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Fireworks By-law 2015-18
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Corporation of the Town of Newmarket
By-law 2015-18
OFFICE CONSOLIDATION
This is a consolidation of the Town's By-law to govern the sale of fireworks
in the Town of Newmarket, being By-law 2015-18, as amended by the
below listed by-laws and is prepared for reference and information purposes
only. The following consolidation is an electronic reproduction made
available for information only. It is not an official version of By-law 2015-18.
Official versions of all by-laws can be obtained from Legislative Services by
calling 905-953-5300. If there are any discrepancies between this
consolidation and By-law 2015-18 and listed amending by-laws the official
by-laws shall prevail.
2020-22 - April 27, 2020
Adds Provisions for AMPS
A BY-LAW FOR THE LICENSING, REGULATING THE SALE AND SETTING
OFF OF FIREWORKS (Fireworks By-law).
WHEREAS section 151(1) of the Municipal Act, 2001, S.O. 2001c. 25 (the
"Act") as amended authorizes Council to license, regulate and govern any
business wholly or partly carried on with the municipality even if the business
wholly or partly carried on with the municipality even if the business is being
carried on from location outside the municipality;
AND WHERAS section 121 of the Act authorizes Council to enact by-law for
prohibiting or regulating the sale and setting off of fireworks and requiring a
permit for the holding of fireworks displays;
AND WHEREAS section 11 (3) 11 permits Council of a local municipality to
enact by-laws respecting business licensing;
AND WHEREAS the Council of the Corporation of the Town of Newmarket
wishes to enact the measures herein in order to provide a mechanism for the
regulating, permitting, safe sale and discharge of fireworks within the
municipality;
AND WHEREAS it is deemed necessary to repeal By-law 2002-151 Schedule
11.
THEREFORE BE IT ENACTED by the Municipal Council of the Corporation of
the Town of Newmarket as follows:
1.0 DEFINITIONS
In this By-law, the following words have the meanings assigned thereto:
"APPEALS COMMITTEE" means a committee that is appointed from
time to time by Council for the purpose of hearing appeals regarding the
revocation, suspension, cancellation or refusal to issue or renew a
licence pursuant to this by-law;
"APPLICANT" means a person applying for a licence, permit or fireworks
special occasions permit under this by-law;
Fireworks By-law 2015-18
Page 2 of 16
"BUILDING" means any structure used or intended for supporting or
sheltering any use or occupancy;
"COUNCIL" means the Council of the Corporation of the Town of
Newmarket;
"CONSUMER FIREWORKS" means low-hazard fireworks for recreation
that are classified as Type F.1 in the Explosives Act and Regulations
including, but not limited to, fireworks showers, fountains, golden rain,
lawn lights, pinwheels, roman candles, volcanoes, sparklers, but does
not include Christmas crackers and caps for toy guns, Display Fireworks,
Pyrotechnics Special Effects Fireworks and Prohibited Fireworks such
as terms are defined within this by-law;
"DIRECTOR" means the Director, Legislative Services of the Town or
authorized designate;
"DISCHARGE" means when used in relation to fireworks and prohibited
fireworks, includes firing, igniting, exploding and setting-off such articles;
"DISPLAY FIREWORKS" means high hazard fireworks generally used
for recreation, as classified as Type F.2, in the Explosives Act and
Regulations including, but not limited to, rockets, serpents, shells,
bombshells, tourbillion, maroons, large wheels, bouquets, bombardos,
waterfalls, fountains, batteries, illuminations, set pieces, pigeons;
"EXPLOSIVES ACT" means the Explosives Act, R.S.C. 1985, as
amended from time to time and the regulations enacted there under from
time to time or any act or regulation enacted in substitution therefore;
"FEES AND CHARGES BY-LAW" means the Licensing Fees and
Charges By-law, as amended for the Legislative Services Department
and Central York Fire Services;
"FIRE EXTINGUISHING EQUIPMENT" means sufficient personnel
and/or equipment, which may include items such as fire extinguishers,
water hose, pails and sand, as necessary dependent on the type and
size of the fireworks being discharged;
"FIRE CHIEF" means the Fire Chief for the Central York Fire Services
Town of Newmarket and his or her designate;
"FIRECRACKER" means a pyrotechnic device that is designed to
explode when ignited without subsequent display or visible effect, but
does not include caps for toy guns;
"FIREWORKS" means Display Fireworks, Consumer Fireworks and
