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THE CORPORATION OF THE CITY OF WELLAND
BY-LAW NUMBER 2003 - 127
BEING A BY-LAW FOR PROHIBITING AND REGULATING THE
SALE OF FIREWORKS AND THE SETTING OFF OF FIREWORKS
AND TO REPEAL BY-LAWS 5385 AND 7543
WHEREAS Subsection 121.(1) of the Municipal Act, 2001, S.O. 2001,
Chapter 25, as amended provides that a local municipality may prohibit and regulate the sale
of fireworks and the setting off of fireworks;
AND WHEREAS Subsection 121.(2) of the Municipal Act, 2001, S.O. 2001,
Chapter 25, as amended provides that a By-law passed 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 Section 128 of the Municipal Act, 2001, S.O. 2001, Chapter
25, as amended provides that a local municipality may prohibit and regulate with respect to
public nuisances, including matters that, in the opinion of Council, are or could become public
nuisances; and the opinion of Council with respect to public nuisances, if arrived at in good
faith, is not subject to review by any court;
AND WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, Chapter
24, as amended provides that a municipality may prohibit and regulate with respect to noise;
AND WHEREAS Section 130 of the Municipal Act, 2001, S.O. 2001, Chapter
25, as amended provides that a municipality may regulate matters not specifically provided for
by the Municipal Act or any other Act for purposes related to the health safety and well-being
of the inhabitants of the municipality;
AND WHEREAS Section 427 of the Municipal Act, 2001, S.O. 2001, Chapter
25, as amended provides that where a municipality has the authority by By-law to direct or
require that a matter or thing be done, the municipality may in the same or another By-law
direct that, in default of it being done by the person directed or required to do so, such matter
or thing shall be done at the person's expense and the municipality may recover the costs by
action or by adding the costs to the tax roll and collecting them in the same manner as taxes;
AND WHEREAS it is the desire of the Council of the Corporation of the City
of Welland to regulate the sale and setting off of fireworks with a view to ensuring the safety of
the public in respect to the sale and setting off of fireworks;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY
OF WELLAND ENACTS AS FOLLOWS:
2
SECTION 1
SHORT TITLE
1.1
This By-law may be cited as "The Fireworks By-law"
SECTION 2
SCOPE
2.1
The provisions of this By-law shall be applicable on all lands and properties
within the limits of the Corporation of the City of Welland.
2.2
This By-law shall be considered separate from the Explosives Act and
Explosives Regulations and passage of this By-law does not mean the City or
By-law Enforcement Officer is responsible for any aspect of enforcement of
the Explosives Act or Explosives Regulations, which is the sole responsibility
of the Federal Government of Canada.
2.3
By-law Exemptions
2.3.1
This By-law does not apply to the Federal Government of Canada, the
Province of Ontario, the Regional Municipality of Niagara, the City of
Welland, or any public utility or local board as described in Section
5.16 (b) of Zoning By-law 2667 of the City of Welland, however it does
apply to land, buildings and undertakings not managed directly by
such governments and agencies.
SECTION 3
DEFINITIONS
3.1
In this By-law,
3.1.1
Definitions in the Zoning By-laws of the City shall be used with respect
to matters pertaining to use and which are undefined in this By-law.
3.1 .2
Definitions in the Building Code Act and the Building Code shall be
used with respect to matters pertaining to buildings and which are
undefined in this By-law.
3.1.3
Definitions in the Explosives Act and the Explosives Regulations shall
be used with respect to matters pertaining to fireworks which are
undefined in this By-law.
3.1.4
"Applicant" means the applicant for a Permit required by this By-law;
3.1.5
"Authority Having Jurisdiction" means the Fire Chief.
3.1.6
"By-law Enforcement Officer" means a Law Enforcement Officer
appointed by the City for enforcement of its regulatory By-laws or the
Fire Chief or the Chief Building Official or other person appointed or
otherwise delegated the authority for enforcement of this By-law.
3.1.7
"City" means the Corporation of the City of Welland and includes all
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land and properties within its limits.
3.1 .8
"City Property" means any property owned by the City including
parkland, buildings and lands, vacant land, pathways, streets,
opened and unopened road allowances.
