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BY-LAW NUMBER 68 OF 2022
OF THE CITY OF SARNIA
"A By-Law to Regulate the Sale and Setting off of Fireworks"
(Re: Fireworks By-Law)
WHEREAS Section 120 of the Municipal Act,200L, S.O. 2001, c.25, as
amended, provides that a local municipality may prohibit and regulate
the manufacture, storage, keeping and transportation of explosives
and dangerous substances;
AND WHEREAS Section L2L of the Municipal Act,2001, S.O.
200I, c.25, as amended, authorizes a municipality to prohibit and
regulate the sale and setting off of fireworks, may prohibit these
activities unless a permit is obtained, and may impose conditions for
obtaining, continuing to hold and renewing the permit, including
requiring the submission of plans;
AND WHEREAS Section 7.1(1) of the Fire Protection and
Prevention Act, L997, S.O, 1997, c.4, as amended, provides that a
municipality may pass by-laws regulating fire prevention, including the
prevention of the spreading of fires;
AND WHEREAS it is deemed expedient and appropriate to
regulate the sale and use of fireworks within the limits of the City of
Sarnia;
NOW THEREFORE the Municipal Council of The Corporation of the
City of Sarnia enacts as follows:
1. Definitions:
a) "Act" means the Explosives Act, Revised Statutes of Canada,
1985, Chapter E-L7, and the Regulations enacted thereunder as
amended from time to time or any Act and Regulations enacted
in substitution thereof.
b) *Chief Fire Official" means the Chief of the Fire Department of
the City of Sarnia and includes the Deputy Chief, the Chief Fire
Prevention Officer, and all Platoon Chiefs.
c) "Consumer (Recreation) FÍreworks" means an outdoor, low
hazard, recreational firework that is classed F.1 (Class 7.2.t) under
the Act, and includes fireworks showers, fountains, golden rain,
lawn lights, pin wheels, Roman candles, volcanoes, and sparklers
but does not include Christmas crackers and caps for toy guns
containing not in excess of twenty-five one-hundredths of a grain
of explosive used per cap.
d) "Discharge" means fire, ignite, set off fireworks.
e) "Display (Performance) Fireworks" means an outdoor, high
hazard, recreational fÍrework that is classed F.2 (Class 7.2.2) 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 Fireworks Manual" means the document published
by Natural Resources Canada in 2010, second edition.
g) "Enforcement Officer" means any individual listed in the City
of Sarnia Municipal Law Enforcement Officers By-Law B0 of 20t4,
as amended
h) "Firecracker" means a pyrotechnic device that explodes when
ignited and does not make any subsequent display or physical
effect after the explosion, and includes those that are part of a
display.
i) "Fireworks" means Consumer (Recreation) Fireworks and Display
(Performance) Fireworks.
j) "Fireworks Display" means a Private Display or a Public Display.
k) "Fireworks Display Permit" means a permit duly signed by the
Chief Fire Official for the use of approved Fireworks.
l) "Fireworks Supervisor" means a person who is an approved
purchaser of Display (Performance) Fireworks and who is qualified
and registered in accordance with the Act and its regulations to
supervise the discharge of Display (Performance) Fireworks.
m) "Permitted Selling Day" the day fixed for observance of Victoria
Day, the first day of July, a Special Occasion Day, and the seven
(7) days preceding each of the foregoing days.
n) "Permitted Use Day" the day fixed for observance of Victoria
Day, the first day of July, a Special Occasion Day, and the one (1)
day prior to and one (1) day following each of the foregoing days.
o) "Private Display" means a display held on private property, not
open to the public at large, and includes display of fireworks
intended for a community or neighbourhood contiguous to the
private property.
p) "Prohibited Fireworks" means items included in Appendix 6 of
the Display Fireworks Manual, and include:
(i)Violent effects
. M-80 Salutes
. Silver Salutes
. Cherry Bombs
. Flashcrackers
(ii)Joke effects
.
Cigarette Loads or Plugs
o
Exploding Golf Balls
.