Pyrotechnic Special Effect Fireworks but excludes, any fireworks not
listed on the List of Approved Explosives as published from time to time
under the Explosives Act;
"FIREWORKS SPECIAL OCCASION PERMIT" means a Consumer
Fireworks Permit issued by Central York Fire Services for dates other
than Victoria Day and Canada Day or on the day immediately preceeding
or on the day immediately after Victoria Day and Canada Day , the form
of which may be amended from time to time by Central York Fire
Services;
"FIREWORKS SUPERVISOR" means a person certified as a supervisor
under the Explosives Act and regulations to conduct displays of
Fireworks;
Fireworks By-law 2015-18
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"FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997,
c.4, as amended from time to time and the regulations enacted there
under from time to time or any act or regulation enacted in substitution
therefore;
"LICENCE" means the authorization obtained, granted or issued
pursuant to this by-law to a Temporary Fireworks Premises or a Mobile
Sales Premise;
"LICENSEE" means a person licensed under this by-law;
"MOBILE SALES PREMISE" means a mobile or portable premise from
which Fireworks are sold and includes a trailer;
"OFFICER" means a Police Officer as defined under the Police Services
Act, R.S.O. 1990, c. P15, as amended, an individual appointed by the
Town as a Municipal Law Enforcement Officer pursuant to section 15 of
the Police Services Act, as amended, or any other individual designated
by the Town to enforce this By-law;
"PERMIT" means a Display Fireworks or Pyrotechnic Special Effect
Fireworks Permit issued by Central York Fire Services, the form of which
may be amended from time to time by Central York Fire Services;
"PERSON" includes (a) a natural individual and his/her heirs, executors,
administrators or other legally appointed representatives, (b) a
corporation, partnership or other form of business association and
includes its officers, partners and shareholders, (c) a trustee or receiver,
and (d) a mortgagee in possession;
"PROHIBITED FIREWORKS" means any fireworks that are not included
on the most recent list of authorized fireworks as published from time to
time by the Explosives Regulatory Division of Natural Resources
Canada, or their successors, and includes, but not limited to,
firecrackers, sky lanterns, cigarette loads or pings, exploding matches,
sparkling matches, ammunition for miniature tie clip, cufflink or key chain
pistols, auto alarms or jokers, cherry bombs, m-80 and silver salutes and
flash crackers; throw down and step on torpedoes, and crackling balls;
exploding golf balls, stink bombs and smoke bombs, tear gas pens and
launchers, party peppers and table bombs, table rockets and battle sky
rockets, fake firecrackers and other trick devices or practical jokes;
"PYROTECHNIC SPECIAL EFFECT FIRWORKS" means an explosive
classified as type F.3, in the Explosives Act and Regulations thereunder
the following types of explosive if they will be used to produce a special
effect in a film or television production or a performance before a live
audience;
"PYROTECHNICIAN" means the person certified as a Pyrotechnician
under the Explosives Act and Regulations to conduct displays of
Fireworks;
"SALE OR SELL" includes offering for sale, causing or permitting to be
sold and possessing for the purpose of sale;
"TEMPORARY FIREWORKS PREMISE" means a premise within a
Building or part thereof where a retailer only sells Consumer Fireworks
on Victoria Day, Canada Day or the seven (7) day period before Victoria
Day and Canada Day and whose principal business is not the sale of
Fireworks;
Fireworks By-law 2015-18
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"TOWN" means the Corporation of the Town of Newmarket;
"VENDOR" means a person authorized under this by-law to sell
Fireworks.
2.0 ADMINISTRATION
2.1 This By-law shall be administered by the Director, with the exception of
the issuance of a Permit for the Discharge of Display, Pyrotechnic Special
Effects and Special Occasions Permit which shall be administered by the
Fire Chief.
3.0 PROHIBITIONS
3.1 No Person shall offer for sale, cause or permit to be sold, sell or otherwise
distribute any Prohibited Fireworks, Display Fireworks or Pyrotechnic
Special Effect Fireworks within the Town.
3.2 No person or group of persons shall Discharge in the Town any
Prohibited Fireworks. Any Discharge of Fireworks in the Town shall be in
accordance with the requirements of this by-law.
3.3 Consumer Fireworks shall only be sold seven (7) days prior to and
including Victoria Day and Canada Day.