3.1 .9
"Council" means the Council of the Corporation of the City of
Welland.
3.1 .10 "Container" means a container described in the Explosives
Regulations as a box or other suitable receptacle that may be placed
inside a building; and
-
is kept in a part of the premises away from inflammable goods;
-
is provided with a closely-fitting lid and kept securely closed and
locked except when the container is required to be open for the
receipt or issue of fireworks, or for other necessary purpose;
-
not used for any other purpose other than the keeping of
fireworks;
-
the interior of the container is kept scrupulously clean;
-
the container shall have the word "FIREWORKS" conspicuously
displayed thereon on a contrasting background.
3.1.11 Display Fireworks Manual" means the latest edition manual produced
by The Explosive Regulatory Division of the Department of Natural
Resources Canada and published under Section 7 of The Explosives
Act.
3.1.12 "Explosives Act" means the Explosives Act, revised Statues of
Canada 1990, Chapter E-15.
3.1 .13 "Explosives Regulations" means regulations made under the
Explosives Act.
3.1 .14 "Fire Chief" means a the Fire Chief appointed by the City
for
purposes described in the Fire Protection and Prevention Act or
his/her designate.
3.1 .15 "Firecracker"
means
a
high
hazard
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 for toy guns.
3.1.16 "Fireworks" means Class 7 Division 2 Subdivisions 1 to 5 inclusive
4
SECTION4
4.1
4.2
fireworks as defined in the Explosives Regulations.
3.1.17 "Fireworks Supervisor" means a person certified by the Minister to
conduct a Display Fireworks show as a Level 1 or Level 2 Fireworks
Supervisor.
3.1 .18 "High Hazard Fireworks" means fireworks determined under the
Explosives Regulations to present a special hazard to persons,
including Class 7 Division 2 Subdivisions 2 and 5 fireworks.
3.1 .19 "License or Certificate" means written approval from the Federal
Minister responsible for enforcement of the Explosives Act.
3.1.20 "Low Hazard Fireworks" means fireworks determined under the
Explosives Regulations to be relatively innocuous themselves and
are not liable to explode violently or all at once, and including Class 7
Division 2 Subdivisions 1, 3, and 4 fireworks.
3.1 .21 "Minister'' means the Minister of Natural Resources Canada or other
Federal Minister and persons assigned the responsibility for
enforcement of the Explosives Act and Explosives Regulations.
3.1 .22 "Owner" means the building or property owner or other person in
control of the building or property from which the subject fireworks
are used, sold or set off or proposed to be used, sold or set off.
3.1.23 "Operator" includes the owner, manager or person in charge of the
fireworks and includes a Fireworks Supervisor.
3.1.24 "Permit" means written permission or written authorization from the
Fire Chief to set off fireworks in accordance with this By-law and the
Display Fireworks Manual.
3.1 .25 "Residential Lands or District" means property actually used for
residential purposes.
3.1.26 "Street" means a highway, road, or other public right-of-way as
defined by "The Highway Traffic Act" and "The Municipal Act" but
does not include a private lane or an unopened road allowance.
FIREWORKS CLASSIFICATION
Fireworks regulated by this By-law include Class 7 Division 2 Fireworks
described in the Explosives Regulations as manufactured fireworks.
Fireworks not regulated by this By-law include Class 7 Division 1 Fireworks
described in the Explosives Regulations as fireworks composition which are
regulated by the Explosives Act.
5
4.3
Low Hazard Fireworks
4.3.1
"Consumer Fireworks" are Low Hazard outdoor recreational fireworks
described as Class 7 Division 2 Subdivision 1 in the Explosives
Regulations including but not limited to the following:
-
showers;
-
fountains;
-
golden rain;
-
lawn lights;
-
pin wheels;
-
Roman candles;
-
Volcanoes;
-
Sparklers;
-
Christmas crackers;
-
caps for toy guns.
4.3.2
"Model Rockets" are Low Hazard outdoor fireworks described as
Class 7 Division 2 Subdivision 3 in the Explosive Regulations and
include model rocket engines (toy propellant devices) containing a
propellant the total impulse of which does not exceed 80 Newton
seconds (17.92 pound-seconds) and does not exceed a net
propellant weight of 125 grams (approximately four ounces).
