Municipal Code Chapter 920 — Fireworks - Regulation — full text

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Orillia 920.1 April 2024 Protection Chapter 920 Fireworks - Regulation Chapter Index Article 1 Title and Scope 920.1.1 Title and scope Article 2 Definitions 920.2.1 Fire Chief - defined 920.2.2 City - defined 920.2.3 Council approved special event - defined 920.2.4 Display fireworks - defined 920.2.5 Fireworks - defined 920.2.6 Flying lantern - defined 920.2.7 Officer - defined 920.2.8 Owner of the property - defined 920.2.9 Person - defined 920.2.10 Set off - defined 920.2.11 Special effect pyrotechnics - defined Article 3 General Provisions 920.3.1 Set off fireworks - prohibited 920.3.2 Flying lantern - prohibited Article 4 Exemptions 920.4.1 Exemption - Council approved special event 920.4.2 Application to Council - conditions 920.4.3 Grant of exemption - decision - Council Fireworks - Regulation 920 Orillia 920.2 April 2024 920.4.4 Grant of exemption - terms - conditions - breach - void Article 5 Enforcement 920.5.1 Authority - Enforcement 920.5.2 Entry and inspection 920.5.3 Fine - contravention - general 920.5.4 Fine - contravention - part 1 offence 920.5.5 Fire Department attendance - fire - fee 920.5.6 Order - prohibiting continuation - offence 920.5.7 Hinder or obstruct 920.5.8 Rebuttable presumption - identification Article 6 Interpretation and Validity 920.6.1 Words - intention 920.6.2 Headings 920.6.3 Amended references 920.6.4 Validity and severability ____________ Article 1 Title and Scope 920.1.1 Title and scope This Chapter may be cited as the "Fireworks By-law." In the text of the Chapter, it is referred to as "this Chapter." Article 2 Definitions 920.2.1 Fire Chief - defined "Fire Chief" means the Fire Chief for the City, or their designate. 920.2.2 City - defined "City" means The Corporation of the City of Orillia. Fireworks - Regulation 920 Orillia 920.3 April 2024 920.2.3 Council approved special event - defined "Council approved special event" means an event approved by Council, or by authorized staff pursuant to Chapter 251 of the City's Municipal Code - delegated authority. 920.2.4 Display fireworks - defined "display fireworks" means high hazard fireworks generally used for community celebrations, classified as Type F.2 fireworks under the Explosives Act, R.S.C, 1985, c. E-17, and the regulations enacted thereunder, including bombshells, display shells, large wheels, bombardos, rockets, serpents, barrages, batteries, tourbillions, maroons, bouquets, waterfalls, fountains, illumination, set pieces and pigeons. 920.2.5 Fireworks - defined "fireworks" means a substance that is made, manufactured or used to produce an explosion or detonation or a pyrotechnic device and includes fireworks composition and manufactured fireworks including firecrackers, firework showers, fountains, gold rain, lawn lights, pin wheels, roman candles, volcanoes, display fireworks, and special effect pyrotechnics, but does not include Christmas Crackers, sparklers, or caps for toy guns. 920.2.6 Flying lantern - defined "flying lantern" means a sky lantern, also known as Kongming lantern or Chinese lantern, is a small hot air balloon made of paper, with an opening at the bottom where a small fire is suspended such that the lantern will rise and float in the air while ignited. 920.2.7 Officer - defined "Officer" means a Municipal By-law Enforcement Officer, Police Officer, Fire Chief, or any other person appointed by by-law to enforce this Chapter. 920.2.8 Owner of the property - defined "owner of the property" means the registered owner of the property and, in the case of a condominium, shall mean the condominium corporation or a person authorized to act on behalf of the corporation. 920.2.9 Person - defined "person" includes an individual, sole proprietorship, partnership, limited partnership, trust, corporation, and an individual in his or her capacity as a trustee, executor, administrator, or other legal representative. 920.2.10 Set off - defined "set off" includes firing, igniting, exploding, or discharge as it relates to fireworks. 920.2.11 Special effect pyrotechnics - defined "special effect pyrotechnics" means high-hazard fireworks designed for professional use, classified as Type F.3 fireworks under the Explosives Act, R.S.C, 1985, c. E-17, and the regulations enacted thereunder, including articles such as gerbs, mines, Fireworks - Regulation 920 Orillia 920.4 April 2024 comets, and crossettes, as well as special-purpose pyrotechnics made for live stage performances and the film and television industry. Article 3 General Provisions 920.3.1 Set off fireworks - prohibited No person shall set off, or cause or permit to be set off, any fireworks within the geographic limits of the City. 920.3.2 Flying lantern - prohibited No person shall ignite or release into the air, or cause or permit to be ignited or released into the air, any flying lantern within the geographic limits of the City. Article 4 Exemptions 920.4.1 Exemption - Council approved special event This Chapter does not apply to the setting off of fireworks that have been authorized under a Council approved special event. 