3.4 No Person shall sell or give to any person under the age of 18 years any
type of Fireworks.
3.5 No Person shall sell Consumer Fireworks in a Building, Temporary
Fireworks Premise or Mobile Sales Premise unless the provisions of the
Ontario Fire Code, Explosives Act and Regulations are complied with.
3.6 No Person shall display in any store window any type of Fireworks.
3.7 No Person shall display for sale or store any type of Fireworks in any
manner other than in such a place that the Fireworks are not exposed to
the rays of the sun or to excess heat from any other source.
3.8 No Person shall carry on or engage in the business or occupation of
selling Consumer Fireworks without first obtaining a Licence.
3.9 No Person licensed to carry on any business or occupation pursuant to
this By-law shall advertise or promote or carry on such business or
occupation under any name other than the name listed in the Licence.
3.10 No Person or group of persons shall Discharge any Fireworks on Town
property without first having obtained a Permit to do so issued by the Fire
Chief.
3.11 No Person or group of persons shall Discharge any Display Fireworks or
Pyrotechnic Special Effect Fireworks on private property without first
having obtained a Permit to do so issued by the Fire Chief.
4.0 APPLICATION REQUIREMENTS FOR SALE OF CONSUMER
FIREWORKS
4.1 Every Applicant for a Licence issued under this By-law shall submit the
following documentation:
a) an application form established by the Town;
Fireworks By-law 2015-18
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b) proof of payment of any applicable fee(s) established by the Town;
c) a Police Vulnerable Sector Screening Clearance Letter within your
local police service issued 30 days of the application for the person
engaged in the sale of Consumer Fireworks;
d) a letter of permission from the owner of the property;
e) a sketch and description of the Building or property for the proposed
sale of Consumer Fireworks; and
f) such further and other information as the Director may require.
4.2 No Licence shall be transferred or assigned and if a person licensed under
this By-law sells, leases or otherwise disposes of his/her interest in the
business or occupation, his/her Licence shall, notwithstanding any other
provision of this By-law, be revoked.
4.3 Every Licence shall have endorsed thereon the location of a Mobile Sales
Premise and Temporary Sales Premise such endorsement shall be for
the same location only.
4.4 Every application for a License for the sale of Consumer Fireworks shall
include proof of commercial general liability insurance in an amount no
less than Five Million Dollars ($5,000,000), naming The Corporation of
the Town of Newmarket as an additional insured and containing a cross
liability clause.
5.0 REGULATIONS AFFECTING THE SALE OF CONSUMER
FIREWORKS
5.1 All Vendors of Consumer Fireworks in the Town are required to conduct
the sales of Consumer Fireworks within a Temporary Fireworks Premise
or Mobile Sales Premise and in accordance with this By-law and all
applicable law.
5.2
All Vendors of Consumer Fireworks from a Temporary Fireworks
Premise or Mobile Sales Premise shall keep their Licence issued in
respect of this By-law posted in a conspicuous place at all times.
5.3
Every Vendor of Consumer Fireworks from a Temporary Fireworks
Premise or Mobile Sales Premise shall provide and maintain fully
operational fire extinguishers, ready for immediate use, on site at all
times.
5.4
Every Vendor of a Mobile Sales Premises shall be issued a license for a
period of twelve (12) consecutive days which shall include the setting up
and removal of the mobile sales premises and the selling of Consumer
Fireworks shall not exceed eight (8) consecutive days
5.5 No person shall sell Consumer Fireworks from a Mobile Sales Premise
except in accordance with the following regulations;
a)
not less than two (2) signs must be posted in prominent locations
on the outside of the Mobile Sales Premise indicating that persons
may not smoke or ignite any flammable material, or have in their
possession any lighted match, lighter, pipe, cigar, cigarette, open
flame or spark emitting device within 6 metres of the Mobile Sales
Premise;
b)
the public shall not be permitted to enter any Mobile Sales Premise
for the purpose of purchasing Consumer Fireworks unless there
Fireworks By-law 2015-18
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are at least two operational doors providing means of access to
and egress from the Mobile Sales Premise;
c)
no more than fifteen (15) customers are permitted in a Mobile
Sales Premise at the same time.
5.6
No Person shall display for sale any Consumer Fireworks in lots that
exceed 22.68 kilograms gross weight (50 pounds gross weight).
