Municipal Code Chapter 1041 - Fireworks By-law No. 77-10, as amended — full text

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PROTECTION Chapter 1041 FIREWORKS CHAPTER INDEX Article 1 SHORT TITLE 1041.1.1 Citation Article 2 INTERPRETATION 1041.2.1 Applicable laws - defined 1041.2.2 Building - defined 1041.2.3 Consumer fireworks - defined 1041.2.4 Council - defined 1041.2.5 Discharge - defined 1041.2.6 Discharge permit- defined 1041.2.7 Display fireworks - defined 1041.2.8 Display Supervisor - defined 1041.2.9 Explosives Act - defined 1041.2.10 Explosives Regulations - defined 1041.2.11 Fire Chief - defined 1041.2.12 Fire extinguishing equipment - defined 1041.2.13 Fireworks - defined 1041.2.14 Fireworks manual - defined 1041.2.15 Information package - defined 1041.2.16 Inspector - defined RICHMOND HILL 1041.1 NOVEMBER 2012 1041.2.17 Magazine - defined 1041.2.18 Mobile sales premise - defined 1041.2.19 Municipal Act, 2001 - defined 1041.2.20 Nuisance - defined 1041.2.21 Permanent fireworks premise - defined 1041.2.22 Permanent fireworks vendor - defined 1041.2.23 Permit Officer - defined 1041.2.24 Person - defined 1041.2.25 Prohibited fireworks - defined 1041.2.26 Pyrotechnics - defined 1041.2.27 Sale premise - defined 1041.2.28 Sell or sale - defined 1041.2.29 Tariff of Fees By-law - defined 1041.2.30 Temporary fireworks premise - defined 1041.2.31 Temporary lease fireworks premise - defined 1041.2.32 Town - defined 1041.2.33 Vehicle - defined 1041.2.34 Vendor permit - defined Article 3 ADMINISTRATION 1041.3.1 Application to all Town lands 1041.3.2 Permit Officer - responsibilities 1041.3.3 Conflict - restrictive provisions prevail ARTICLE 4 GENERAL PROHIBITIONS 1041.4.1 Possession - discharge - sale 1041.4.2 Prohibited fireworks - no possession - no sale- no discharge 1041.4.3 Unsafe discharge - prohibited FIREWORKS NOVEMBER 2012 1041.2 RICHMOND HILL 1041.4.4 Discharge onto public place - discharge permit required 1041.4.5 Storage - compliance with Explosives Act - Regulations 1041.4.6 Storage - motor vehicle 1041.4.7 Obstruction of inspection - prohibited 1041.4.8 Failure to obey - order ARTICLE 5 DISCHARGE OF CONSUMER FIREWORKS 1041.5.1 Victoria - Canada Day - other - discharge permit required 1041.5.2 Discharge - person under 18 - direct supervision required 1041.5.3 Discharge - permission of owner of land - required 1041.5.4 Fire Extinguishing equipment 1041.5.5 Discharge - in building - vehicle - prohibited 1041.5.6 Discharge - proximityto explosives - flammablesubstances 1041.5.7 Discharge permit - consumer fireworks - conditions Article 6 DISCHARGE OF DISPLAY FIREWORKS OR PYROTECHNICS 1041.6.1 Discharge permit - required 1041.6.2 Discharge permit - conditions 1041.6.3 Discharge only on - date - at time - location on permit 1041.6.4 Discharge only by display supervisor 1041.6.5 Display supervisor - present at set-up - clean-up 1041.6.6 Discharge - near storage of explosives - prohibited 1041.6.7 Discharge - near hospital - nursing home - prohibited 1041.6.8 Fire extinguishing equipment - maintenance - operation 1041.6.9 Fireworks manual - discharge must conform 1041.6.10 Permit - produce on demand - inspection of site 1041.6.11 Additional conditions of discharge 1041.6.12 Discharge permit - revocation FIREWORKS RICHMOND HILL 1041.3 NOVEMBER 2012 ARTICLE 7 APPLICATIONS FOR DISCHARGE PERMITS 1041.7.1 Discharge application - application form - requirements 1041.7.2 Discharge application - submission requirements 1041.7.3 Discharge application - submission requirements 1041.7.4 Receipt of application - fees - not approval Article 8 REGULATIONS AFFECTING THE SALE OF ALL FIREWORKS 1041.8.1 Vendor permits - general requirement 1041.8.2 Vendor permit - conditions 1041.8.3 Sale - only at location shown on permit 1041.8.4 Sale - outdoor stand - tent - etc. - prohibited 1041.8.5 Sale - consumer fireworks - from sale premise 1041.8.6 Sale - consumer fireworks - Victoria Day - Canada Day 1041.8.7 Sale - consumer fireworks - vendor permit requirements 1041.8.8 Fireworks - included on authorized explosives list 1041.8.9 Sale of fireworks - standards 1041.8.10 Fireworks - display for sale 1041.8.11 Fireworks - display for sale - general 1041.8.12 Fireworks - display in shop window - mock samples only 1041.8.13 Sale - in accordance with information package 1041.8.14 Information package - employee who has reviewed 1041.8.15 Display - information - brochures - safe handling 1041.8.16 Non-smoking area 1041.8.17 Sale - to person under eighteen - prohibited 1041.8.18 Employee of vendor - instruction - acknowledgement 1041.8.19 Vendor permit - posting 1041.8.20 Vendors - must hold valid licence FIREWORKS NOVEMBER 2012 1041.4 RICHMOND HILL 1041.8.21 Consumer fireworks - storage 1041.8.22 Sale - fireworks - pyrotechnics - fireworks vendor 1041.8.23 Display - fireworks - pyrotechnics - unattended 1041.8.24 Storage - fireworks not on display Article 9 APPLICATION, RENEWAL AND REVOCATION OF VENDOR PERMITS 1041.9.1 Vendor permit application - application form 1041.9.2 Vendor permit application - submission requirements 1041.9.3 Applicant - to provide identification 1041.9.4 Applicant - partnership - additional requirements 1041.9.5 Applicant - partnership - additional requirements 1041.9.6 Vendor permit - in effect 1041.9.7 Fee - less than one year - not reduced - refund 1041.9.8 Receipt of application - fee - not represent approval 1041.9.9 No vested right - vendor permit - property of Town 1041.9.10 Transfer - assignment - prohibited 1041.9.11 Vendor permit - valid for location specified 1041.9.12 Vendor permit - not to be issued - renewed 1041.9.13 Vendor permit - revoked Article 10 ORDERS 1041.10.1 Order to discontinue activity 1041.10.2 Orders for work 1041.10.3 Previous contravention 1041.10.4 Service of orders 1041.10.5 Unable to effect service of order 1041.10.6 Work done by municipality FIREWORKS RICHMOND HILL 1041.5 NOVEMBER 2012 Article 11 OFFENCE, PENALTY AND ENFORCEMENT 1041.11.1 Contravention 1041.11.2 Continuing and multiple offences 1041.11.3 Fines 1041.11.4 Special fines 1041.11.5 Additional remedy 1041.11.6 False statement - discharge - vendor permit - revoked 1041.11.7 Inspection - documents - record 1041.11.8 Inspection - by inspector or Permit Officer Article 12 MISCELLANEOUS 1041.12.1 Severability 1041.12.2 Notice - service Article 13 REPEAL - ENACTMENT 1041.13.1 By-law - previous 1041.13.2 Effective date Article 1 SHORT TITLE 1041.1.1 Citation The short title of this Chapter shall be the "Fireworks By-law." Article 2 INTERPRETATION 1041.2.1 Applicable laws - defined "applicable laws" means all statutes, laws, by-laws, regulations, ordi- nances, orders and requirements of governmental or other public authori- ties having jurisdiction, and all amendments thereto, at any time and from time to time in force. 