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THE CORPORATION OF THE UNITED TOWNSHIPS
OF DYSART, DUDLEY, HARCOURT, GUILFORD,
HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE
BY-LAW NO. 2020-54
BEING A BY-LAW TO PROHIBIT AND REGULATE THE SALE AND SETTING OFF
OF FIREWORKS WITHIN THE CORPORATION OF THE UNITED TOWNSHIPS OF
DYSART ET AL
WHEREAS Council acknowledges that fireworks have the potential to pollute air
and water, negatively impact wildlife in the vicinity and diminish quality of life for some
residents;
AND WHEREAS Council wishes to take action to mitigate the risk to human,
animal and environmental health;
AND WHEREAS Section 121 (a) of the Municipal Act, 2001, S.O. 2001, c.25
provides that the Council may prohibit and regulate the sale of fireworks and the setting
off of fireworks;
AND WHEREAS Section 121 (b) of the Municipal Act, 2001, S.O. 200, c.25
provides that the Council may prohibit the activities described in Section 121 (a), above,
unless a permit is obtained from the municipality 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 434.1 of the Municipal Act, 2001, S.O. 200, c. 25 and
amendments thereto enables the councils of local municipalities to establish a system
of administrative penalties and whereas Section 434.2 establishes an administrative
penalty constitutes a debt of the person which may be added to the tax roll;
NOW THEREFORE the Council of the Corporation of the United Townships of
Dysart et al hereby enacts as follows:
1.0
SHORT TITLE
1.1
The short title of this bylaw is the "Fireworks By-law".
2.0
DEFINITIONS:
In this By-law:
2.1
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 substitutions therefore.
2.2
Consumer Fireworks: means an outdoor, low hazard, firework that is designed
for recreational use. They include items like Roman candles, sparklers,
fountains, multi-shot cakes, volcanoes, mines, and snakes.
2.3
Council: means the Council of The Corporation of The United Townships of
Dysart et al.
2.4
Display Fireworks: means an outdoor, high hazard, firework that is designed for
professional use only. They include items like aerial shells, cakes, Roman
candles, waterfalls, lances, and wheels. Display fireworks are strictly regulated
by federal law.
2.5
Fire Ban: A temporary measure put in place by Municipality or Ministry of Natural
Resources and Forestry (MNRF) to restrict open air fires when extreme fire
conditions may exist. This measure is put into place in order to help prevent
human caused fires.
2.6
Fireworks: means Consumer Fireworks, Display Fireworks, and Pyrotechnic
Special Effects Fireworks.
2.7
Flying Lantern: also known as Sky Lantern, Chinese Lantern, Kongming
Lantern or Wish Lantern, means a small hot air balloon or similar device 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 the
balloon or similar device to rise and float in the air, uncontrollably, while ignited.
2.8
Officer: means a person appointed by Council as a Municipal Law Enforcement
Officer, or a Police Officer, Fire Chief or other individual duly appointed to
enforce this By-law;
2.9
Person: means and shall include an individual human being, an individual
company, partnership, corporation or limited company.
2.10 Permit: means written permission to hold a Fireworks display issued by the
Municipality pursuant to this By-law and signed by the Fire Chief.
2.11 Premises: means a piece of land and any buildings and structures on it, and
includes a place business, road, and any other location or place.
2.12 Pyrotechnics: are high-hazard and designed for professional use. They include
items like gerbs, mines, comets, and crossette fireworks, as well as special-
purpose pyrotechnics made for live stage performances and the film and
television industry. Pyrotechnics are strictly regulated by federal law.
2.13 Setting Off: means to fire, discharge, ignite or explode or cause to fire,
discharge, ignite or explode.
2.14 Vendor: also known as a supplier, is an individual or company that sells goods
or services to someone else in exchange for money.
2.15 Weekend: the period from Friday evening through Sunday evening, especially
regarded as a time for leisure.
3.0
GENERAL PROHIBITIONS
3.1
Flying Lantern Discharge: No Person shall ignite, release or set off into the air
an ignited Flying Lantern within the Municipality of Dysart et al.
3.2
Flying Lantern Sale: No person within the Municipality shall offer for sale, cause
or permit to be sold, or sell any Flying Lanterns.
3.3
No person shall set off any Fireworks or cause or permit any fireworks to be set
off except as provided for in this by-law.