5.7
No Person shall display for sale any Consumer Fireworks in any manner
other than in a package, glass case or other suitable receptacle away
from any other inflammable goods.
6.0
DISCHARGE OF CONSUMER FIREWORKS
6.1 No Person shall Discharge Consumer Fireworks except on Victoria Day
and Canada Day or on the day immediately preceding or on the day
immediately after Victoria Day and Canada Day unless the person has
applied for and been issued a Fireworks Special Occasion Permit, in
which case the Consumer Fireworks shall only be discharged at the
date, time, location and site shown on the Fireworks Special Occasion
Permit.
6.2 No Person shall Discharge any Consumer Fireworks in such a manner
which creates a danger to any person or property, or to cause or allow
any unsafe act or omission at the time and place for the discharging of
any Consumer Fireworks.
6.3 No Person shall Discharge any Consumer Fireworks in or into any
Building, doorway, or automobile.
6.4 No Person eighteen (18) years of age or older may discharge Consumer
Fireworks on any land not belonging to him/her or on any other privately
owned land unless the owner thereof has given written permission for
the Discharge of Consumer Fireworks.
6.5 No Person under the age of eighteen (18) years shall Discharge any
Consumer Fireworks except under the direct supervision of and control
of a person eighteen (18) years of age or over.
6.6 No Person being the parent or guardian of any person under the age of
eighteen (18) years shall allow the person to Discharge any Consumer
Fireworks except when such parent or guardian or some other
responsible person of eighteen (18) years of age or over is in direct
supervision and control.
6.7
No Person shall Discharge any Consumer Fireworks except between
the hours of dusk and 11:00 p.m.
6.8
No person shall permit, allow, or cause the Discharge of any Consumer
Fireworks if the front lot line if the property is less than eighteen (18)
metres (59') in width.
7.0
APPLICATION REQUIREMENTS FOR A FIREWORKS SPECIAL
OCCASIONS PERMIT
Fireworks By-law 2015-18
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7.1
Every application for a Fireworks Special Occasions Permit shall be
made to the Fire Chief a minimum of twenty-one (21) calendar days
prior to the event when the proposed Discharge of Consumer Fireworks
is to occur.
7.2
Every application for a Fireworks Special Occasions Permit shall be
submitted by the Applicant and shall include description of the event
including:
a)
the date and time of the proposed Discharge of Consumer
Fireworks;
b)
proof of written consent of the owner of the property to Discharge
of Consumer Fireworks if the Applicant is not the owner of the
property ;
c) proof that the Applicant is over the age of 18;
d)
a description of the fire emergency procedures;
e)
proof of insurance in accordance with Section 14.1;
f)
proof of insurance when Fireworks Special Occasion Permit is for
residential property in accordance with Section 14.2;
g)
applicable fee(s) established by the Town; and
h)
such other information as required by the Fire Chief.
7.3
An Applicant for a Fireworks Special Occasions Permit is subject to the
provisions of this By-law and entitled to be issued the Fireworks Special
Occasions Permit, except where:
a)
the Application is incomplete;
b)
a residential property that has been previously issued a Fireworks
Special Occasions Permit in the same calendar year; or
c)
there are reasonable grounds for belief that the holding of the
Consumer Fireworks will result in a breach of this or any other by-
law, the FPPA or the Explosives Act.
8.0 APPLICATION REQUIREMENTS FOR DISPLAY FIREWORKS
8.1 Every application for a Permit shall be made to the Fire Chief a minimum
of twenty-one (21) calendar days prior to the event when the proposed
Discharge of Display Fireworks is to occur.
8.2 Every application for a Permit shall be submitted by the Fireworks
Supervisor and shall include description of the event including:
a)
the date and time of the proposed Discharge of Display Fireworks;
b)
a list of all Display Fireworks that may be discharged;
c)
the discharge techniques to be used;
d)
the manner and means of restraining unauthorized persons from
attending too near the discharge site;
Fireworks By-law 2015-18
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e)
the manner in which unused Display Fireworks are to be disposed
of;
f)
the number of authorized persons on site during the event to
handle and Discharge the Display Fireworks;
g)
a site plan providing a description of the discharge site to be used
for the discharging of the Display Fireworks;
h)
a description of the fire emergency procedures;
i)
the name and address of the Applicant (Fireworks Supervisor) and
the sponsoring organization, if applicable;
j)
proof of certification of the Applicant as a Fireworks Supervisor;
k)
proof of written consent of the owner of the property to Discharge
Display Fireworks if the Applicant (Fireworks Supervisor) is not the
owner of the property;
l)
a Permit fee as set out in the applicable Fees and Charges By-law;
m)
proof of insurance in accordance with Section 14.1; and
n)
such other information as required by the Fire Chief.