4.3.3
"Low Hazard Practical Use Fireworks" are Low Hazard outdoor
fireworks described as Class 7 Division 2 Subdivision 4 in the
Explosives Regulations generally having a small practical use
including small highway flares, fuses and other small distress signals.
4.4
High Hazard Fireworks
4.4.1
"Display Fireworks" are High Hazard outdoor recreational fireworks
described as Class 7 Division 2 Subdivision 2 in the Explosives
Regulations and include both public and private display fireworks
including but not limited to the following:
-
rockets;
-
serpents;
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-
shells;
-
bombshells;
-
tourbillions;
-
maroons;
-
large wheels;
-
bouquets;
-
barrages;
-
bombardos;
-
waterfalls;
-
fountains;
-
batteries;
-
illumination;
-
set pieces;
-
pigeons;
-
firecrackers;
-
mines;
and further classified as follows with respect to the height of the
display:
-
High Level for heights of 50 metres or more above grade;
-
Low Level for heights of 15 metres to 50 metres above grade; or
-
Ground Level for heights of less than 15 metres above grade.
4.4.2
"Pyrotechnic Special Effect Fireworks" are High Hazard fireworks
described as Class 7 Division 2 Subdivision 5 in the Explosives
Regulations such as the firing of pyrotechnic, propellant, and
explosive materials and devices used by the entertainment industry
for indoor and outdoor performances including but not limited to the
following:
7
SECTIONS
5.1
-
bullet effects;
-
flash powders;
-
smoke compositions;
-
gerbs;
-
lances;
-
saxons;
-
theatrical effects.
4.4.3
"High Hazard Practical Use Fireworks" are High Hazard outdoor
fireworks described as Class 7 Division 2 Subdivision 5 in the
Explosives Regulations generally having a larger practical use
including railway track signals, line-throwing rockets, salutes, wildlife
control devices and other larger distress signals.
GENERAL PROVISIONS
General Regulations Applicable
5.1.1
Every owner, every operator and every Fireworks Supervisor required
to hold a license or certificate pursuant to the Explosives Act or
Explosives Regulations shall forthwith produce a copy of such license
or certificate to the By-law Enforcement Officer.
5.1.2
No person shall use, sell, set off, or cause to be used, sold or set off,
fireworks in the City except in accordance with the provisions of this
By-law.
5.1 .3
Except as provided in Section 8, no person shall use, sell, set off, or
cause to be used, sold or set off, fireworks located on City property.
5.1.4
Except as permitted in Section 6.3, no person shall set off, or cause
to be set off, fireworks unless a Permit has been issued by the Fire
Chief.
5.1.5
Every owner, every operator and every Fireworks Supervisor shall
ensure the provisions of this By-law are complied with.
5.1.6.
No person shall use, sell, purchase, set off, or cause to be used,
sold, purchased or set off fireworks manufactured using child labour.
5.1 .7.
Fireworks set off or discharged in conformance with this By-law shall
be deemed exempt from the City Noise By-law.
8
5.1 .8.
A licensed Fireworks Supervisor shall notify the By-law Enforcement
Officer and the Fire Chief of his or her intention to do business or
perform any action within the City which involves fireworks, prior to
undertaking the business or action.
5.2
Prohibitions
5.2.1
The following fireworks are hereby prohibited by this By-law and
unauthorized by the Explosives Act:
(a)
Violent effects:
-
M-80 salutes;
-
silver salutes;
-
cherry bombs;
-
firecrackers;
-
flashcrackers .
(b}
Joke effects:
-
cigarette loads or plugs;
-
exploding golf balls;
-
sparkling or exploding matches .
(c)
Miscellaneous effects:
-
table rockets and bottle rockets;
-
champagne party poppers;
-
throw-down torpedoes, snap caps, cracker balls .
(d)
Any fireworks not included in Part 3 of the List of Authorized
Explosives published by the Explosives Regulatory Division.
5.2.2.
Pyrotechnic Special Effects Fireworks are deemed a public nuisance
and hereby prohibited by this By-law.