Sparkling or Exploding Matches
(iii) M iscel la neous effects
.
Table Rockets and Bottle Rockets
.
Champagne Party Poppers
.
Throw-Down Torpedos, Snap Caps, Cracker Balls
.
Sprite Bombs
as well as "sky lanterns", and firecrackers. "Sky Lanterns" can
seriously burn people and animals, and cannot be controlled once
released.
q) "PublÍc Display" means a display of fireworks in a public place or
other location approved by the Chief Fire Official, under a Fireworks
Display Permit issued pursuant to Section 5 herein, and does not
include a "Private Display" as herein defined.
r) "Regulations for a Private Display" means regulations
pertaining to the sale and discharging of fireworks for a Private
Display.
s) "Sell" means offer for sale, or possess for the purpose of sale.
t) "Special Occasion Day" shall be a date declared by the Chief Fire
Official in writing and advertised in local media for the purposes of
Permitted Selling Day(s) and Permitted Use Day(s) as a date of
general interest to the citizens of Sarnia whereby celebrations
involving fireworks are reasonably anticipated so as to require the
retail sale of fireworks.
u) "Temporary sales location" means a trailer or other venue
temporarily set up for the sole purpose of the sale of fireworks.
No Person Shall:
a) sell any fireworks to any person under the age of eighteen (18)
years;
b) sell by retail, or display for sale, any fireworks on any day other
than a Permitted Selling Day.
. a) All firework vendors shall:
i. be satisfied the purchaser is over the age of eighteen (18) years;
ii. ensure that "lots" or "bins" of fireworks displayed for sale do not
exceed twenty-five (25) kilograms, and are not exposed to direct
sunlight;
ii¡.
ensure that smoking in the premises is absolutely prohibited,
and "No Smoking" signs shall be posted in conspicuous locations
at the entrance and throughout the premises;
ensure that a 2A-108C rated portable fire extinguisher is
available in the premises;
supply to every purchaser for Private Display a copy
of the Regulations for a Private Display; and
vi
iv
V
comply with the regulations and requirements under the Act,
including but not limited to the requirement of offering each
buyer a copy of the table diagram found under Part 16 of the
Act.
. b) Where the premises from which the fireworks will be sold is
a temporary sales location, the firework vendor shall comply
with the following:
the unit shall be located at a safe distance from parking areas,
public roadways, railways, occupied buildings and dwellings, and
any other area which the Chief Fire Official may deem
vulnerable;
pylons, snow fence or other suitable demarcation shall be used
to establish a "no encroachment zorìe" to a distance of sixty
(60) feet from the trailer with respect to roads, parking and
similar uses; and to a distance of one hundred twenty (120)
feet from the trailer with respect to occupied buildings,
dwellings and gas stations;
t.
ilt.
"No Smoking" signs shall be posted at the approach to the
trailer, and an employee at the entrance to enforce the "No
Smoking" prohibition;
the number of purchasers permitted therein at any one time
does not exceed fifteen (15); and
tv,
v.
2A-10 B.C. rated fire extinguisher shall be available in or
immediately beside the premises.
No person shall:
a) discharge any Prohibited Fireworks;
b) discharge any Fireworks in any highway, street, alley, park, or
other public place, unless approved by Fireworks Display Permit
duly issued by the Chief Fire Official;
c) discharge Consumer (Recreation) Fireworks anywhere in the City
of Sarnia except as part of a Private Display;
d) discharge any Fireworks on any day other than from dusk to
11:00 pm on a Permitted Use Day;
e) hold a Public Display without first having obtained a Fireworks
Display Permit, duly signed by the Chief Fire Official.
The Chief Fire Official may:
a) issue a Fireworks Display Permit for a Public Display
to any person over the age of eighteen (18), upon such terms
and conditions as the Chief Fire Official deems necessary to
ensure public safety.
b) revoke a Fireworks Display Permit issued under this By-Law in
the event of non-compliance with the provisions of this
By-Law, or in the opinion of the Chief Fire Official a public
safety concern exists.