8.3 An Applicant for a Permit is subject to the provisions of this By-law and
entitled to be issued the Permit, except where:
a)
the Application is incomplete;
b)
the Applicant is not a Fireworks Supervisor; or
c)
there are reasonable grounds for belief that the holding of the
Display Fireworks will result in a breach of this or any other by-law,
the FPPA or the Explosives Act.
9.0 APPLICATION REQUIREMENTS FOR PYROTECHNIC SPECIAL
EFFECT FIREWORKS
9.1 Every application for a Permit for Pyrotechnic Special Effect Fireworks
shall be made to the Fire Chief a minimum of twenty-one (21) calendar
days prior to the event where the proposed Discharge of Pyrotechnic
Special Effect Fireworks is to occur.
9.2 Every application for a Permit shall be submitted by the Pyrotechnician
and shall include a description of the event including:
a) date and time of the proposed event using Pyrotechnic Special
Effect Fireworks;
b) a list of all Pyrotechnic Special Effect Fireworks to be discharge;
c) sequence of firing;
d) the manner and means of restraining unauthorized persons from
attending too near the discharge site;
e) the manner in which unused Pyrotechnic Special Effect Fireworks;
are to be disposed of;
Fireworks By-law 2015-18
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f) the number of authorized Persons on site during the event to handle
and Discharge the Pyrotechnic Special Effect Fireworks;
g) a site plan of the facility and room capacity, the stage and the
Pyrotechnic Special Effect Fireworks storage area;
h) description of fire emergency procedures;
i) name and address of the Applicant (Pyrotechnician) and the
sponsoring business or organization, if applicable;
j) proof of certification of the Applicant as a Pyrotechnician;
k) proof of written consent of the owner of the property to Discharge
Pyrotechnic
Special
Effect
Fireworks
if
the
Applicant
(Pyrotechnician) is not the owner of the property;
l) a Permit fee as set out in the applicable Fees and Charges By-law;
m) proof of insurance in accordance with Section 14.1;
n) location of all Pyrotechnic Special Effect Fireworks;
o) height, range of effect, fallout and duration of the Pyrotechnic
Special Effect Fireworks;
p) location of the audience and all exits;
q) such other information as required by the Fire Chief.
9.3 An Applicant for a Permit is subject to the provisions of this by-law and
entitled to be issued the Permit, except where:
a)
the application is incomplete;
b)
the Applicant is not a Pyrotechnician under the Explosives Act, or
c)
there are reasonable grounds for belief that the holding of the
Pyrotechnic Special Effect Fireworks will result in a breach of this
or any other by-law, the FPPA or the Explosives Act.
10.0 CONDITIONS FOR APPLICANT FOR FIREWORKS SPECIAL
OCCASIONS PERMIT
10.1
The Fire Chief may issue a Fireworks Special Occasions Permit for
Discharge of Consumer Fireworks on the conditions set forth in Section
6 and 7. Each such Fireworks Special Occasions Permit shall state the
name of the sponsoring club, business, organization, association or
group, the purpose of the display, the place, date and time at which the
same may be held, and the name of the Applicant under whose
supervision the display shall be held.
10.2 The following conditions shall apply to the Applicant of a Fireworks
Special Occasions Permit issued under this By-law:
Fireworks By-law 2015-18
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a)
The Fireworks Special Occasions Permit is valid only for the
display at the place, and on the date or dates set forth in the
Fireworks Special Occasions Permit;
b)
the Applicant shall supervise the Discharge of Consumer
Fireworks;
c)
every Applicant shall provide and maintain fully operational, Fire
Extinguishing Equipment ready for immediate use; and
d)
the Applicant shall comply at all times with the provisions of this or
any other by-law, the FPPA or the Explosives Act.
10.3
No Applicant shall Discharge Consumer Fireworks except in
accordance with the conditions of the Fireworks Special Occasions
Permit.
10.4 The Applicant holding the Fireworks Special Occasions Permit of
Consumer Fireworks shall ensure that all unused Consumer Fireworks
and all debris are removed, in compliance with this or any other by-law,
the FPPA and the Explosives Act.