5.2.3
No person shall use, sell, set off or store or cause to be used, sold,
set off, or stored prohibited fireworks within the City.
5.3
General Location Restrictions for Public Safety
9
5.3.1
Fireworks, which, in the opinion of the City Engineer or designate,
may by reason of size, location, content, colouring or manner of
illumination obstruct or interfere with the visibility or effectiveness of
any motorist or pedestrian, are hereby prohibited.
5.3.2
Fireworks obstructing or interfering with the intended operation of any
public utility, traffic control, fire route or building health/safety system,
are hereby prohibited.
SECTIONS
PERMITS, INSPECTIONS, AND FEES
6.1
Permit Requirements
6.1.1
Every applicant for a Permit shall submit to the office of the Fire
Chief, a written and signed Application, on a form developed from
time to time by the Fire Department, at least 14 days in advance of
each event proposed for Display Fireworks, along with 2 copies of a
site location plan drawn to scale showing in detail the kind and
character of fireworks proposed to be stored and set off together with
the actual dimensions and weight thereof and the manner in which it
is proposed to be used, stored and set off. The site location plan
shall indicate the information specified for a site plan in the Display
Fireworks Manual. The Fire Chief may require additional information
where he/she deems necessary. Upon the requirements of this By
law being complied with, and upon payment of the fees hereinafter
imposed, the Fire Chief may grant the necessary Permit.
6.1.2
Prior to issuance of a Permit for Display Fireworks, the City will
require a security deposit equivalent to the Permit Application fee in
the form of cash, certified cheque, or Letter of Credit satisfactory to
the City Treasurer, to be used by the City as security to pay for costs
incurred by the City as a result of non-compliance with this By-law or
to remediate the site or adjacent properties after completion of the
event, as described in Section 9. At completion of the event and
upon compliance with this By-law including Subsection 7.4.11, the
City shall return the deposit.
6.1.3
If a License or Certificate or other form of approval is required from
the Federal Minister responsible for enforcement of the Explosives
Act, the Fire Chief will require proof of such License, Certificate or
other approval be submitted in writing prior to issuance of the City
Permit.
6.1.4
The Permit may be issued subject to such terms and conditions the
Fire Chief deems necessary to ensure compliance with this By-law
and the health and safety of the public.
6.1.5
A Permit issued for Display Fireworks shall be conditional on the
event being in compliance with the Display Fireworks Manual, latest
addition, or any part of Manual specified, published by the Explosives
10
Regulatory Division of the Department of Natural Resources Canada.
For purposes of the Manual, the Welland Fire Department is the
Authority Having Jurisdiction.
6.1.6
A Permit issued for Display Fireworks shall state the name of the
club, association or group to whom the Permit is issued; the name of
the executive officer or other person responsible; the place and date
upon which the display is to be held; the name and address of the
Fireworks Supervisor under whose supervision the event is to be
held; the manner in which unused fireworks are to be disposed of;
and the manner and means of restraining unauthorized persons from
attending within the danger zone or too close to the location where
the display is to be held.
6.1.7
Any Permit may be revoked by the Fire Chief without notice where:
(a) an owner, operator or Fireworks Supervisor fails to comply with
the requirements of this By-law;
(b) the Permit was issued on false or mistaken information or was
issued in error;
(c) the matter in respect of which the Permit was issued has not
been seriously commenced;
(d) an owner, operator or Fireworks Supervisor fails to comply with a
direction, instruction, or order of the Fire Chief given under
Subsection 6.4.
6.1.8
The issuance of a Permit under this By-law in no way constitutes
absolute permission to use, sell or set off fireworks. Enforcement of
regulations pursuant to the Explosives Act are the responsibility of
the Federal Government and outside of the jurisdiction of the City,
and it is the responsibility of the owner and operator to ensure all
applicable federal laws are complied with in addition to the
requirements of this By-law.
6.2
Permit Application Fees
6.2.1
No Application for Permit under this By-law shall be considered until
the Application fee described in Schedule "A" attached hereto has
been paid to the City.