920.4.2 Application to Council - conditions Notwithstanding anything contained in this Chapter, any person may make application to Council to be granted an exemption from any of the provisions of this Chapter with respect to the discharge of fireworks and Council, by resolution, may refuse to grant any exemption or may grant the exemption applied for or any exemption of lesser effect and any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as Council sees fit. 920.4.3 Grant of exemption - decision - Council In deciding whether to grant the exemption, Council shall consider the application and any written submission then received by Council and made by the applicant and the Council may consider such other matters as it sees fit. 920.4.4 Grant of exemption - terms - conditions - breach - void A breach of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void. Article 5 Enforcement 920.5.1 Authority - Enforcement The provisions of this Chapter may be enforced by an Officer. Fireworks - Regulation 920 Orillia 920.5 April 2024 920.5.2 Entry and inspection An Officer may, at any time, enter on any land to determine whether this Chapter is being complied with. For the purpose of such inspection, the Officer 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. For the purpose of exercising the power of entry, the person exercising the power shall comply with the provisions of the Municipal Act, 2001 including any requirements of sections 435 (Conditions Governing Powers of Entry) and 437 (Restriction Re: Dwellings) of the said Act. 920.5.3 Fine - contravention - general In addition to any other applicable penalty, every person who contravenes any of the provisions of this Chapter, and every director or officer of a corporation who knowingly concurs in such contravention by a corporation, upon conviction, is guilty of an offence and shall be liable to a fine not exceeding $50,000. Notwithstanding the foregoing, where a corporation is convicted of contravening any of the provisions of this Chapter, the corporation shall be liable to a fine not exceeding $100,000. 920.5.4 Fine - contravention - part 1 offence Despite section 920.5.3, every person who is issued a Part 1 offence notice or summons and is convicted of an offence under this Chapter is liable to a maximum fine as provided for in the Provincial Offences Act. 920.5.5 Fire Department attendance - fire - fee Upon the Fire Department attending to extinguish a fire that is a result of the setting off of fireworks, the owner of the property shall be responsible to pay fees as set out in Chapter 453 of the City's Municipal Code - User Fees - Fire. 920.5.6 Order - prohibiting continuation - offence Upon conviction, in addition to any other remedy and to any penalty imposed by this Chapter, 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. Fireworks - Regulation 920 Orillia 920.6 April 2024 920.5.7 Hinder or obstruct No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this Chapter, or any person lawfully acting in aid of such an Officer. Without limiting the generality of the meaning of "hinder" or "obstruct", a person shall be deemed to have obstructed or hindered an Officer in the execution of their duties if the person: (a) provides false information to such Officer; or (b) is alleged on reasonable and probable grounds to have contravened any of the provisions of this Chapter, and fails to identify themselves to such Officer upon request. 920.5.8 Rebuttable presumption - identification In a prosecution for a contravention of this Chapter, evidence of identification shall be presumed to be correct and accurate, unless rebutted by evidence to the contrary. Article 6 Interpretation and Validity 920.6.1 Words - intention In this Chapter, unless the contrary intention is indicated, words used in singular shall include the plural and words used in the male gender shall include the female gender and a corporation or vice versa where applicable. 920.6.2 Headings Headings are inserted for convenience of reference purposes only, form no part of this Chapter and shall not affect in any way the meaning or interpretation of the provisions of this Chapter. 920.6.3 Amended references Any references to a statute, regulation, by-law or other legislation or statutory instrument in this Chapter shall include such statute, regulation, by-law or other legislation or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor legislation thereto. 920.6.4 Validity and severability Every provision of this Chapter is declared to be severable from the remainder of the Chapter and if any provision of this Chapter shall be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder. Fireworks - Regulation 920 Orillia 920.7 April 2024 Adopting By-law: By-law 2024-041, 8 April 2024.