11.0 CONDITIONS FOR APPLICANT FOR DISCHARGE PERMIT
11.1 The Fire Chief may issue a Permit for Discharge of Display Fireworks or
Pyrotechnical Special Effect Fireworks on the conditions set forth in
Sections 8 or 9 and each such Permit shall state the name of the
sponsoring club, business, organization, association or group, the
purpose of the display, the place and date at which the same may be
held, and the name of the Fireworks Supervisor or Pyrotechnician under
whose supervision the display shall be held.
11.2 The following conditions shall apply to the Applicant of a Permit issued
under this By-law:
a) the Permit is valid only for the display at the place and on the date
or dates set forth in the Permit;
b) the Applicant shall supervise the Discharge of Display Fireworks or
Pyrotechnic Special Effect Fireworks;
c) every Applicant shall provide and maintain fully operational, Fire
Extinguishing Equipment ready for immediate use;
d) every applicant shall ensure that Display Fireworks or
Pyrotechnical Special Effect Fireworks are not set off within three
hundred (300) metres of any premise or place where explosives,
gasoline or other highly flammable substances are manufactured or
stored in bulk;
e) every applicant shall ensure that Display Fireworks or
Pyrotechnical Special Effect Fireworks are not set off within three
hundred (300) metres of a hospital, nursing home, home for the
aged, church or school unless the consent of the owner or
authorized representative thereof is obtained; and
f) the Applicant shall comply at all times with the provisions of this or
any other by-law, the FPPA, Explosives Act, and the Display
Fireworks Manual or Pyrotechnic Special Effects Manual published
by Natural Resources Canada or any successor publication.
Fireworks By-law 2015-18
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11.3 No Applicant shall Discharge Display Fireworks or Pyrotechnic Special
Effect Fireworks except in accordance with the conditions of the Permit.
11.4 The Applicant holding the Permit of Display Fireworks or Pyrotechnic
Special Effect Fireworks shall ensure that all unused Fireworks and all
debris are removed, in compliance with this or any other by-law, the
FPPA, the Explosives Act and the Display Fireworks Manual or
Pyrotechnic Special Effects Manual published by Natural Resources
Canada or any successor publication.
12.0 EXEMPTIONS
12.1 This By-law shall not apply to any Fireworks used or stored for
government or other public purposes by the Town, the Regional
Municipality of York, or any Provincial or Federal governmental
authority.
13.0 FEES
13.1 Fees shall be paid upon submission of an application for a Licence,
Permit or Fireworks Special Occasions Permit as set out in the Fees
and Charges By-law.
14.0 INSURANCE
14.1 The Applicant for a Permit shall provide and maintain commercial general
liability insurance subject to limits of not less than Five Million Dollars
($5,000,000.00) inclusive per occurrence for bodily injury, death and
damage to property including loss of use thereof. Such insurance shall
be in the name of the Applicant and shall name the Town as an additional
insured and containing a cross liability clause. Such insurance shall
include coverage for displays of Display Fireworks or Pyrotechnic
Special Effect Fireworks. Such insurance policy shall contain an
endorsement to provide the Town within thirty (30) calendar days prior
written notice of cancellation or of a material change that would diminish
coverage, and a standard Town Certificate of Insurance evidencing such
insurance coverage shall be provided to the Town prior to the issuance
of a Permit or Licence.
14.2 The Applicant for a Fireworks Special Occasions Permit shall provide
proof of home owner's insurance.
15.0 GROUNDS FOR REFUSAL TO ISSUE A LICENCE OR TO REVOKE
15.1 The Director shall refuse to issue a Licence where the Applicant would not
be entitled to a Licence for reasons set out in this By-law.
15.2 An Applicant is entitled to be licenced except where:
a) The past conduct of the Applicant affords reasonable grounds for
the belief that the Applicant will not carry on the activity for which he
is to be licensed in accordance with the law and with integrity and
honesty; or
b) The Applicant is carrying on activities that are or will be, if the
Applicant is licenced, in contravention of this By-law, any other
municipal by-law or other applicable law; or
c) The past or present conduct of the applicant, or of any partner, in
the case of an applicant which is a partnership, or of any director or
officer of the corporation, if the applicant is a corporation, affords
Fireworks By-law 2015-18
Page 12 of 16
reasonable grounds to believe that the business in respect of which
the application is made will not be carried on in accordance with the
law and with integrity and honesty, or
d) The applicant has failed to pay a fine or fines imposed by a court as
a sentence arising from convictions for breach of a by-law enacted
by the Town; or
e) There are reasonable grounds to believe that the equipment,
vehicles and other personal property used in connection with the
carrying on of or engaging in the business licensed hereunder is
dangerous or unsafe; or
f) The fee payable in respect of the license applied for has not been
paid.