6.3
Permit Exemptions
6.3.1
No Permit shall be required for the following provided their use
complies with this By-law and the Explosives Act and Regulations:
-
to set off or cause to be set off Consumer Fireworks or Model
Rockets;
11
6.4
SECTION7
7.1
-
to set off or cause to be set off Low Hazard or High Hazard
Practical Use Fireworks provided their use is necessary and not
for recreational or entertainment purposes.
Inspections
6.4.1
The Fireworks Supervisor shall notify the Fire Chief at least 24 hours
prior to the following stages of Display Fireworks:
(a) commencement of preparation of the site for Display Fireworks;
(b) completion of preparation of the site for Display Fireworks;
(c) commencement of the Display Fireworks show.
6.4.2
The Fire Chief shall inspect the Display Fireworks site, before, during
and after the display as deemed necessary, and may issue
directions, instructions, or orders to the Fireworks Supervisor, owner
or operator or any other person.
6.4.3
Upon receipt of directions, instructions or orders from the Fire Chief,
the Fireworks Supervisor, owner operator, or person shall comply
with the directions, instructions or orders.
SPECIFIC REGULATIONS
Sale of Fireworks
7.1.1
No person shall sell, offer for sale or purchase firecrackers or other
fireworks prohibited in this By-law.
7.1.2
No person shall sell, offer for sale or purchase fireworks unless
specifically permitted in this By-law, and licensed or authorized to do
so by the Minister, where so required.
7.1 .3
No person shall sell, offer for sale or purchase Consumer Fireworks
except on the following days:
-
Victoria Day;
-
the six days immediately preceding Victoria Day;
-
Canada Day, and
-
the six days immediately preceding Canada Day.
7.1.4
No person shall sell, offer for sale or purchase Display Fireworks
except in accordance with the Explosives Regulations, and only if a
copy of the authorizing regulation is submitted to the satisfaction of
12
the Fire Chief.
7.1.5
No person shall sell, give or distribute fireworks to any person under
the age of eighteen (18) years or who appears to be under the age of
eighteen (18) years and does not produce evidence that he or she is
eighteen (18) years of age or older.
7.2
Keeping, Display and Storage of Fireworks for Sale or for Setting Off
7.2.1
No person shall keep or permit to be kept any explosive other than
ammunition at the same location where fireworks are kept for sale.
7.2.2
Fireworks displayed in store windows and in locations accessible to
the public shall be mock samples only, and not contain explosive
composition.
7.2.3
Low Hazard Fireworks on display for sale shall be displayed:
-
in lots that do not exceed 25 kilograms (55 pounds) each in gross
weight;
-
in a package, glass case or other suitable receptacle away from
inflammable goods and not accessible to the public, and
-
in a place where they are not exposed to the rays of the sun or
excess heat.
7.2.4
Low Hazard Fireworks being stored for sale or future use, but not on
display, shall not exceed 100 kilograms (220 pounds) gross weight if
stored in a Container or 1000 kilograms (2200 pounds) gross weight
if stored in a separate store or warehouse as described in the
Explosives Regulations.
7.2.5
High Hazard Fireworks being stored for sale or future use, but not on
display, shall not exceed 25 kilograms (55 pounds) gross weight if
stored in a Container or 125 kilograms (275 pounds) gross weight if
stored in a separate store or warehouse as described in the
Explosives Regulations.
7.2.6
Low and High Hazard Fireworks being stored for sale or future use,
may exceed the weight and receptacle limitations in Subsection 7.2.4
and 7.2.5 if kept in a fireworks factory or magazine licensed and
authorized according to the Explosives Regulations.
7.2.7
Consumer Fireworks are prohibited from being stored for sale or
future use except during the 30 day period prior to any of the lawful
date(s) for the sale thereof and not longer than 30 days after the
lawful date(s) for sale thereof, unless stored by a licensed Fireworks
Supervisor and permitted in the Explosives Regulations.
13
7.2.8
Display Fireworks are prohibited from being stored for sale or future
use unless stored by a licensed Fireworks Supervisor and permitted
in the Explosives Regulations.
7.2.9
No person shall have in his or her possession within six (6) metres
(20 feet) of any fireworks kept or displayed for sale any:
-
lighted match;
-
lighted lighter;
-
lighted pipe;
-
lighted cigar;
-
lighted cigarette; or
-
other flame or heat source which may ignite fireworks.