1041.1.1 FIREWORKS 1041.2.1 NOVEMBER 2012 1041.6 RICHMOND HILL 1041.2.2 Building - defined "building" means any structure used or intended for supporting or shelter- ing any use or occupancy. 1041.2.3 Consumer fireworks - defined "consumer fireworks" means low-hazard fireworks for recreation that are classified under Class 7, Division 2, Subdivision 1 of the Explosives Reg- ulations, including, but not limited to, fireworks showers, fountains, golden rain, lawn lights, pinwheels, roman candles, volcanoes, sparklers, Christmas crackers and caps for toy guns, but does not include display fireworks, pyrotechnics and prohibited fireworks as such terms are defined in this Chapter. 1041.2.4 Council - defined "Council" means the Council of the Town. 1041.2.5 Discharge - defined "discharge" when used in relation to fireworks and prohibited fireworks, includes firing, igniting, exploding and setting-off such articles. 1041.2.6 Discharge permit - defined "discharge permit" means an authorization issued by the Permit Officer pursuant to this Chapter to discharge fireworks. 1041.2.7 Display fireworks - defined "display fireworks" means high hazard fireworks generally used for rec- reation, as defined in Class 7, Division 2, Subdivision 2 of the Explosives Regulations, including, but is not limited to, rockets, serpents, shells, bombshells, tourbillion, maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, illuminations, set pieces, pigeons and fire- crackers, but excludes consumer fireworks, pyrotechnics and prohibited fireworks as such terms are defined in this Chapter. 1041.2.8 Display Supervisor - defined "Display Supervisor" means a person certified as a technician under the Explosives Act to conduct displays of fireworks. 1041.2.9 Explosives Act - defined "Explosives Act" means the Explosives Act, R.S.C. 1985, c. E-17, as amended from time to time, and the regulations enacted thereunder from time to time or any act or regulations enacted in substitution therefore. 1041.2.10 Explosives Regulations - defined "Explosives Regulations" means the Explosives Regulations, C.R.C. c. 599, as amended, issued under the Explosives Act, and any regulations en- acted from time to time in substitution therefore. 1041.2.2 FIREWORKS 1041.2.10 RICHMOND HILL 1041.7 NOVEMBER 2012 1041.2.11 Fire Chief - defined "FireChief"meansthe Fire Chief for the Town and his or her designate. 1041.2.12 Fire extinguishing equipment - defined "fire extinguishing equipment" means sufficient personnel and/or equip- ment, which may include items such as fire extinguishers, water hose, pails and sand, as is necessary dependent on the type and size of the fire- works being discharged. 1041.2.13 Fireworks - defined "fireworks" means display fireworks, consumer fireworks and pyrotech- nics but excludes prohibited fireworks. 1041.2.14 Fireworks manual - defined "fireworks manual" means the most current edition of the display fire- works manual published by the Explosives Branch of Natural Resources Canada, or any successor publication. 1041.2.15 Information package - defined "information package" means an information package provided by the Town to an applicant for a vendor's permit prescribing safety instructions for the selling of fireworks including, but not limited to pamphlets, in- structions and a copy of this Chapter or safety information provided for the discharge of fireworks. 1041.2.16 Inspector - defined "inspector" means, a police officer as defined in section 2 of the Police Services Act, R.S.O. 1990, c. P.15, as amended from time to time; a mu- nicipal law enforcementofficer appointed pursuant to subsection 15 (1) of the Police Services Act, R.S.O. 1990, c. P.15, as amended from time to time; an assistant to the Fire Marshal as provided for in subsection 11(1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4; the Fire Chief, the Chief Fire Prevention Officer for the Town and the Permit Officer. 1041.2.17 Magazine - defined "magazine" means magazine as defined in the Explosives Act. 1041.2.18 Mobile sales premise - defined "mobile sales premise" means a mobile or portable premise from which fireworks are sold and includes a trailer, roadside stand and a motor vehicle. 1041.2.19 Municipal Act, 2001 - defined "Municipal Act, 2001" means the Municipal Act, 2001 S.O. 2001 c.25, as amended from time to time and the regulations enacted thereunder from time to time or any act or regulations enacted in substitution therefore. 1041.2.11 FIREWORKS 1041.2.19 NOVEMBER 2012 1041.8 RICHMOND HILL 1041.2.20 Nuisance - defined "nuisance" means a hazard or condition, thing, act or omission which is offensive or which tends to prejudice the safety, order, peace or health of residents of the municipal area or an activity, condition or premises or thing which adversely affects the rights or reasonable comfort, conve- nience or peace and quiet of any neighbourhood in the municipal area. 1041.2.21 Permanent fireworks premise - defined "permanent fireworks premise" means a premise located within a build- ing or part thereof in which the principle year round business is the sale of fireworks. 1041.2.22 Permanent fireworks vendor - defined "permanentfireworks vendor" meansa retailerconducting business in the Town that sells fireworks year round from a permanent retail outlet in the Town pursuant to a vendor permit. 1041.2.23 Permit Officer - defined "Permit Officer" means a person appointed by the Town to issue permits under this Chapter. 1041.2.24 Person - defined "person" includes an individual, and their heirs, executors, administrators or other legal representatives, a corporation, partnership or other form of business association or a receiver or mortgagee in possession. 1041.2.25 Prohibited fireworks - defined "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 is not limited to, cigarette loads or pings, ex- ploding 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. 