16.0 POWER TO REVOKE OR SUSPEND A LICENCE
16.1 The Director may revoke or suspend a Licence where this Licensee fails
to comply with any of the provisions of this By-law.
16.2 A Licence may be revoked or suspended when:
a)
the Applicant has been convicted of an offence under this By-law or
the Explosives Act;
b)
in the opinion of the Director the conduct of the Applicant, during the
period in which the Licence is effective affords reasonable grounds
for belief that the Applicant has not, is not, or will not carry on the
selling of Consumer Fireworks in accordance with this By-law and
any other applicable law;
c)
the Applicant has provided false or misleading information in
respect of the Licence application; or
d)
in the opinion of the Director, the premise in which the Applicant has
sold or intends to sell Consumer Fireworks does not comply with
provisions of this By-law or any other applicable law.
17.0 PROCEDURE WHEN LICENCE REVOKED, SUSPENDED OR
REFUSE TO ISSUE
17.1 When, for any of the grounds set out in the applicable section of this By-
law, an Applicant or Licensee is not entitled to be licenced or a Licence
may be subject to revocation, the Director shall refuse to issue the
Licence, suspend or revoke the Licence, or issue a Licence subject to
terms and conditions.
17.2 The Director shall provide written notice to be given to the Applicant;
a) setting out the grounds for the revocation, refusal to issue,
suspension or the terms and conditions of a Licence;
b) give reasonable particulars of the grounds;
c) be signed by the Director;
Fireworks By-law 2015-18
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d) inform the Applicant or Licensee of his/her right to a hearing before
an Appeals Committee appointed by Council if he delivers a written
request for such a hearing within seven (7) days following the date
of service.
17.3 On receipt of a written request for a hearing from an Applicant or a Licensee,
the Director shall schedule the hearing and shall give the Applicant or
Licensee reasonable written notice of the date, time and place of the
hearing.
17.5 The Director shall make a recommendation to the Appeals Committee
with respect to revocation, suspension, cancellation or refusal or issue
a Licence or recommend that a Licence be issued subject to terms and
conditions.
17.6 When an Applicant or Licensee who has been given written notice of
the hearing does not attend at the appointed time and place, the
Appeals Committee may proceed with the hearing in their absence and
the Applicant or Licensee shall not be entitled to any further notice of
the proceedings.
17.7 Upon final decision of the Appeals Committee the Director shall send
by either personal delivery or registered mail, a written notice of the
Appeals Committee decision.
17.8 The decision of the Appeals Committee is final binding.
17.9 A Licensee who's Licence has been revoked or suspended shall return
the Licence and documentation issued by the Director within twenty-
four (24) hours of the service of notice of revocation. An Inspector may
enter upon the business premises of the Licensee for the purpose of
receiving, taking or removing the said Licence.
17.10 No Person who's Licence has been revoked or suspended shall refuse
to deliver the Licence to the Director in any way obstruct or prevent the
Director from receiving or taking the same.
17.11 Notwithstanding any decision of or statement by Appeals Committee
respecting the granting of a Licence or application therefore, no Person
shall be deemed to be licensed until the Applicant has paid the required
fee and has received the physical Licence.
18.0 NOTIFICATION OF CHANGE OF INFORMATION
18.1 When a Licensee changes his name, address, or any information
relating to the Licence, the Licensee shall notify the Director within
seven (7) business days after the change, of information relating to the
Licence and shall if required by the Director return the Licence
immediately to the Director for amendment.
19.0 ORDER
19.1 Where the Town is satisfied that a contravention of this By-law has
occurred, the Town may make an order requiring the Vendor to do work
to correct the contravention.
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19.2 An order under Section 19 of this By-law shall set out:
a)
reasonable particulars to identify the contravention, the location
of the contravention and the date by which the Vendor must be
brought into compliance with this By-law;
b)
that the Vendor shall comply with all contraventions identified on
the order within forty-eight (48) hours of the order being served;
c)
an order under Section 19 may require work to be done even
though the facts which constitute the contravention of this By-law
were present before this By-law came into force; and
d)
any Person who contravenes an order under Section 19 of this
By-law is guilty of an offence.