Delegation
The Municipal Council of The Corporation of the City of Sarnia hereby
delegates the authority to the Enforcement Officer to enforce this By-
Law as set out herein to.
Indemnity and Insurance
Every permit holder holding a Fireworks Display Permit and firework
vendor shall indemnify and save harmless The Corporation of the City
of Sarnia from any and all claims, demands, causes of action, loss,
costs or damages that The Corporation of the City of Sarnia may
suffer, incur, or be liable for, resulting, directly or indirectly, from the
performance or non-performance of the permit holder or firework
vendor, as applicable, as set out in this By-Law.
Every applicant for a Fireworks Display Permit shall provide and
maintain Commercial General Liability insurance subject to limits of
not less than $5,000,000 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 for the Fireworks
Display Permit and shall name The Corporation of the City of Sarnia as
an additional insured thereunder. Such insurance shall include
permission to conduct displays of Fireworks. Such insurance policy
shall contain an endorsement to provide The Corporation of the City of
Sarnia with (30) days prior written notice of cancellation or of a
material change that would diminish coverage, and a Certificate of
Insurance evidencing such insurance coverage shall be provided to The
Corporation of the City of Sarnia prior to the issuance of a permit.
Contravention
a)
Every person who contravenes any provisíon of this bylaw is
guilty of an offence and upon conviction is liable to a fine as
provided for by the Provincial Offences Act, R.S.O. 1990,
Chapter P.33, as amended.
b)
Every person who contravenes any provision of this By-Law is
guilty of an offence as provided for in subsection 429(1) of the
Municipal Act,2OO1, ("Municipal Act") and all such offences are
designated as continuing offences as provided for in subsection
429(2)(a) of the Municipal Act.
c)
A person who is convicted of an offence under this by-law is
liable, for each day or part of a day that the offence continues,
a minimum fine not exceeding $500.00 and a maximum fíne
not exceeding $10,000.00 and the total of all daily fines for the
offence is not limited to $100,000.00 as provided for in
subsection 429(3)2. of the Act.
d)
When a person has been convicted of an offence under this by-
law, the Superior Court of Justice, or any court of competent
jurisdiction, thereafter may, in addition to any penalty imposed on
the person convicted, issue an order:
i. prohibiting the continuation or repetition of the offence by the
person convicted; and,
¡¡. requiring the person convicted to correct the contravention in
the manner and within the period that the court considers
appropriate.
.
Right of Entry
For the purpose of ensuring compliance with the provisions of this By-
Law an Enforcement Officer may, at all reasonable times, enter upon
and inspect any property to determine compliance to this By-Law or an
order made under the authority of this By-Law.
O. Administration
If a person is found to have contravened any of the provisions of this
by-law, the City may issue a notice to the person to remedy the
contravention setting out the reasonable particulars of the
contravention, the location of the land on which the contravention
occurred, and the date by which there must be compliance with the
notice.
Every person to whom a notice is issued under this by-law shall
comply with the notice within the time set in the notice.
Where any act or thing required to be done in accordance with this by-
law is not done, the City may cause the matter or thing to be done and
shall recover the costs of so doing by adding the costs to the tax roll of
the property and collecting them in the same manner and with the
same priority as municipal taxes
Repeal
This By-Law repeals By-Law Number 59 of 1999 and By-Law Number
138 of 2OO2 of the City of Sarnia.
I
2. Short title
The short title of this By-Law is the "Fireworks By-Law".
3. Force and Effect
This By-Law comes into force and effect upon being finally passed,
4. Severability
If a court or tribunal of competent jurisdiction declares any portion of
this By-Law to be illegal or unenforceable, that portion of this By-Law
will be considered to be severed from the balance of the By-Law,
which will continue to operate in full force.
By-Law Read a First, Second and Third time this 27 day of June,
2022.
Mike Bradley
Mayor
Amy Burkhart
City Clerk