1041.2.26 Pyrotechnics - defined "pyrotechnics" meansan explosive of a class set out in section 6 of the Ex- plosives Regulations , that is made, manufactured or used to produce a py- rotechnic theatrical effect in connection with a motion picture, theatre or television production or with a, or as a performance, before a live audi- ence, but excludes consumer fireworks, display fireworks and prohibited fireworks as such terms are defined in this Chapter. 1041.2.20 FIREWORKS 1041.2.26 RICHMOND HILL 1041.9 NOVEMBER 2012 1041.2.27 Sale premise - defined "sale premise" means a permanent fireworks premise, a temporary fire- works premise or a temporary lease fireworks premise. 1041.2.28 Sell or sale - defined "sell or sale" includes offering for sale, causing or permitting to be sold and possessing for the purposes of sale. 1041.2.29 Tariff of Fees By-law - defined "Tariff of Fees By-law" means the Town's Tariff of Fees By-law. 1041.2.30 Temporary fireworks premise - defined "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-day period before Victoria Day and Canada Day but whose principal business is not the sale of fireworks. 1041.2.31 Temporary lease fireworks premise - defined "temporary lease fireworks premise" means a premise where a retailer leases a building or a part thereof on a temporary basis solely for the pur- pose of selling consumer fireworks on Victoria Day, Canada Day or the seven-day period before Canada Day and Victoria Day. 1041.2.32 Town - defined "Town" means The Corporation of the Town of Richmond Hill, in the Re- gional Municipality of York. 1041.2.33 Vehicle - defined "vehicle" means an automobile, motorcycle, motor assisted bicycle pro- pelled or driven otherwise than by muscular power, a street car, railway locomotive or other railway car, traction engine, farm tractor, trailer, trac- tion engine, farm tractor, any vehicle drawn, propelled or driven by any kind of power, including muscular power, and any vehicle drawn, propelled or driven on rails. 1041.2.34 Vendor permit - defined "vendor permit" means an authorization issued by the Permit Officer pur- suant to this Chapter to sell fireworks. Article 3 ADMINISTRATION 1041.3.1 Application to all Town lands The provisions of this Chapter shall apply to all lands and premises within the boundaries of the Town. 1041.2.27 FIREWORKS 1041.3.1 NOVEMBER 2012 1041.10 RICHMOND HILL 1041.3.2 Permit Officer - responsibilities The Permit Officer shall: (a) receive and process all applications for discharge permits and vendor permits, including renewals thereof; (b) perform all the administrative functions conferred upon him or her by this Chapter; (c) make or cause to be made all investigations and inspections which he or she deems necessary to determine whether an ap- plicant is in compliance with the requirements of this Chapter and all applicable laws; (d) issue discharge permits and/or issue/renew vendor permits to persons who meet the requirements of this Chapter; and (e) revoke vendor permits pursuant to the provisions of this Chapter. 1041.3.3 Conflict - restrictive provisions prevail In the event of any conflict between the provisions of this Chapter and the provisions of any other Chapter, the provisions that are the most restric- tive shall prevail. ARTICLE 4 GENERAL PROHIBITIONS 1041.4.1 Possession - discharge - sale No person shall possess, discharge or sell fireworks except in accordance with applicable laws, the provisions of this Chapter and the requirements and the conditions of any applicable discharge permit. 1041.4.2 Prohibitedfireworks-nopossession-nosale-nodischarge No person shall possess, discharge or sell any prohibited fireworks. 1041.4.3 Unsafe discharge - prohibited No person shall discharge fireworks in a manner that creates or maycreate a nuisance or that creates or may create an unsafe condition, danger from fire or from risk of accident, injury or damage at or in respect of any place, location or site, or in respect of any person, property or thing. 1041.4.4 Discharge onto public place - discharge permit required No person shall discharge fireworks into, in or on any highway, street, lane, square, public park or other public place, without previously obtain- ing a discharge permit for such purpose. 1041.3.2 FIREWORKS 1041.4.4 RICHMOND HILL 1041.11 NOVEMBER 2012 1041.4.5 Storage - compliance with Explosives Act - Regulations No person shall store fireworks unless in compliance with the Explosives Act and Explosives Regulations, including, without limitation, the re- quirement to obtain a magazine licence where required under the Explo- sives Act. 1041.4.6 Storage - motor vehicle Storage of fireworks in a vehicle is prohibited except such storage in a ve- hicle as permitted pursuant to a discharge permit and which complies with all applicable laws. 1041.4.7 Obstruction of inspection - prohibited No person may obstruct or hinder the entry or the inspection of any lands or premise by an inspector for the purpose of inspecting or for the enforce- ment of this Chapter. 1041.4.8 Failure to obey - order No person shall fail to obey an order issued under Article 10 of this Chap- ter. ARTICLE 5 DISCHARGE OF CONSUMER FIREWORKS 1041.5.1 Victoria-CanadaDay-other-dischargepermitrequired No person shall discharge any consumer fireworks in the Town except on the designated days of Victoria Day, Canada Day, or the day before or af- ter such designated dates, unless the person has applied for and been is- sued a discharge permit, in which case the consumer fireworks shall only be discharged at the date, time, location and site shown on the discharge permit. 1041.5.2 Discharge-personunder18-directsupervisionrequired No parent or guardian of any person under the age of eighteen years shall allow or permit that person to discharge consumer fireworks, except un- der the direct supervision and control of a person eighteen years of age or older, who shall, at all times, remain physically present in the immediate area where the consumer fireworks are being discharged. 1041.5.3 Discharge - permission of owner of land - required No person shall discharge consumer fireworks on any land that is not owned by him or her, unless written permission for the discharge of con- sumer fireworks on a date to be clearlyspecified in the written permission, has been obtained from the owner, lessee or person in charge of the land and, if required by this Chapter, a discharge permit has been obtained. 