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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
AIN
y(
14,
Nic/PALIN OF 1( 111,
BY-LAW
NO. 2018 - 040
BEING A BY- LAW IN RESPECT TO THE SALE
AND USE OF FIREWORKS
WHEREAS
pursuant
to the Municipal
Act, 2001, S. O. 2001,
c. 25
as amended,
Section
8 (
1)
and 9 provide that the powers of a municipality
under this or any
other Act shall
be interpreted
broadly so as to confer broad
authority
on the
municipality
to
enable
the
municipality
to
govern
its
affairs
as
it considers
appropriate
and to enhance the municipality' s ability to respond
to municipal
issues and has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS pursuant to the Municipal Act, 2001, S. O. 2001, c.25 as
amended, Section 121 without limiting sections 9, 10 and 11 a local municipality
may
a) prohibit and regulate the sale of fireworks and the setting off of
fireworks;
b) prohibit the activities described in clause ( a) 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
425 and 429 of the Municipal
Act, 2001, S. O. 2001, c.
25, authorize a municipality to create offences and to establish fines for offences
under by- laws;
AND WHEREAS Section 435 and 436 of the Municipal Act, 2001, S. O. 2001, c.
25 provide for conditions governing powers of entry on land and the conduct of
inspections;
AND WHEREAS the Council of the Municipality of Kincardine deems it necessary
to govern the sale and discharge of fireworks in the Municipality of Kincardine;
NOW THEREFORE
the
Council
of The
Corporation
of the
Municipality of
Kincardine ENACTS as follows:
1. 0
DEFINITIONS
In this By- law:
a) " Act" means The Explosives Act R. S. C, 1985 c. E- 17
b) "
By-law Enforcement Officer" shall mean the By- law Enforcement
Officer of the Municipality of Kincardine.
c) " Chinese New Year" means the first day of the Chinese calendar.
d) "
Diwali" means
the
festival
of
lights
in
November.
Page 2 of 6
Sale and Use of Fireworks By- law
By- law No. 2018 - 040
e) "
Chief Fire Official"-- " Chief Fire Official" shall mean the Fire Chief
of Kincardine Fire and Emergency Services or their appointed
designates
at the Kincardine
and Tiverton
Fire Stations.
f) " Firecrackers" means any class of Fireworks that explodes when
ignited and does not make any significant display or visible effect
after the explosion but does not include caps for toy guns;
g) "
Family Fireworks"
also
known
as " Consumer Fireworks"
means
low hazard fireworks generally having a recreational use and sold
to the public without necessity for licensing by provincial or federal
laws
or
regulations. Includes but not limited to fireworks showers,
fountains, lawn
lights, pin
wheels, roman
candles, volcanos,
sparklers but excluding Public Fireworks and Prohibited Fireworks.
h) "
Holiday" means
New
Year' s
Eve, Canada
Day, Victoria
Day,
Independence
Day ( US), Diwali and the Chinese New Year;
i) "
Public
Fireworks" also
known
as " Exhibit
Fireworks"
means high
hazard fireworks as defined in the Explosive Regulations and being
a type generally
used for public gatherings
but excluding
Family
Fireworks and Prohibited Fireworks.
2. 0
ADMINISTRATION
2. 1
The
Fire
Chief, their designate, or By- Law Enforcement
Officer
shall be responsible for the administration and enforcement of this
By- Law.
2. 2
The Chief Fire Official, their designate or the By- Law Enforcement
Officer is hereby authorized
to enter, at all reasonable times and
upon any property
in the Municipality, in order to ascertain whether
the provisions of this by- law are being obeyed. The Fire Chief or his
designate
is hereby
further
empowered
to enforce
or carry
into
effect the provisions of this By- law.
3. 0
GENERAL
PROVISIONS
3. 1
Sale of Family Fireworks and Firecrackers
a) No person shall sell, offer for sale, or have in their possession
any firecrackers
or fireworks
not authorized
by the Explosive
Regulatory Division of the Government of Canada.
b) The sale of family fireworks is prohibited except on the following
days:
i)
New Year' s, Victoria Day, Canada Day, Independence Day
USA), Diwali, Chinese
New Year.
ii) Each of the seven business days immediately preceding
New Year's, Victoria Day, Canada Day, Independence Day
USA), Diwali, Chinese New Year.
c) Subject to subsection ( d) no person shall sell, give or distribute
family fireworks to any person under the age of 18 or;
d) appears
to
be
under
18 years
of age
and
does
not
produce
evidence that he/ she is 18 years of age or older.
e) Notwithstanding
subsection ( a), (
b) and ( c), a person may sell
paper caps, toy pistols, toy cannon or toy guns for the use of
such caps, the explosive content of which is not in excess of
twenty- five one- hundredths of a grain per cap.
f) No
person
shall have
in their
possession, sell, offer for sale,
give or distribute any exhibition fireworks unless licensed to do
so.
