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The Corporation of the Municipality of South Huron
By-Law 37- 2004
A By-Law to regulate the display and discharge of fireworks
Office Consolidation
This by-law is printed under and by authority
of the Council of the Municipality of South Huron
Disclaimer:
The following consolidation is an electronic reproduction made available for information only. It
is not an official version of the by-law. The format may be different, and plans, pictures, other
graphics or text may be missing or altered. The Municipality of South Huron does not warrant
the accuracy of this electronic version. This consolidation cannot be distributed or used for
commercial purposes. It may be used for other purposes only if you repeat this disclaimer and
the notice of copyright. Official versions of all by-laws can be obtained from the Clerk's
Department by calling 519-235-0310.
The Corporation of the Municipality of South Huron
By-Law 37- 2004
"Being a By-law to regulate the display and discharge of fireworks in the
Municipality of South Huron"
Whereas the Municipal Act S.O. 2001, as amended, c. 25, s. 121 (1) provides that a
local municipality may prohibit and regulate the sale of fireworks and the setting off of fireworks,
and under s. 121 (2) provides that a by-law under subsection (1) may prohibit the activities
described in that subsection unless a permit is obtained from the municipality for those activities
and may impose conditions for obtaining, continuing to hold and renewing the permit, including
requiring the submission of plans;
And Whereas the Municipal Act S.O. 2001, as amended, c. 25, s. 130 provides that a
municipality may regulate matters not specifically provided for by this Act or any other Act for
purposes related to the health, safety and well-being of the inhabitants of the municipality;
Now Therefore, Council of the Corporation of the Municipality of South Huron enacts as
follows:
Part 1 - Definitions
For the purpose of this By-law, the following definitions shall apply:
1.1
"Fireworks Composition" shall mean any chemical compound or mechanically mixed
preparation of any explosive or inflammable nature that is used for the purpose of
making any manufactured fireworks and is not included in any other class of explosives,
and includes any star or coloured fire composition that is not manufactured fireworks.
1.2
"Manufactured Fireworks" shall mean explosives of any class and any fireworks
composition that is enclosed in any case or contrivance, or is otherwise manufactured or
adapted for the production of pyrotechnic efforts, pyrotechnic signals or sound signals.
Part 2 - General Provisions
2.1
No person in the Municipality of South Huron shall sell or give any type of fireworks to
any individual under the age of 18 years.
2.2
No person in the Municipality of South Huron shall display for sale any type of fireworks
with the exception of lots amounting to less than 22.68 kilograms gross weight (50
pounds gross weight);
2.3
No person in the Municipality of South Huron shall display any type of fireworks for sale
unless the contents are enclosed in a package, glass case or other suitable receptacle,
and are stored in an area away from any other flammable goods;
2.4
No person in the Municipality of South Huron shall display any type of fireworks for sale
unless the fireworks display is placed in an area that is not exposed to the rays of the
sun or to excess heat from any source.
2.5
No person in the Municipality of South Huron shall display or sell any type of fireworks
except during that period of time between May 1 and July 10 of each year for the
purpose of Victoria Day and Canada Day celebrations.
2.6
No person in the Municipality of South Huron under the age of 18 years shall set off any
type of fireworks.
2.7
No person in the Municipality of South Huron shall discharge any type of fireworks at any
time on any day other than between dusk and 11 p.m. local time on the days upon which
Victoria Day and Canada Day are celebrated.
Part 3 - General Prohibitions
3.1
Notwithstanding any other provisions of this by-law, no person shall offer for sale, or sell
firecrackers or bangers in the Municipality of South Huron.
3.2
Notwithstanding any other provisions of this by-law no person in the Municipality of
South Huron shall set off or discharge firecrackers or bangers within the Municipality of
South Huron.
3.3
No person in the Municipality of South Huron shall display any type of fireworks in any
store window or outside the perimeter of the store's exterior walls.
Part 4 - Fireworks Show Permission
4.1
Notwithstanding the provisions of this by-law, any established group, association, or
organization in the Municipality of South Huron may hold a fireworks show, subject to
permission from the Municipality of South Huron Fire Chief according to those provisions
set out in Sections 4.2 and 4.3 of this by-law.
4.2
Applications for Fireworks Show Permission shall be in writing addressed to the
Municipality of South Huron Fire Chief and shall specify:
a)
the name and address of the applicant
b)
full particulars of the applicant's qualifications for setting off fireworks.
c)
the date of the fireworks show
d)
location of the fireworks show demonstrating that there will be no danger to
adjacent properties, highways, or persons using same.
e)
the name, qualification, and experience of the person to discharge the fireworks,
who shall be a pyrotechnical expert, and/or possess a recognized Fireworks
Supervisor Certificate as approved by the Ministry of Energy, Mines and
Resources, Canada.
4.3
The fireworks show shall be held between dusk and 11:00 p.m., local time, on the day
for which Permission is issued unless the Permission specifies an accepted alternative
show time.
4.4
Notwithstanding the provisions of this by-law, the Municipality of South Huron may hold
a special fireworks show to commemorate a national or civic holiday or celebration, on
the condition that each show is conducted by a pyrotechnical expert under the
supervision and control of the Municipality of South Huron Fire Chief.
Part 5 - Enforcement
5.1
Every person who contravenes any provision of this by-law is guilty of an offence and on
conviction thereof is liable to a fine as provided for in the Provincial Offences Act.
5.2
All penalties imposed by a judicial official are recoverable under the provisions of the
Provincial Offences Act together with such costs and expenses as are imposed there
under.
5.3
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, and such order shall be in addition to any other penalty
imposed on the person convicted.
Part 6 - Repeal and Enactment
6.1
That By-law #24-1999 of the former Town of Exeter is hereby repealed.
6.2
This by-law shall come into force as of the date of final passing.
Read a first time and second time
June 7, 2004.
Read a third time and finally passed June 7, 2004.
Original Signed By:
Robert Morley, Mayor
Sandra Strang, Clerk