1041.5.4 Fire extinguishing equipment Every person who discharges consumer fireworks shall: 1041.4.5 FIREWORKS 1041.5.4 NOVEMBER 2012 1041.12 RICHMOND HILL (a) provide fully maintained operational fire extinguishing equipment ready for immediate use, and present at all times and for a reasonable period thereafter, at the location or site of the discharge of consumer fireworks and shall have knowl- edge of the operational procedures associated with said fire extinguishing equipment; and (b) permit the inspection of any site where the consumer fire- works may be stored, discharged or displayed, and the con- sumer fireworks themselves, together with all associated equipment, by anyone authorized to enforce this Chapter, forthwith upon demand. 1041.5.5 Discharge - in building - vehicle - prohibited No person shall discharge consumer fireworks into, inside of, or on a building, or motor vehicle. 1041.5.6 Discharge-proximitytoexplosives-flammablesubstances No person shall discharge consumer fireworks in the Town within 100 metres (328 feet) of any place where explosives, gasoline or other highly flammable substances are sold or stored. 1041.5.7 Discharge permit - consumer fireworks - conditions Every discharge permit for consumer fireworks shall be issued subject to the conditions set out in Sections 1041.5.2 though Section 1041.5.7 inclu- sive, and any additional conditions that the Permit Officer may attach. Article 6 DISCHARGE OF DISPLAY FIREWORKS OR PYROTECHNICS 1041.6.1 Discharge permit - required No person may discharge any display fireworks or pyrotechnics except pursuant to a discharge permit issued for such purpose in accordance with the provisions of this Chapter. 1041.6.2 Discharge permit - conditions Every discharge permit for display fireworks or pyrotechnics shall be is- sued subject to the conditions set out in Sections 1041.6.3 though Section 1041.6.10 inclusive, and any additional conditions that the Permit Officer may attach. 1041.6.3 Discharge only on - date - at time - location on permit Display fireworks and pyrotechnics may only be discharged at the date, time, location and site shown on the discharge permit. A fireworks opera- tor certificate that pertains to the type of fireworks is required. 1041.5.5 FIREWORKS 1041.6.3 RICHMOND HILL 1041.13 NOVEMBER 2012 1041.6.4 Discharge only by display supervisor No person except a display supervisor shall discharge any display fire- works. No person except a pyrotechnician shall discharge pyrotechnics. 1041.6.5 Display supervisor - present at set-up - clean-up The display supervisor shall be physically present at all times during which the display fireworks display or the pyrotechnics display is being set up, discharged and cleaned up. 1041.6.6 Discharge - near storage of explosives - prohibited Display fireworks shall not be discharged within 300 metres (984 feet) of any premises or place where explosives, gasoline or other highly flamma- ble substances are manufactured or stored in bulk. 1041.6.7 Discharge - near hospital - nursing home - prohibited Display fireworks shall not be discharged within 300 metres (984 feet) of a hospital, nursing home, home for the aged, church or school unless the consent of the owner or authorized representative thereof is obtained. 1041.6.8 Fire extinguishing equipment - maintenance - operation Every person to whom a discharge permit for display fireworks or pyro- technics is issued shall provide and maintain fully operational fire extin- guishing equipment ready for immediate use, and present at all times and for a reasonable period thereafter, at the location or site of the discharge of display fireworks or pyrotechnics and shall have knowledge of the opera- tional procedures associated with said fire extinguishing equipment. 1041.6.9 Fireworks manual - discharge must conform Every person to whom a discharge permit for display fireworks or pyro- technics is issued shall conform to the applicable provisions of either the display fireworks manual or the pyrotechnics special effects manual. 1041.6.10 Permit - produce on demand - inspection of site Every person to whom a discharge permit for display fireworks or pyro- technics is issued shall: (a) produce the discharge permit on demand by any person autho- rized to enforce this Chapter; (b) permit the inspection by the Town of the fireworks and any site where the fireworks may be stored or discharged together with all associated equipment; and (c) possesses a fireworks operator certificate that pertains to the type of fireworks being used. 1041.6.4 FIREWORKS 1041.6.10 NOVEMBER 2012 1041.14 RICHMOND HILL 1041.6.11 Additional conditions of discharge Every person to whom a discharge permit for display fireworks is issued, in addition to complying with the conditions set out in Sections 1041.6.3 though Section 1041.6.10 inclusive, and any additional conditions that the Permit Officer may attach, shall: (a) conform to the applicable provisions of the Explosives Act and all other applicable laws; (b) ensure that the fire extinguishing equipment at the discharge site conforms to the applicable requirements of the fireworks manual; (c) ensure that persons present at the discharge of the display fire- works are kept at a safe distance from the firing zone as out- lined in the fireworks manual; (d) immediately after the display fireworks have been dis- charged, inspect the site and: (i) remove all unused or partly used fireworks and debris from the site; and (ii) return the site to the condition it was in before the discharge of the display fireworks. 