Page 3 of 6
Sale and Use of Fireworks By- law
By- law No. 2018 - 040
g) Fireworks
defined
in
Subdivisions
1,
3 and 4 of Division 2 of
Class 7 of the Act are being displayed for sale they shall be
displayed:
i)
in lots that do not exceed
25 kilograms
each gross weight;
ii) in a package, glass case or other suitable receptacle away
from inflammable
goods; and
iii) in a place where they are not exposed to the rays of the sun
or excess
heat;
iv) with a No Smoking sign posted at entrance to building;
v) with a sign posted that the sale of fireworks
is prohibited to
any person under the age of 18.
3. 2
Displays of Family Fireworks
a) No Person
shall fire or set off any Subdivision
I of Class
7
Fireworks within the Municipality of Kincardine except:
i)
on a Holiday; or
ii) any other day for which a permit has been issued by the Fire
Chief according to this By- law.
i)
between
dusk and
12: 00 a. m.;
ii) In the event of rain on a Holiday in such amount that it is
S
impractical
to
fire
or
set
off the
Fireworks, the next day
following a Holiday, as the case may be, shall be considered
to be the Holiday.
iii) Notwithstanding
the provision of the bylaw in relation to day
and time, the Chief Fire Official may suspend the use of
fireworks
on " legal" days when a no burn order has been
issued.
b) A person 18 years of age or over may hold a display of family
fireworks
on any land belonging
to him/ her or on any other
privately
owned
land
where
the
owner
thereof
has
given
permission
for
such
a
display
or
discharge
of
fireworks
provided
such
land
is
of
an
adequate
size
for
the
safe
discharge of family fireworks.
When fireworks are discharged from a property, the property
owner
is
deemed
to
have
permitted, allowed
or
caused
the
setting
off
of the
fireworks,
unless
there
is
evidence
to
the
contrary.
c) No person shall use, set off or allow to be used or set off any
firework( s) in such
a place
or such
a manner
as might
create
danger or constitute a nuisance to any person or property, or to
do or cause or allow any unsafe act of commission or omission
at the time and place for the setting off of any fireworks.
d) No
person
shall
set
off any
firework( s) in
or on
or into
any
highway, street, lane
or
boulevard; nor permit debris to fall
upon
such
sites
provided
that
this
shall
not
be
deemed
to
prohibit a display of exhibition fireworks in a public place in
accordance with the provisions of this by- law.
e) No
person
shall
set
off any firework( s) in or into any building,
any lands used for school purposes, automobile, or other place
where
such setting
off might create
a danger or nuisance
to
any person or property.
f) No
person
under
the
age
of
18
years
shall
set
off
any
firework( s).
g) No person being the parent or guardian of any child under the
age of 18 shall allow the child to set off any firework( s).
h) When setting off Permitted
Fireworks or using sparkler there
must be a container of water or charged
hose line available
and readily accessible.
Page 4 of 6
Sale and Use of Fireworks By- law
By- law No. 2018 - 040
3. 3
Public Fireworks Displays
a) No person or group of persons shall hold a display of exhibition
fireworks without first having obtained a permit to do so signed
by the Chief Fire Official of the Municipality of Kincardine and
who
is
certified
by
the
Explosive
Regulatory
Division
to
authorize
permits.
b) The
application
for a permit
shall
be made
at least two weeks
prior to the date on which it is desired to hold the display of
exhibition
fireworks, stating
place
and
time, and
with
what
group, and what protection they have.
c) A
display
of exhibition
fireworks
many
only
be
held
by
a
certified
firework' s
supervisor. All
persons
must
be
certified
firework' s supervisor Level 1.
d) A
display
of
exhibition
fireworks
shall
be
conducted
in
conformance
with Display Fireworks
Edition #
1
1999 Natural
Resources Canada and any subsequent edition.
e) All unused fireworks and all debris shall be removed
by the
group holding the display immediately
following
its conclusion
and disposed of following procedures as outlined in the Display
Fireworks
Manual
Edition #
1
1999 Natural Resources Canada
and any subsequent
edition.
f) A public
advertisement
shall
be
given
at
least
one week
in
advance of any exhibition fireworks display.
3. 4
Discharge
of Firecrackers
No
person
shall
discharge, fire
or
set
off, or
cause
to
be
discharged, fired or set off, any firecrackers.
3. 5
Flying Lanterns
No person shall sell, offer for sale, or have in their possession flying
lanterns.
The use of flying lanterns
is prohibited
per Section
3. 12 of the By-
Law
to
Regulate
Open
Air
Burning
within
the
Municipality
of
Kincardine.
