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Corporation of the Town of Moosonee
BY-LAW No. 06-08
Being a by-law to regulate the sale of fireworks and
for prohibiting the sale of fireworks on certain days
during the year.
WHEREAS Section 150 of the Municipal Act permits a local municipality to license, regulate and
govern any business carried on within the municipality.
AND WHEREAS Section 121 of the Municipal Act permits a municipality to prohibit and regulate
the sale of fireworks and the setting off of fireworks.
THEREFORE The Corporation of The Town of Moosonee enacts as follows:
PART 1
DEFINITIONS
1.1)
'Town" shall mean The Corporation of Town of Moosonee
1.2)
"Council' shall mean the Council of The Corporation of The Town of
Moosonee
1.3)
"Fire Chief" shall mean the Fire Chief of the Moosonee Volunteer Fire Dept.
1.4) "Fireworks Display" shall mean a display or show of substance including a
pyrotechnical display.
1.5)
"Near' shall mean so close as to be dangerous or unsafe.
1.6) "Person" shall include firm, partnership, company, corporation, club, business or
organization.
Part 2
SALE OF FIREWORKS
2.1)
No person shall sell, by retail, fireworks on any day during the year except as
follows:
a)
Canada Day
b)
The seven(7) days immediately preceding Canada Day(including Sundays)
c)
Victoria Day
d)
The seven(7) days immediately preceding Victoria Day(including Sundays)
e)
August Civic Holiday
f)
The seven(7) days immediately preceding August Civic Holiday including Sundays)
g)
Any other days authorized by resolution of Council.
2.2)
No person shall sell, either directly or indirectly, fireworks as set out in Part IX of
The regulations of the Explosives Act to any person under the age of eighteen(18)
years.
2.3)
The person selling fireworks for the purpose of a fireworks display shall deliver
the same only to the person to whom a permit for the holding of a fireworks
display has been issued pursuant to the provisions of this by-law.
2.4)
No person shall possess for sale, or otherwise, on his/her premises any quantity of
fireworks exceeding:
a) 1000 kilograms (2,000 lbs.) (gross weight) of Class 7 (manufactured low hazard
recreational e.g. fountain, sparklers) without proper licensing under Subdivision 1,3 and 4
of Division 2 under the Explosives Act and regulations thereto
b) 125 kilograms (250 lbs.) of Recreation fireworks high hazard type, Subdivisions 2 and 5 of
Division 2 (e.g. rockets and bombshells) without the proper licensing under the Explosives
Act and regulations thereto
2.5)
A complete list of Subdivisions 1-5 of Division 2 of the Explosives Regulations shall be
included titled Schedule "A" following this by-law.
2.6)
No person shall display more than 25 kilograms (50 lbs.) of fireworks at one time.
2.7)
No person shall buy or sell any other type of fireworks worth more than $ 150.00 during
the prescribed period unless such person is a fireworks supervisor licensed
under the Explosives Act for such purchase and sale and an explosives technician
is on site during the display.
PART 3
PROHIBITIONS AND REGULATIONS RELATING TO THE SETTING OFF OF FIREWORKS
3.1)
No person shall set off fireworks except on the days authorized for the sale
thereof, as set forth in subsection 2.1 of "Part 2" of this by-law.
3.2)
Except for the purposes of a fireworks display, no person shall set off fireworks
of the types known of sky rockets, torpedoes or firecrackers exceeding two (2)
inches in length and one-quarter of an inch ( ¼") in diameter or other types of
fireworks designed or intended for the purposes of a fireworks display only.
3.3)
No person under the age of eighteen (18) years of age shall set off fireworks
except under the direct supervision and control of his or her parent or other
responsible adult.
3.4)
No person being the parent or guardian of any child under the age of eighteen
(18) years shall knowingly allow such child to set off fireworks contrary to the
provisions of this by-law or contravene any of the provisions of this by-law.
3.5)
No person shall set off fireworks in such a place or in such a manner or under
conditions or circumstances likely to cause damage to property or injury to
person or animal and, without in anyway limiting the generality of the foregoing,
no person shall set off fireworks.
a) In or near any group or assembly of persons.
b) In any street, lane, park or other public place unless authorized to do so by resolution of
Council.
c) In or near any building structure, garbage box and other similar container or any
other container likely to shatter or explode.
d) In, or near any boat, automobile or other vehicle.
e) Near any water treatment plant, gasoline station, flammable liquid or any combustible
material, substance or object.
f) In or near any place where there is danger of causing a forest fire, bush fire or grass fire.
g) On the grounds of or near any hospital, senior citizens home or other similar
institutions.
h) On the grounds or near any Non-profit residential neighborhood.
3.6)
No person shall authorize, cause, permit or allow any unsafe act or omission at
the time and place of the setting off of fireworks.
PART 4
FIREWORKS DISPLAY
4.1)
Any person supervising the fireworks display shall comply with all of the
applicable provisions of the Explosives Act and this By-law.
4.2)
The Fire Chief or the By-law Enforcement Officer shall have the right to be
present at any fireworks display and he/she shall not be hindered or obstructed in any way
whatsoever.
4.3)
The Fire Chief or the By-law Enforcement Officer shall have the right to require
the person in charge of conducting the fireworks display to take such steps,
measures or precautions as he/she may deem advisable and necessary for the protection
of persons and property, and such permit holder or person in charge
of conducting the fireworks display shall promptly comply with the orders, directions or
requirements of the Fire Chief or the By-law Enforcement Officer.
4.4)
The provisions of this by-law shall not apply to the lawful sale or use of truck
flares, railway flares, railway torpedoes, marine or military rockets or other like devices.
4.5)
Any person convicted of a breach of any of the provisions of this by-law shall be
guilty of an offense punishable under the Provincial Offences Act
READ a first and second time
this 14th day of January, 2008
ORIGINAL SIGNED AND SEALED
Mayor - Wayne Taipale
ORIGINAL SIGNED AND SEALED
Deputy Clerk - Nathalie G. Forget
READ a third time and finally passed
this 14th day of January, 2008
ORIGINAL SIGNED AND SEALED
Mayor - Wayne Taipale
ORIGINAL SIGNED AND SEALED
Deputy Clerk - Nathalie G. Forget