1041.6.12 Discharge permit - revocation A discharge permit shall be revoked when in the opinion of the Permit Of- ficer the conduct of the person discharging the fireworks during the period in which the discharge permit is effective affords reasonable grounds for belief that the applicant has not, is not or will not carry on the discharge of fireworks in accordance with thisChapter and any other applicablelaws. ARTICLE 7 APPLICATIONS FOR DISCHARGE PERMITS 1041.7.1 Discharge application - application form - requirements Every person applying for a discharge permitfor consumer fireworks, dis- play fireworks or pyrotechnics shall appear in person before a Permit Of- ficer and shall submit to the Permit Officer a completed application in the form approved by the Fire Chief and signed by or on behalf of the appli- cant, which shall include, at minimum, the following information: (a) the name of the applicant and the name of the sponsoring orga- nization, if applicable; (b) a description of: (i) the type and kind of fireworks which may be dis- charged; 1041.6.11 FIREWORKS 1041.7.1 RICHMOND HILL 1041.15 NOVEMBER 2012 (ii) the discharge techniques to be used; (iii) the manner and means of restraining unautho- rized persons from attending too near the dis- charge location; (iv) the manner in which unused fireworks are to be disposed of; (v) the number of persons authorized to handle and discharge the fireworks; and (vi) the discharge site to be used for the discharge of the fireworks sufficient to identify and locate the site upon the property where the discharge is pro- posed; (c) the date and time of the proposed discharge of fireworks and an alternate date and time in the event of inclement weather; and (d) an acknowledgement that the applicant shall indemnify and hold harmless the Town and its servants, agents and employ- ees from all damages, actions, causes of actions, suits, claims and demands whatsoever which may arise directly or indi- rectly by reason of the discharge, transport, set−up, operation display and/or discharge of fireworks. 1041.7.2 Discharge application - submission requirements Along with the completed application form referred to in Section 1041.7.1, every person applying for a discharge permit shall submit the following: (a) the applicable fee for the discharge permit as set forth in the Tariff of Fees By-law; (b) personal identification in a form satisfactory to the Permit Of- ficer that shows that the applicant is at least eighteen years of age; (c) proof of authorization of the owner of the land that fireworks may be discharged at the location specified in the application; (d) a site plan of the discharge site identifying: (i) the location of the proposed discharge; (ii) access for fire and emergency vehicles satisfac- tory to the Fire Chief or his or her designate; 1041.7.2 FIREWORKS 1041.7.2 NOVEMBER 2012 1041.16 RICHMOND HILL (e) such further and other information as the Permit Officer or in- spector may require. 1041.7.3 Discharge application - submission requirements Every person applying for a discharge permit for display fireworks and pyrotechnics shall, in addition to the information and documentation re- quired in Section 1041.7.1 and Section 1041.7.2, include: (a) a certificate of insurance in the Town's form evidencing com- mercial general liability insurance in an amount no less than $5,000,000, which protects the applicant from any claims re- lating to the discharge, transport, set-up, operation display and/or discharge of fireworks, and names the Town as an addi- tional insured and contains a cross liability and severability of interests clause; (b) a copy of the certificate issued by the Chief Inspector of Ex- plosives pursuant to the Explosives Act qualifying the appli- cant as a display supervisor; and (c) such further and other information as the Permit Officer may require. 1041.7.4 Receipt of application - fees - not approval Receipt of the application and/or the fee by the Town shall not represent approval of the application for the issuance of a discharge permit nor shall it obligate the Town to issue same. Article 8 REGULATIONS AFFECTING THE SALE OF ALL FIREWORKS 1041.8.1 Vendor permits - general requirement No person shall sell or possess for the purpose of sale any fireworks with- out making application for, obtaining and maintaining, pursuant to the terms of this Chapter, a vendor permit therefore authorizing him/her to carry on such trade, calling, business or occupation in respect of the loca- tion authorized on such vendor permit. 1041.8.2 Vendor permit - conditions Every vendor permit shall be issued subject to the conditions set out in Sections 1041.8.3 through Section 1041.8.24 inclusive, and any addi- tional conditions that the Permit Officer may attach. 1041.8.3 Sale - only at location shown on permit No person shall sell fireworks from a location or site other than that speci- fied on the vendor permit. 1041.7.3 FIREWORKS 1041.8.3 RICHMOND HILL 1041.17 NOVEMBER 2012 1041.8.4 Sale - outdoor stand - tent - etc. - prohibited No person shall sell fireworks from an outdoor stand, tent, van, trailer or motor vehicle. 1041.8.5 Sale - consumer fireworks - from sale premise No person shall sell fireworks except from a sale premise in accordance with this Chapter and any other applicable laws. 1041.8.6 Sale - consumer fireworks - Victoria Day - Canada Day No person other than a permanent fireworks vendor shall sell or possess for the purpose of sale consumer fireworks on days other than Victoria Day, Canada Day, and each of the seven days preceding Victoria Day and Canada Day. 1041.8.7 Sale - consumer fireworks - vendor permit requirements No person other than a permanent fireworks vendor shall sell or possesses for the purpose of sale consumer fireworks unless a vendor permit has been obtained to sell consumer fireworks at a temporary fireworks prem- ise or a temporary lease fireworks premise. 1041.8.8 Fireworks - included on authorized explosives list Any fireworks sold in a sale premise must be of a type that is included on the most recent list of authorized explosives as published from time to time by the Explosives Branch of Natural Resources Canada, or its successors. 1041.8.9 Sale of fireworks - standards Fireworks sold in a sale premise must be sold in accordance with the stan- dards of Natural Resources Canada. 1041.8.10 Fireworks - display for sale Fireworks shall be displayed for sale in a package, glass case or other suit- able receptacle that is away from flammable goods, in a place where the fireworks will not be exposed to the rays of the sun or to excess heat, and not adjacent to any exit door. 1041.8.11 Fireworks - display for sale - general In addition to the requirements in Section 1041.8.10, consumer fireworks shall be displayed in lots that do not exceed 25 kilograms (55 pounds) each in gross weight. 1041.8.12 Fireworks - display in shop window - mock samples only Consumer fireworks displayed in any shop window shall be mock sam- ples only and shall not contain explosive composition. 