Sale and Discharge of Fireworks By-law No. 61-2009
North Huron, Ontario
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The Corporation of the Township of North Huron
By-law No. 61-2009
Sale and Discharge of Fireworks By-law
WHEREAS pursuant to paragraphs 37, 38, and 49 of Section 210 of the Municipal Act,
R.S.O. 2001, c.M.45, as amended, councils of local municipalities are authorized to
pass by-laws for the following:
37. For regulating the sale of fireworks or any class thereof and for prohibiting the sale
of fireworks or any class thereof on any days during the year specified in the by-law.
38. For prohibiting or regulating the setting off of fireworks or any class or classes
thereof in the municipality or in any defined areas or areas thereof and for requiring a
permit for the holding of fireworks displays and prescribing the conditions under which
fireworks displays may be held under such permit.
49. For making such other regulations for preventing fires and spread of fires as the
council considers necessary.
NOW THEREFORE the Council of the Municipality of Township of North Huron enacts
as follows:
1. Definitions in this by-law
a) "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 substitution therefore;
b) "Authorized Persons" means as the context requires a) in the case of Display
Fireworks those persons working under the direct supervision of the fireworks
supervisor, who have been as a minimum, certified as an apprentice as required
by the Explosives Regulatory Division of Natural Resources Canada, and b) in
the case of Pyrotechnic Special Effects Fireworks, those persons working under
the direct supervision of the pyrotechnician, who have been as a minimum,
certified as a theatrical user as required by the Explosives Regulatory Division of
Natural Resources Canada.
c) "Firecrackers" means a pyrotechnic device that explodes instantaneously when
ignited and does not make any subsequent display or visible effect after the
explosion, and includes those devices commonly known as Chinese firecrackers,
but does not include paper caps containing not in excess of an average of
twenty-five one-hundredths of a grain of explosive used per cap, or device for
use with such caps.;
d) "Consumer Firework" means an outdoor, low hazard, recreational firework that
is classed as a subdivision 1 of Division 2 of Class 7 Fireworks under the Act and
includes fireworks showers, fountains, golden rain, lawn lights, pin wheels,
Roman candles, and volcanoes, but does not include sparklers, Christmas
crackers, and caps for toy guns containing not in excess of twenty-five one-
hundredths of a grain of explosive used per cap;
e) "Display Firework" means an outdoor, high hazard, recreational firework that is
classes as a subdivision 2 of Division 2 of Class 7 Fireworks under the Act, and
includes rockets, serpents, shells, bombshells, tourbillions, maroons, large
wheels, bouquets, bombardos, waterfalls, fountains, batteries, illumination, set
pieces and pigeons but does not include firecrackers;
f) "Display of Display Fireworks" means a display of display fireworks which may
include consumer fireworks;
g) "Prohibited Firework" includes but is not limited to cigarette loads or plugs,
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 torpedoes and cracking balls, exploding golf
balls, stink bombs and smoke bombs, tear gas pens and launchers, party
poppers and table bombs, table rockets and bottle sky rockets, fake firecrackers
and other trick devices or practical jokes as included on the most recent list of
prohibited fireworks as published from time to time under the Act;
h) "Firework Supervisor" means a person who is an approved purchaser of
display fireworks and who is qualified under the Act to supervise the discharge of
display fireworks;
i) "Discharge" means to fire, ignite, explode or set off or cause to be fired, ignited,
exploded or set off and the words "discharged" and "discharging" have a similar
meaning;
j) "FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as
amended, and the Regulations enacted thereunder as amended from time to
time or any Act and Regulations enacted in substitution therefore;
k) "Fire Chief" shall mean the Fire Chief of the Fire Department of North Huron or
authorized designates;
l) "By-law Enforcement Officer" shall mean the By-law Enforcement Officer of
the Municipality of the Township of North Huron.
Sale of Fireworks and Firecrackers
2. It shall be unlawful for any person or corporation to offer fireworks for sale within
the Township of North Huron, except for the days and dates as mentioned in this
By-law;
a) Seven (7) days before and on the third (3rd) Monday of the month of May,
being Victoria Day;
b) Seven (7) days before and on the 1st day of July, being Canada Day;
c) Seven (7) days before and on the 1st Monday of August of each year,
being the Civic Holiday;
d) Seven (7) days before and on the 1st Monday of September of each year,
being Labour Day, and;
e) Seven (7) days before and on December 31st of each year, being New
Year's Eve Day;
3. No person shall sell or possess any firecrackers.
4. No person shall sell any prohibited fireworks.
5. No person shall sell or give to any person under the age of 18 years any type of
consumer or display fireworks.
6. No person shall sell consumer fireworks in a building unless the provisions of the
Ontario Fire Code and all other applicable Acts and Regulations are complied
with.