4. 0
STORAGE
OF
A
person, who
acquires
Permitted
Fireworks, must
store
them
in
accordance
with this section.
4. 1
Up to 25 kg. No more than 3kg of fireworks ( net explosive quantity)
may be stored in a dwelling or in a place attached to a dwelling. Up
to 25kg
of Permitted
Fireworks ( net
explosives
quantity) may be
stored in a place or container that is not in or attached to a dwelling.
4. 2
More
than
25kg. Any
quantity
more
than
25kg
of
Permitted
Fireworks ( net explosives quantity) must be stored in accordance
with federal
law.
4. 3
Safety precautions. The Permitted Fireworks must be stored in a
dry place to which access is denied to anyone under 18 years of
age, away from any source of heat and any substance
that could
cause
ignition. A place
or container
containing
more than
3kg of
Permitted
Fireworks
must be attended
when
it is unlocked.
5. 0
PENALTY
5. 1
No Person shall fail to comply with regulations as set out in this
by- law.
Page 5 of 6
Sale and Use of Fireworks By- law
By- law No. 2018 - 040
5. 2
Every person who contravenes any provisions of this by- law is
guilty of an offence and on conviction
is liable to a fine as
provided
in the attached
Schedule " A".
5. 2
The court in which the conviction has been entered and any court
of competent jurisdiction thereafter may make an order prohibiting
the
continuation
or
repetition
of
the
offence
by
the
person
convicted, and such order shall be in addition to any other penalty
imposed
on the person convicted.
5. 3
Any Inspector
who observes
a contravention
of the provisions
of
this by- law may seize any fireworks in possession of the person or
corporation who committed the contravention.
6. 0
Indemnification
6. 1 All persons granted permission under this by- law shall indemnify and
save harmless the Municipality of Kincardine from any and all claims,
demands, causes
of
action, losses, costs
or
damages
that
the
Municipality of Kincardine may suffer, incur or be liable for resulting
from the use of fireworks as set out in this by- law or its predecessor,
whether
with
or without
negligence
on
the
part
of the
applicant,
the
applicant' s employees, directors, contractors
and agents.
7. 0
Miscellaneous
7. 1 That By- law No. 2002- 16 and By- law No. 2017- 135 be hereby
repealed.
7. 2That this by- law shall come into full force and effect upon its final
passage.
7. 3This by- law may be cited as the " Fireworks By- Law".
READ
a FIRST
and SECOND
TIME this
11th day of April, 2018.
READ
a THIRD TIME
and FINALLY PASSED this this
11th day of April, 2018.
Mayor
Deputy Clerk
Page 6 of 6
Sale and Use of Fireworks By- law
By- law No. 2018 - 040
MUNICIPALITY OF KINCARDINE
SCHEDULE "
A" TO BY- LAW NO. -
2018 - 040
SALE AND
USE OF FIREWORKS
AND FIRECRACKERS
BY- LAW
SET FINE SCHEDULE
ITEM
COLUMN
1
COLUMN
2
COLUMN
3
DESCRIPTION
OF
PROVISIONS
SET FINES
OFFENCE
CREATING
OFFENCE
INCLUDING
COST
1.
Sell or offering
for sale
Section
3. 1 (
a)
200. 00
firecrackers
2.
Sell or offering
for sale
Section
3. 1 (
b)
200. 00
fireworks
on days not
permitted by bylaw
3.
Sell fireworks
to someone
Section
3. 1 (
c)
200. 00
under
18 years of age
4.
Sell
or offer for sale
exhibition
Section
3. 1 ( f)
200. 00
fireworks
without
a license
5.
Display fireworks
in a manner
Section
3. 1( g)
200. 00
not in accordance
with bylaw
6.
Discharge fireworks
on day
Section
3. 2 ( a)
150. 00
not permitted by bylaw
7.
Unsafe
or nuisance
discharge
Section
3. 2 ( c)
150. 00
of fireworks
8.
Set off fireworks
on a
Section
3. 2 ( d)
150. 00
street/highway/lane
9.
Set off fireworks
in a restricted
Section
3. 2 ( e)
150. 00
area
10. Setting off fireworks by a
Section
3. 2 ( f)
150. 00
person
under
18 years of age
ri
n
11
Guardian
allowing
child
under
Sect3. 2 ( g)
o
18 years to discharge
fireworks
12.
Failure
to obtain
a permit for
Section
3. 3( a)
150. 00
Exhibition
Fireworks
13.
Failure
to remove debris
Section
3. 3( e)
150. 00
following Exhibit Fireworks
Display
14. Discharge
firecrackers
Section
3. 4
150. 00
15. Improper storage
of fireworks
Section
4
150. 00
The penalty provisions for the offences indicated above is Section 3. 0 of By- law
Number-
2018- 040 - a certified
copy
of which has been filed.