1041.8.4 FIREWORKS 1041.8.12 NOVEMBER 2012 1041.18 RICHMOND HILL 1041.8.13 Sale - in accordance with information package Fireworks sold in any sale premise must be sold in accordance with all re- quirements set out within the Town of Richmond Hill fireworks informa- tion package. 1041.8.14 Information package - employee who has reviewed All vendors of fireworks in the Town must have at least one employee on site during all hours of operation that has reviewed the information package. 1041.8.15 Display - information - brochures - safe handling All vendors of fireworks in the Town must display and make available to purchasers of fireworks information or brochures outlining the safe han- dling of fireworks, including any information or brochures that maybe re- quired under the Explosives Act or supplied by the manufacturer. 1041.8.16 Non-smoking area The area within 8 metres(26 feet) of where fireworks are sold or stored for the purposes of sale shall be designated and posted as a "non-smoking" area and no person may smoke or ignite any flammable material, or pos- sess any lighted match, lighter, pipe, cigar, cigarette, open flame or spark emitting device in such area. 1041.8.17 Sale - to person under eighteen - prohibited No person shall sell fireworks to any person under the age of eighteen years. 1041.8.18 Employee of vendor - instruction - acknowledgement No vendor of fireworks mayallow any employeeto sell fireworks without instructing the employeeon the requirements of this Chapter and informa- tion package, and obtaining written acknowledgement from such em- ployee that he or she understands and will comply with the provisions of this Chapter and the information package. The foregoing written ac- knowledgement must be kept at any sale premise and be available for inspection by an inspector at any time. 1041.8.19 Vendor permit - posting Every vendor of fireworks shall keep their vendor permit for the sale of fireworks posted in a conspicuous place within the sale premise at all times during the currency of the vendor permit. 1041.8.20 Vendors - must hold valid licence All vendors of fireworks within the Town must hold a valid licence from the Explosives Branch of Natural Resources Canada, or its successors, if required. 1041.8.13 FIREWORKS 1041.8.20 RICHMOND HILL 1041.19 NOVEMBER 2012 1041.8.21 Consumer fireworks - storage The weight of consumer fireworks stored on site cannot exceed 1000 kilo- grams (2204 lbs) in gross weight unless the vendor holds a valid and ap- propriate licence to do so from the Explosives Branch of Natural Resources Canada, or its successor. 1041.8.22 Sale - fireworks - pyrotechnics - fireworks vendor Display fireworks or pyrotechnics may only be sold by a permanent fire- works vendor. 1041.8.23 Display - fireworks - pyrotechnics - unattended Any time display fireworks or pyrotechnics are being sold, any display of fireworks shall not be left unattended and an employee of the vendor of the fireworks must be present where the fireworks are being displayed. 1041.8.24 Storage - fireworks not on display Any fireworks not on display must be put in storage in accordance with the requirements of the Explosives Act and this Chapter. Article 9 APPLICATION, RENEWAL AND REVOCATION OF VENDOR PERMITS 1041.9.1 Vendor permit application - application form Every person applying for a vendor permit for consumer fireworks, dis- play fireworks or pyrotechnics shall appear in person before a Permit Of- ficer and shall submit to the Permit Officer a completed application in the form approved by the Fire Chief and signed by or on behalf of the appli- cant, which shall include, at minimum, the following information: (a) the name of the applicant; and (b) an acknowledgement that the applicant shall indemnify and hold harmless the Town and its servants, agents and employ- ees from all damages, actions, causes of actions, suits, claims and demands whatsoever which may arise directly or indi- rectly by reason of the sale, storage and display of fireworks. 1041.9.2 Vendor permit application - submission requirements Along with the completed application form referred to in Section 1041.9.1, every person applying for a vendor permit shall submit the following: (a) the applicable fee for the vendor permit as set forth in the Tar- iff of Fees By-law; (b) a certificate of insurance in the Town's form evidencing com- mercial general liability insurance in an amount no less than 1041.8.21 FIREWORKS 1041.9.2 NOVEMBER 2012 1041.20 RICHMOND HILL $2,000,000, which protects the applicant from any claims re- lating to the sale, storage and display of fireworks, names the Town as an additional insured, contains a cross liability and severability of interests clause, and provides the Town with thirty days' notice of cancellation or material change; (c) a letter from the Zoning Department approving the site for re- tail sales of fireworks (note: if the site is already zoned for re- tail a zoning letter is not necessary); (d) documentation satisfactory to the Permit Officer demonstrat- ing the applicant's right to possess or occupy the premises; and (e) such further and other information as the Permit Officer may require. 1041.9.3 Applicant - to provide identification Every applicant for a vendor permit, where such applicant is an individ- ual, shall provide two pieces of identification, one of which mustbe one of the following: (a) a valid driver's licence; (b) a valid passport; or (c) a certificate of Canadian citizenship; 1041.9.4 Applicant - partnership - additional requirements Without limiting the generality of any other provision in this Chapter, and in addition to the requirements in Sections 1041.9.1 through Section 1041.9.3 inclusive, persons who are a partner in a partnership applying for a permitunder this Chapter shall file with their application a statutory dec- laration, in writing, signed by all partners of the partnership, which declaration shall state: (a) the full name of every partner and the address of his ordinary residence; (b) the name or names under which they carry on or intend to carry on business; (c) that the persons therein named are the only partners of the partnership; and (d) the mailing address for the partnership. 