7. No person shall display for sale any consumer fireworks in lots that exceed 22.68
kilograms gross with (50 pounds gross weight).
Discharge of Consumer Fireworks
8. It shall be unlawful for any person or corporation to set off any fireworks within
the Township of North Huron, except for the days and dates as mentioned in this
By-law;
a) The 3rd Monday of the month May, being Victoria Day;
b) The 1st day of July, being Canada Day;
c) The 1st Monday of August, being the Civic Holiday;
d) The 1st Monday of September, being Labour Day;
e) The 31st of December, being New Year's Eve Day, and;
f) The date of any community functions approved by the Council for the
Township of North Huron.
9. A person eighteen (18) years of age or older may hold a display of consumer
fireworks on any land belonging to him or her or on any other privately owned
land where the owner thereof has given permission for such display or discharge
of fireworks.
10. 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.
11. 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.
12. No person shall discharge any consumer fireworks in or into any building,
doorway, or automobile.
13. It shall be unlawful for any person or corporation to set off fireworks in any public
place including, but not limited to, public parks, streets, roads, and alleys, nor
permit debris to fall upon such sites with the previous consent of the Council for
the Corporation of the Township of North Huron.
Discharge of Display Fireworks
14. No person or group of persons shall hold or discharge a display of display
fireworks without first having obtained a permit to do so issued by the Council for
the Corporation of the Township of North Huron;
15. Every application for a permit shall be made to the Council of the Corporation of
the Township of North Huron a minimum of twenty-one (21) calendar days prior
to the event when the proposed discharge of display fireworks is to occur.;
16. Every application for a permit shall be submitted by the Fireworks Supervisor and
shall include:
a. A description of the event including
i. The date and time of the proposed discharge of display fireworks;
ii. The type and kind of display fireworks that may be discharged;
iii. The discharge techniques to be used;
iv. The manner and means of restraining unauthorized persons from
attending too near the discharge site;
v. The manner in which unused display fireworks are to be disposed
of, and;
vi. The number of Authorized Persons on site during the event to
handle and discharge the display fireworks;
b. A site plan providing a description of the discharge site to be used for the
discharging of the fireworks;
c. A description of the fire emergency procedures;
d. The name and address of the applicant (Fireworks Supervisor) and the
sponsoring organization, if applicable;
e. Proof of certification of the applicant as a Fireworks Supervisor;
f. Proof of consent of the owner of the property to the discharge of display
fireworks in writing;
g. A permit fees as set out in the applicable North Huron fees and services
by-law;
h. Proof of insurance and indemnification in accordance with Sections 16
and 17;
i. An applicant for a permit is, subject to the provisions of this by-law,
entitled to be issued the permit, except where:
i. The application is incomplete;
ii. The applicant is not a Fireworks Supervisor; or
iii. There are reasonable grounds for belief that the holding of the
display fireworks will result in a breach of this or another by-law, the
FPPA or the Act.
Insurance and Indemnification
17. 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 Corporation of the Township of North Huron as an
additional insured thereunder. Such insurance shall include coverage for displays
of pyrotechnic special effects fireworks, consumer fireworks or display fireworks.
Such insurance policy shall contain an endorsement to provide the Township of
North Huron within thirty (30) calendar days prior written notice of cancellation or
of a material change that would diminish coverage, and a standard Certificate of
Insurance evidencing such insurance coverage shall be provided to the
Municipality prior to the issuance of a permit.
18. The applicant for a permit shall indemnify and save harmless the Township of
North Huron from any and all claims, demands, causes of action, loss, costs or
damages that the Township of North Huron may suffer, incur or be liable for
resulting from the performance of the applicant as set out in the by-law whether
with or without negligence on the part of the applicant, the applicant's employees,
directors, contractors and agents.
Permits
19. A permit allowing the sale and setting off of fireworks on days and dates other
than those set out in this By-law may be obtained upon application to Council for
The Corporation of the Township of North Huron. Council may impose any
conditions it deems appropriate for obtaining, continuing to hold and renewing
any firework permit including requiring the applicant to submit plans for the
review and approval of Council.
20. Any fireworks permit may be revoked or suspended by Council for The
Corporation of the Township of North Huron for any reason Council deems
appropriate.
21. Notwithstanding the provision of the by-law in relation to day and time, the Fire
Chief may suspend the use of fireworks on "legal" days when a no burn order
has been issued.
22. No person under the influences of drugs or alcohol shall set off any firework(s).
Offence and Penalties
23. Every person who contravenes any section of this By-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P.33, as amended.
24. This by-law shall come into force and effect upon its enactment.
Read a first, second and third time and finally passed this 19th day of October, 2009.
__________________________________
Reeve Neil G. Vincent
CORPORATE SEAL
__________________________________
Clerk Kriss Snell