7.2.1 O No person shall permit access to fireworks, unless there are
sufficient signs posted stating that the items listed in Subsection 7.2.8
are prohibited within six (6) metres (20 feet) of the fireworks.
7.2.11 A copy of this By-law must be posted on the premises where
Consumer Fireworks are sold during each of the lawful sales periods.
7.3
Setting Off or Discharge of Low Hazard Fireworks
7.3.1
No person shall set off or discharge or perm it the setting off or
discharge of Consumer Fireworks except on the following days:
-
Victoria Day;
-
the three days immediately preceding Victoria Day;
-
Canada Day; and
-
the three days immediately preceding Canada Day.
7.3.2
A person eighteen (18) years of age or over 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 written
permission for such a discharge of Consumer Fireworks.
7.3.3
No person shall use, discharge or set off, or permit to be used,
discharged or set off Low Hazard Fireworks in such a place or in
such a manner as might create a danger or constitute a nuisance to
any person or property.
14
7.3.4
No person shall use, discharge or set off, or permit to be used,
discharged or set off Low Hazard Fireworks in or into any building,
tent, structure, doorway, automobile or other place unless authorized
in writing by the Fire Chief and permitted by the Explosives
Regulations.
7.3.5
No person under the age of eighteen (18) years or who appears to be
under the age of eighteen (18) years and does not produce evidence
that he or she is eighteen (18) years of age or older shall use, handle,
discharge, set off or store Low Hazard Fireworks, unless under the
direct supervision of a person eighteen (18) years of age or older,
who has produced evidence that he or she is eighteen (18) years of
age or older.
7.3.6
No person being the parent or guardian of a child under the age of
eighteen (18) years or who appears to be under the age of eighteen
(18) years and does not produce evidence that he or she is eighteen
(18) years of age or older shall allow the child to use, handle,
discharge, set off or store Low Hazard Fireworks, unless such parent
or guardian of age eighteen (18) years or older, who has produced
evidence that he or she is eighteen (18) years of age or older is in
direct supervision and control of the child.
7.3.7
No person shall use, discharge or set off, or permit to be used,
discharged or set off Low Hazard Fireworks in an area containing
dead undergrowth, dry grass, highly flammable substances or any
other thing susceptible to combustion.
7.4
Setting Off or Discharge of High Hazard Fireworks
7.4.1
No person, owner, operator or Fireworks Supervisor shall set off or
discharge, or permit to be set off or discharged Display Fireworks
unless a Permit to do so has been issued by the Fire Chief.
7.4.2.
No person, owner, operator or Fireworks Supervisor shall set off or
discharge, or permit to be set off or discharged Display Fireworks
unless the Fire Chief has completed inspections required by
Subsection 6.4.1. and until all directions, instructions and orders
arising from such inspections have been complied with.
7.4.3.
Every Display Fireworks event shall be undertaken, planned,
conducted and executed under the direction of a Fireworks
Supervisor, who shall be responsible to ensure all requirements of
this By-law have been met prior to setting off any fireworks.
7.4.4.
Every Display Fireworks event shall be undertaken, planned,
conducted and executed in compliance with the Display Fireworks
Manual, latest edition, or any part of the Manual specified.
For
purposes of the Manual, the Welland Fire Department is the Authority
Having Jurisdiction.
15
7.4.5.
No person, owner, operator or Fireworks Supervisor shall set off or
discharge or permit to be set off or discharged Display Fireworks
where the firing point is less than the fallout and separation distance
from the public, structures, vehicles and overhead objects specified
in the Display Fireworks Manual or where the surface wind speed
exceeds 45 kilometres per hour (28 miles per hour).
7.4.6.
A danger zone with a 100 metre radius must be established around
the firing site for High Level Display Fireworks and a means of
identifying and restricting access to the danger zone such as security
personnel, barricades, delineators, barricades or fences must be
provided. No person shall enter or remain in the danger zone unless
authorized.
7.4.7
No person shall possess matches, cigarettes, spark producing
devices, alcohol or drugs or be under the influence of alcohol,
narcotics or medication within the danger zone.