1041.9.3 FIREWORKS 1041.9.4 RICHMOND HILL 1041.21 NOVEMBER 2012 1041.9.5 Applicant - partnership - additional requirements Without limiting the generality of any other provision in this Chapter, and in addition to the requirements in Sections 1041.9.1 through Section 1041.9.3 inclusive, every corporation applying for a permit shall file with the Permit Officer, at the time of making its application, a copy of articles of incorporation or other incorporating document and shall file a statutory declaration, in writing signed by an officer of the corporation, which declaration shall state: (a) the full name of every shareholder and the address of his or her ordinary residence if the corporation is not a corporation whose shares are publicly traded; (b) the name or names under which it carries on or intends to carry on business; and (c) the mailing address for the corporation. 1041.9.6 Vendor permit - in effect Every vendor permit issued under this Chapter shall be effective from the date of issuance until December 31st in the year of issuance. 1041.9.7 Fee - less than one year - not reduced - refund The fee payable pursuant to Section 1041.7.2 (a) shall not be reduced in the event that the period for which the vendor permit is granted is less than one year. For greater certainty, the fees for a vendor permit issued after January 1 in any calendar year shall not be pro-rated. Fifty percent of such fee is refundable in the event that an application is not accepted for licensing. 1041.9.8 Receipt of application - fee - not represent approval Receipt of the application and/or the fee by the Town shall not represent approval of the application for the issuance of a vendor permit nor shall it obligate the Town to issue same. 1041.9.9 No vested right - vendor permit - property of Town No person shall enjoy a vested right in the continuance of a vendor's per- mit and any vendor permit issued pursuant to this Chapter shall be the sole property of the Town. 1041.9.10 Transfer - assignment - prohibited No person shall transfer or assign a vendor permit in any manner whatso- ever and any vendor permit transferred or assigned shall be deemed revoked. 1041.9.5 FIREWORKS 1041.9.10 NOVEMBER 2012 1041.22 RICHMOND HILL 1041.9.11 Vendor permit - valid for location specified Every vendor permit shall indicate the authorized location for the sale of fireworks and the vendor permitshall be valid for the location listed on the vendor permit. 1041.9.12 Vendor permit - not to be issued - renewed A vendor permit shall not be issued or renewed by the Permit Officer where: (a) the vendor has been convicted of an offence under this Chap- ter or the Explosives Act; (b) the vendor is a corporation and any of its directors or officers has been convicted of an offence under this Chapter or the Ex- plosives Act; (c) the vendor is a partnership and any of its partners have been convicted of an offence under this Chapter or the Explosives Act; (d) in the opinion of the Fire Chief the past or current conduct of the applicant affords reasonable grounds for belief that the ap- plicant has not, is not or will not carry on the selling of fire- works in accordance with this Chapter and any other applicable laws; (e) the applicant is a corporation and in the opinion of the Fire Chief the conduct of any of the officers, directors, sharehold- ers or employees of the corporation affords reasonable grounds for belief that the applicant has not, is not or will not carry on the selling of fireworks in accordance with this Chap- ter and any other applicable laws; (f) the application is a partnership and in the opinion of the Fire Chief the conduct of any of the partners or employees of the partnership affords reasonable grounds for belief that the ap- plicant has not, is not or will not carry on the selling of fire- works in accordance with this Chapter and any other applicable laws; (g) the applicant has provided false or misleading information in respect of the vendor permit application or any previous appli- cations; and (h) in the opinion of the Fire Chief the premises in which the ap- plicant has sold or intends to sell fireworks does not comply with the provisions of this Chapter or any other applicable law. 1041.9.11 FIREWORKS 1041.9.12 RICHMOND HILL 1041.23 NOVEMBER 2012 1041.9.13 Vendor permit - revoked A vendor permit shall be revoked when: (a) the vendor has been convicted of an offence under this Chap- ter or the Explosives Act during the period in which the vendor permit is effective; (b) the vendor is a corporation and any of its directors or officers have been convicted of an offence under this Chapter or the Explosives Act during the period in which the permit is effective; (c) the vendor is a partnership and any of its partners have been convicted of an offence under this Chapter or the Explosives Act during the period in which the permit is effective; and (d) in the opinion of the Permit Officer the conduct of the vendor, during the period in which the vendor permit is effective af- fords reasonable grounds for belief that the applicant has not, is not or will not carry on the selling of fireworks in accor- dance with this Chapter and any other applicable laws. Article 10 ORDERS 1041.10.1 Order to discontinue activity If an inspector is satisfied that a contravention of this Chapter has oc- curred, the inspector may make an order requiring the person who contra- vened this Chapter or who caused or allowed the contravention of this Chapter to occur or the owner or occupier of the land on which the contra- vention occurred, to discontinue the contravening activity and the order shall set out: (a) the municipal address or the legal description of the site; (b) reasonable particulars of the contravention adequate to iden- tify the contravention; and (c) the date by which there must be compliance with the order. 1041.10.2 Orders for work If an inspector is satisfied that a contravention of this Chapter has oc- curred, the inspector may make an order requiring the person who contra- vened this Chapter or who caused or allowed the contravention of this Chapter to occur or the owner or occupier of the land on which the contra- vention occurred to do work to correct the contravention and the order shall set out: (a) the municipal address or the legal description of the site; 1041.9.13 FIREWORKS 1041.10.2 NOVEMBER 2012 1041.24 RICHMOND HILL (b) reasonable particulars of the contravention adequate to iden- tify the contravention; (c) the date by which there must be compliance with the order; and (d) if the work is not done in compliance with the order by the date it specifies, the Town may have the work done at the expense of the owner. 