20.0 SERVE OF NOTICES OR ORDERS
20.1 Any notices or orders required to be given pursuant to this By-law by
the Director shall be deemed to be sufficiently served if delivered
personally or sent by registered mail or by prepaid first class mail
addressed to the Person to whom service is to be made at the address
on the application or the last known address on file in the Legislative
Service Office.
20.2 Any notices or orders served by either registered mail or by prepaid first
class mail shall be deemed to have been received on the fifth (5) day
following the mailing of the notice or order.
21.0 INSPECTIONS AND POWER OF ENTRY
21.1 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer who is exercising a power or performing a duty under this By-
law.
21.2 An Officer may enter on Land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are
being complied with this By-law:
a) the provisions of this By-law;
b) an order issued under this By-law; or
c) an order made under section 431 of the Act.
21.3 Where an inspection is conducted by an Officer, the person conducting
the inspection may:
a) require the production for inspection of documents or things
relevant to the inspection;
b) inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
c) require information from any Person concerning a matter related to
the inspection; and
d) alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or
photographs necessary for the purposes of the inspection.
Fireworks By-law 2015-18
Page 15 of 16
21.4 The Town may undertake an inspection pursuant to an order issued
under Section 438 of the Act.
21.5 The Town's power of entry may be exercised by an Officer as well by
any Person under his or her direction.
22.0 OFFENCE
22.1 Every Person who contravenes a provision of this By-law, including an
order issued under this By-law, is guilty of an offence and, upon
conviction, is liable to a fine as provided for in the Provincial Offences
Act.
22.2 If there is a contravention of any provision of this By-law, and the
contravention has not been corrected, the contravention of the provision
shall be designated as a continuing offence for each day or part of a day
that the contravention remains uncorrected.
22.3 If an order has been issued under this By-law, and the order has not
been complied with, the contravention of the order shall be designated
as a continuing offence for each day or part of a day that the order is
not complied with.
22.4 For purposes of this By-law, if there is an offence respecting two or more
acts or omissions, each of which separately constitutes an offence and
is a contravention of the same provision of this By-law, then the offence
is designated as a multiple offence.
22.5 For purposes of this By-law, an offence is a second or subsequent
offence if the act giving rise to the offence occurred after a conviction
had been entered for the same offence at an earlier date.
23.0 PENALTY
23.1 Every Person who is guilty of an offence under this By-law on conviction
is liable to the following penalties:
a)
Upon a first conviction, the minimum fine shall be $350.00 and the
maximum fine shall be $100,000.00;
b)
Upon a second or any subsequent conviction, the minimum fine shall
be $500.00 and the maximum fine shall be $100,000.00;
c)
Upon conviction for a continuing offence, the minimum fine shall be
$500.00 and the maximum fine shall be $10,000.00 for each day or
part of a day that the offence continues; and
d)
Upon conviction for a multiple offence, for each offence included in
the multiple offences, the minimum fine shall be $500.00 and the
maximum fine shall be $10,000.00.
e)
Every Person who contravenes any provision of this By-law is liable
to the fines and administrative fees set out under the Administrative
Monetary Penalty System By-law 2019-62, as amended, and each
day shall constitute a new and separate offence.
f)
Every Person who is in contravention of the provisions of this By-law
may request a review of the matter in accordance with the
Administrative Monetary Penalty System By-law 2019-62, as
amended.
Fireworks By-law 2015-18
Page 16 of 16
24.0 LIABILITY
24.1 In addition to any other Person who commits an offence under this by-
law, the owner of the premises on which the Fireworks or Prohibited
Fireworks are or were sold, stored, displayed or discharged in
contravention of this by-law shall be deemed to commit the same offence.
25.0 SEVERABILITY
25.1 Where a Court of competent jurisdiction declares any section or part of a
section of this By-law invalid, the remainder of this By-law shall continue in
force unless the Court makes an order to the contrary.
26.0 SHORT TITLE
This By-law shall be referred to as the "Fireworks By-law".
ENACTED THIS 11th DAY OF
MAY,
2015.
Tony Van Bynen, Mayor
Andrew Brouwer, Town Clerk