted cigar, lighted cigarette or any other lighted fire producing device;
e) Every fireworks vendor shall ensure that all fireworks that remain unsold at the
expiration of the selling period specified in Section 2 of this By-law are
immediately stored in a cool, dry place remote from flammable materials and
inaccessible to the public;
f) Every person or organization who stores fireworks shall use reasonable care to
ensure that those fireworks are not accessible to children.
g) No person shall display, offer to sell or sell any flying lanterns
7. Temporary Vendor
Temporary vendors are not permitted to sell, display or offer to sell fireworks from
a mobile vending structure in the Municipality of Dutton Dunwich.
8E Discharge of Fireworks
a) No person shall discharge any fireworks on municipally-owned lands unless
permission to do so has been given by Municipal Council, which permission may
be subject to terms and conditions, including but not limited to, the provision of
liability insurance, in the amount of $5,000,000.00, naming the Municipality of
Dutton Dunwich as an additional insured;
b) No person shall discharge any fireworks within the Municipality at any time
except on the days observed as Victoria Day and Canada Day and on the day
immediately preceding Victoria Day and Canada Day, unless permission to do so
has been given by Municipal Council or Fire Chief;
c) In addition to subsection (a) and (b) of this section, no person shall discharge
any fireworks within the Municipality except between the hours of dusk and
11:00 p.in. on the day such discharge is permitted;
d) Every person who discharges family fireworks shall be mindful of their duty of
care to individuals and property.
9. Fireworks Displays
a) No person or organization shall conduct a fireworks display using high-hazard
fireworks within the Municipality without first obtaining approval to do so from
the Municipal Council or Fire Chief;
b) No person or organization approved by Municipal Council or Fire Chief to conduct
a high-hazard fireworks display shall do so without first obtaining a permit from
the Municipality of Dutton Dunwich Fire Department to conduct the fireworks
display;
c) No person shall be permitted to set off high-hazard fireworks in a fireworks
display without first successfully completing a fireworks supervisor course and
holding a valid Fireworks Supervisor Card;
d) No person shall use any fireworks in a fireworks display other than those
authorized pursuant to the Exp/os/`ves Act Regulations of the Ministry of Natural
Resources. Every person having control of any fireworks to be used in a
fireworks display shall ensure that such fireworks are stored in a cool, dry place
remote from flammable materials and inaccessible to the public;
e) No person shall set off any flying lanterns;
f) Every person or organization that conducts a fireworks display shall ensure that
all fireworks that failed to fire are immediately disposed of in a safe manner
having regard to the particular type of fireworks involved;
g) Every person or organization that conducts a fireworks display shall ensure that
all un fired fireworks are subsequently stored in accordance with Section 9(e) of
this By-law;
h) Every person or organization that conducts a fireworks display shall submit a
fireworks permit for approval by Municipal Council or Fire Chief
10. Offence
lt shall be an offence for any person to contravene any provision of this By-law.
11. Penalties
Any person convicted of an offence under any provision of this By-law shall be liable
to a penalty as set out in Section 61 of the Provincial Offences Act, R.S.O. 1990,
Chapter P.33 or any successor thereof.
12. Enforcement & Investigation
a) Enforcement Officers and Powers
The Municipality of Dutton Dunwich, for the purposes of enforcement of this By-
law appoints the following persons to do enforcement:
- Dutton Dunwich Fire Chief & Members of the Dutton Dunwich Fire
Department
-Members of the ontario provincial police
-By-law / Provincial offences officers appointed by the Municipality
- Any person appointed by the Municipality to enforce this regulation
b) Investigation
Anyone who is appointed for the purposes of enforcement can enter onto private
property to determine if a violation of this regulation is taking place and or to
inspect to ensure that this regulation is taking place and or to inspect to ensure
that this regulation is being obeyed and guidelines being followed.
13. ShortTile
This By-law shall be known as the ``SELL/DISPLAY FIREWORKS BY-LAW''.
14. THAT this By-law shall come into force and effect upon the final passing
thereof.
15. ANDTHAT by-law 2015-33 enacted bythe council of the Municipality of
Dutton Dunwich in hereby repealed.
READ a first and second time this 8th day of September, 2021.
Schedule ``A" to By-law #2021-63: Fireworks
Municipality of Dutton Dunwich
SET FINE SCHEDULE
PA:R:I i - Provincial Offences Act
The Penalty Provision for the offences listed above is section 11 of By-law 2021-63 a
certified copy of which has been filed, and s. 61 of the Provincial Offences Act, R.S.O.
1990, c. P. 33, as amended.
OFFICE OF THE REGloNAL SENIORJUSTICE
ONTARIO COURT OF JUSTICE
WEST REGloN
80 DUNDAS STREET, loth FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
CABINET DU JUGE PRINCIPAL REGIONAL
COUR DE JUSTICE DE L'ONTARIO
REGION DE L'OUEST
8o. RUE DUNDAS, , oe ETAGE, UN,TE L
LONDON (ONTARlo) N6A 6A8
TELEPHONErELEPHONE (5 1 9) 660-2292
FAxnELEcopiEUR (5 1 9) 660-3 1 38
November 15, 2021
Ms. Tara Kretschmer
Deputy clerk
Municipality of Dutton Dunwich
Box 329, 199 Currie Road
Dutton, Ontario NOL IJ0
Dear Ms. Kretschmer:
Re: Set Fines - Provincial Offences Act - Part I
By-law Number 2021 -63, of the Municipc]lily of Dutton Dunwich
Enclosed herewith is an original Order, and an original schedule of set fines
for the above referenced By-Law, the By-law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of
wording used to describe the offences.
Please ensure that a £Q]2}£ of the said documents is forwarded to the
Provincial Offences Offices in St. Thomas together with a copy of the By-
Law.
Yours truly,
`j±rfeinrfe`|j
Jeanine E. LeRoy
Regional Senior Justice
West Region
encl.
/dh
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
lT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each
of the offences in the schedule of offences under the Provincial Statutes
and Regulations thereunder and Municipal By-law No. 2021-63, of the
Municipality of Dutton Dunwich, attached hereto are the set fines for those
offences. This Order is to take effect November 15, 2021.
Dated at London this 15th Day of November 2021.
EEEERE
Jeanine E. LeRoy
Regional Senior Justice
West Region