1041.10.3 Previous contravention An order made under Section 1041.10.2 may require work to be done even though the facts which constitute the contravention of the Chapter were present before this Chapter came into force. 1041.10.4 Service of orders Orders issued by an inspector under Sections 1041.10.1 or Section 1041.10.2 shall be served personally or by prepaid registered mail to the last known address of the owner of the site and any other person who con- travened this Chapter or who caused or allowed the contravention of this Chapter. 1041.10.5 Unable to effect service of order If the Town is unable to effect service on any person under Section 1041.10.4, a placard containing the terms of the order may be placed in a conspicuous place on the site and the placing of the placard shall be deemed to be sufficient service of the order. 1041.10.6 Work done by municipality If the work required by an order under Section 1041.10.2 is not done by the date set out in the order, the Town, in addition to all other remedies it mayhave, maydo the work at the owner's expense and mayenter upon the site, at any reasonable time, for this purpose in accordance with the provi- sions of the Municipal Act, 2001. Article 11 OFFENCE, PENALTY AND ENFORCEMENT 1041.11.1 Contravention Any person who contravenes any provision of this Chapter or an order is- sued pursuant to Section 1041.10.1 or Section 1041.10.2 is guilty of an offence. 1041.10.3 FIREWORKS 1041.11.1 RICHMOND HILL 1041.25 NOVEMBER 2012 1041.11.2 Continuing and multiple offences All contraventions of this Chapter or orders issued under Section 1041.10.1 and Section 1041.10.2 are designated as multiple offences and continuing offences. A multiple offence is an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this Chapter. For the pur- poses of this Chapter, an offence is a second or subsequent offence, if the act giving rise to the offence occurred after a conviction had been entered at an earlier date for the same offence. 1041.11.3 Fines On conviction of an offence under this Chapter, a person is liable to a fine in accordance with section 429 of the Municipal Act, 2001, and the fol- lowing rules made pursuant to section 429 of the Municipal Act, 2001: (a) a minimum fine of $500 and a maximum fine which shall not exceed $100,000 for a contravention of this Chapter; (b) in the case of a continuing offence, for each day or part of a day that the offence continues, a minimum fine of $500 and a maximum fine of $10,000, the total of which, notwithstanding Section 1041.11.3(a), may exceed $100,000; and (c) in the case of a multiple offence, for each offence included in the multiple offence, a minimum fine of $500 and a maximum fine of $10,000, the total of which, notwithstanding Section 1041.11.3 (a), may exceed $100,000. 1041.11.4 Special fines On conviction of an offence under this Chapter a person is, in addition to the fine provided for in Section 1041.11.3, liable to a special fine in accor- dance with subsection 429 (2)(d) of the Municipal Act, 2001. The amount of the special fine will be the minimum fine as provided for in Section 1041.11.3 to which may be added the amount of economic advantage or gain that person has obtained or can obtain from the contravention of this Chapter and/or order issued pursuant to Section 1041.10.1 or Section 1041.10.2. Pursuant to subsection 429 (3)(1) of the Municipal Act, 2001, a special fine may exceed $100,000. 1041.11.5 Additional remedy If this Chapter is contravened and a conviction is entered, in addition to any other remedy and to any penalty imposed by the Chapter, the court in which the conviction has been entered and any court of competent juris- diction thereafter may make an order: (a) prohibiting the continuation or repetition of the offence by the person convicted; and 1041.11.2 FIREWORKS 1041.11.5 NOVEMBER 2012 1041.26 RICHMOND HILL (b) requiring the person convicted to correct the contravention in the manner and within the period that the court considers ap- propriate. 1041.11.6 False statement - discharge - vendor permit - revoked The making of a false or intentionally misleading recital of fact, statement or representation in any agreement, statutory declaration or application form required by this Chapter shall be deemed to be a violation of the pro- visions of this Chapter and shall result in the revocation of a permit issued hereunder. 1041.11.7 Inspection - documents - record Every vendor permit holder shall, during the regular operating hours of the premises and at all times when fireworks are provided therein, make available for inspection by the Permit Officer or an inspector, the original of any document or record referred to in this Chapter. 1041.11.8 Inspection - by inspector or Permit Officer Every discharge permit applicant and every person who discharges fire- works shall, at all times during the set-up, discharge and dismantling of the fireworks, permit the entry by and the inspection of the site where the fireworks will be discharged by an inspector or Permit Officer. Article 12 MISCELLANEOUS 1041.12.1 Severability Should any Section of this Chapter be declared invalid by a court of com- petent jurisdiction, such Section shall be construed as being severed from this Chapter and the remainder of the Chapter shall continue in full force and effect. 1041.12.2 Notice - service Wherever notice or materialsare required to be served upon or provided to any person pursuant to this Chapter, such provision shall be deemedeffec- tive, unless otherwise provided in this Chapter, upon mailing of such ma- terials by registered mail to the last known address of that person as indicated upon the permit or other material filed with the Town or to the last assessed business address for the persons indicated upon the taxation roll records. Article 13 REPEAL - ENACTMENT 1041.13.1 By-law -previous By-law No. 284-92 is repealed in its entirety. 1041.11.6 FIREWORKS 1041.13.1 RICHMOND HILL 1041.27 NOVEMBER 2012 1041.13.2 Effective date This Chapter shall come into force and effect on the 1st day of January, 2011. By-law 77-10, 12 July, 2010. 1041.13.2 FIREWORKS 1041.13.2 NOVEMBER 2012 1041.28 RICHMOND HILL