3.4
Despite Subsection 3.3, no person shall set off any Fireworks when there is a
Fire Ban in effect or when open air burning is prohibited.
4.0
SETTING OFF FIREWORKS
4.1
No person shall set off Consumer Fireworks within the Municipality of Dysart et al
at any time except as follows;
a)
New Year's Eve - between 8:00 p.m. and 1:00 a.m. the following day;
b)
Victoria Day - between 8:00 p.m. and 11:00 p.m. on the weekend
preceding and including the statutory holiday;
c)
Canada Day - between 8:00 p.m. and 11:00 p.m.:
i)
When Canada Day falls on Monday or Tuesday, permitted use is
on the weekend prior and on the holiday.
ii)
When Canada Day falls on Wednesday, permitted use is the
holiday and the weekend prior or the weekend following.
iii)
When Canada Day falls on Thursday, permitted use is the
weekend following and on the holiday.
iv)
When Canada Day falls on a weekend, permitted use is on the
weekend it falls.
d)
Civic Holiday - between 8:00 p.m. and 11:00 p.m. on the weekend
preceding and including the statutory holiday.
e)
Labour Day - between 8:00 p.m. and 11:00 p.m. on the weekend
preceding and including the statutory holiday.
4.2
No person shall set off any fireworks in, on or onto any building, highway,
sidewalk, Municipal park or Municipal property; unless written approval has been
first obtained by Council.
4.3
Property damage or injury as a result of the discharge of Fireworks shall be the
responsibility of the person and/or organization setting off the Fireworks.
4.4
A Public Fireworks Display is exempt from Section 4.1 providing a valid permit as
outlined in Section 6 has been obtained from the Fire Chief or designate of The
Corporation of The United Townships of Dysart et al.
4.5
No person shall set off any Public Fireworks Display unless they have received a
Permit.
5.0
VENDOR SELLING CONSUMER FIREWORKS - POSTED CONSPICUOUS
PLACE
5.1
Every Vendor selling Fireworks within the Municipality must post a Notice of
Regulations as provided by the Municipality in a conspicuous place upon the
premises, near where the Fireworks are sold.
6.0
PERMITS FOR DISPLAY FIREWORKS
6.1
Only persons who hold a valid Display Supervisor certificate, issued by the
Explosives Regulatory Division (ERD) of Natural Resources Canada are eligible
to apply for a permit to set off Display Fireworks or Pyrotechnic Special Effects.
6.2
A permit may be issued by the Fire Chief or designate on any land if the
requirements listed in section 5 are met as per the Act.
6.3
An application package as prescribed under the Act must be submitted to the
Fire Chief or designate, together with the application fee paid in full as set out in
the Municipal Fees By-law as may be amended from time to time.
6.4
The application package shall contain at a minimum, the following requirements
as found in the Natural Resources Canada (NRCAN) Fireworks Display Manual:
a) 3.7 Basic requirements for event approval
b) 3.8 Site plan, event description and special circumstances
c) 3.10 Display fireworks event approval form
6.5
The completed application must be submitted no less than fourteen (14)
business days prior to the proposed event.
6.6
Filed with the application form shall be a Certificate of Liability Insurance
certifying the permit being applied for is insured against general liability and
property damage claims, in the minimum amount of Five Million Dollars
($5,000,000.00) inclusive for any one occurrence. Said policy shall name The
Corporation of The United Townships of Dysart et al, as an additional insured.
The policy shall be endorsed to provide that the policy will not be altered,
cancelled or allowed to lapse without ten (10) days' prior written notice to the
Corporation.
6.7
Notwithstanding the foregoing sections, the Fire Chief or designate may require
any additional information of the applicant to ensure the public's safety and may
impose additional conditions on the issuance of a Permit as they deem advisable
in the particular circumstances of the application.
6.8
The fireworks shall only be set off by a person currently certified as a Fireworks
Supervisor Level I or Level II by the Explosion Regulatory Division of the Natural
Resources of Canada.
6.9
The Fireworks shall only be set off on the day or days specified by the Permit.
6.10 The Permit may be suspended or revoked by the Fire Chief or designate if the
conditions of the permit are not being met or it would be unsafe to allow the
Public Fireworks Display.
6.11 Property damage or injury as a result of Display Fireworks shall be the
responsibility of the person setting off the Fireworks.
7.0
POWERS OF ENTRY
7.1 An Officer may enter on land at any reasonable time for the purpose of carrying
out an inspection to determine compliance with this By-law.
7.2
No person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer or
other duly appointed person who is exercising a power or performing a duty under
this By-law.
8.0
ADMINISTRATION & ENFORCEMENT PROVISIONS
8.1
This By-law shall be administered by the Fire Chief or designate.
8.2
This By-law shall be enforced by an Officer.
9.0
ADMINISTRATIVE PENALITIES
9.1
An Officer who finds that a person has contravened any provision of this By-law
may issue a penalty notice addressed to that person.
9.2
Any person who contravenes any provision of this By-law shall, upon issuance of
a penalty notice pursuant to Section 9.3, be liable to pay to the Municipality an
administrative penalty in the amount of $100.00 dollars.
9.3
The penalty notice shall be given to the person to whom or to which it is
addressed as soon as is reasonably practicable and shall include the following
information:
a) Particulars of the contravention, including to which property it applies;
b) The amount of the administrative penalty;
c) A statement advising that an administrative penalty will constitute a debt to
the Municipality.
9.4
A person who has been issued a penalty notice shall pay the administrative
penalty within fifteen (15) days from the date the notice was issued.
9.5
An administrative penalty that is deemed to be confirmed constitutes a debt to
the Municipality and may be added to the tax roll of the property on which the
offence occurred.
10.0 SERVICE OF DOCUMENTS
10.1 The Municipality may serve any document under this By-law, including but not
limited to a penalty notice, personally to the person named on the notice, by
registered or regular mail addressed to the person to whom the document is to
be given at the person's last known address.
10.2 Service by registered or regular mail under subsection 10.1 shall be deemed to
have been made on the fifth day after the day of mailing.
10.3 A person's last known address includes the address provided by the person to
the Municipality as identified in the property tax file.
11.0 OFFENCE & PENALTY PROVISIONS
11.1 Every person who contravenes any provision of this by-law is guilty of an offence
and on conviction is liable to a fine as provided for in the Provincial Offences Act
R.S.O. 1990, c. P. 33, as amended.
11.2 If this By-law is contravened and a conviction entered, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter
may, in addition to any other remedy and to any penalty that is imposed, make
an order prohibiting the continuation or repetition of the offence by the person
convicted.
12.0 SEVERABILITY
12.1 If a court of competent jurisdiction should declare any section or part of a section
of this bylaw to be invalid, such section or part of a section shall not be construed
as having persuaded or influenced Council to pass the remainder of the by-law
and it is hereby declared that the remainder of the by-law shall be valid and shall
remain in force.
13.0 IMPLEMENTATION
13.1 This By-law shall come into full force and effect after adoption.
14.0 REPEAL
14.1 By-Law No. 2019-41 and 2019-59 are hereby repealed.
READ a first, second and third time, passed, signed and the Corporate Seal attached
hereto, this 25th day of August, 2020.
__________________________
MAYOR: Andrea Roberts
__________________________
CLERK: Mallory Bishop
THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART,
DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK,
EYRE AND CLYDE
PART 1 Provincial Offences Act
By-law 2020-54: Fireworks By-law
ITEM
COLUMN 1
Short Form
Wording
COLUMN 2
Provision
Creating or
Defining
Offence
COLUMN 3
Set Fine
1.
Cause or permit
fireworks to be
set off during a
Fire Ban
Section 3.4
$500.00
2.
Cause or permit
Consumer
Fireworks to be
set off during
prohibited days
Section 4.1
$300.00
3.
Cause or permit
Consumer
Fireworks be set
off during
prohibited times
Section 4.1
$300.00
4.
Cause or permit
Display
Fireworks to be
set off without a
valid Fireworks
Permit
Section 4.5
$500.00
5.
Cause or permit
Flying Lantern to
ignite or to be set
off
Section 3.1
$500.00
6.
Vendor sell or
offer for sale
Flying Lantern
Section 3.2
$500.00
7.
Vendor failed to
post Notice of
Regulations
Section 5.1
$500.00
"NOTE: The penalty provision for the offences indicated above is section 11.1 of the by-
law no. 2020-54, a certified copy of which has been filed".