7.4.8
A trial shot of at least one (1) large shell shall be fired in the presence
of the Fire Chief, ten (10) minutes before commencement of a
Display Fireworks show to check trajectory, wind effect and proper
location of the fallout zone.
7.4.9
No person, owner, operator or Fireworks Supervisor shall set off or
discharge or permit to be set off or discharged High Level Display
Fireworks unless all owners of property within 120 metres (394 feet)
of the firing point are notified of the event at least 48 hours before
commencement of the event by hand delivered card placed in their
mailbox. Such card will advise residents of the scope, nature and
time of the Display and list the Fireworks Supervisor's name and
telephone number to call for information concerning the display.
7.4.10 No person, owner, operator or Fireworks Supervisor shall set off or
discharge or permit to be set off or discharged High Level Display
Fireworks unless liability insurance has been obtained by the person,
owner or operator to the satisfaction of the City. The insurance policy
must be in the amount of $5,000,000.00 or greater and must list the
City as a co-insured. A certified copy of the policy must be submitted
to the City 5 days prior to the event.
7.4.11 The Fireworks Supervisor shall remove all unused fireworks and all
debris resulting from Display Fireworks from the property on which
the event was held and from any adjacent property affected no later
than 10:00 a.m. on the day following the event.
7.4.12 For Low Level Display Fireworks only, a danger zone of radius 45
metres and liability insurance of $2,000,000.00 will apply.
7.4.13 For Ground Level Display Fireworks only, a danger zone of radius 35
metres and liability insurance of $2,000,000.00 will apply.
11
7.5
SECTION 8
8.1
SECTIONS
9.1
9.2
9.3
9.4
9.5
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7.4.14 No person, owner, operator or Fireworks Supervisor shall set off or
discharge, or permit to be set off or discharged Display Fireworks
unless the fire and first aid equipment specified in the Display
Fireworks Manual is available at the event site, including a fire
blanket, eye wash, fire extinguishers and personal protection for all
crew members.
Exemptions for Caps and Model Rockets
7.5.1
Subsections 7.1.3, 7.1.5, 7.2.7, 7.3.1 7.3.5 and 7.3.6 do not apply to
caps for toy guns.
7.5.2
Subsections 7.1 .3, 7.1.5, 7.2.7, 7.3.1 , 7.3.5 and 7.3.6 do not apply to
Model Rockets, provided the requirements of Explosives Regulations
are complied with.
USE OF CITY PROPERTY
No person shall set off fireworks in or on or into any highway, street, lane,
square, park, Canal Lands or other City property unless authorized in writing
by Council.
REMOVAL AND REINSTATEMENT
Where an owner or person is in contravention of any provision of this By-law,
the City, in addition to any other action, may give or send notice to the owner
or person, requiring the property to be made to conform with this By-law. In
the event that a notice is given or sent and the property is not reinstated to
conform with the provisions of this By-law within the time period set out or
stated in the notice, the City, its employees, agent or contractor may enter
upon the land and remove such things or carry out the work required to make
the property comply with this By-law, and may charge any costs incurred for
such work to the owner or person.
Where the owner or person refuses to pay the costs incurred by the City in
Subsection 9.1, the City may recover the costs in accordance with Section
427 of the Municipal Act.
Any notice given under this By-law may be given by ordinary mail to the
owner or person according to the last revised Assessment Roll of the
property which does not comply with this By-law.
The City, its employees, agent or contractor may, without notice, remove any
thing which contravenes this By-law and the cost of removal may be charged
to the owner or person as in Subsection 9.1 or recovered as in Subsection
9.2.
Any thing removed by this Section may be deposited elsewhere on the
property on which it is located, or may be stored by the City, its employees,
agent or contractor. Where a thing has been removed and stored, the owner
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or person may reclaim such thing upon payment to the City any costs
incurred by the City, its agent or contractor in the removal of such thing.
Where the thing has not been reclaimed within 30 days of its removal, such
thing may be forthwith destroyed or otherwise disposed of by the City, its
employees, agent or contractor.
SECTION 10
ADMINISTRATION, ENFORCEMENT AND RIGHT OF ACCESS
10.1
This By-law shall be administered and enforced by the City, the By-law
Enforcement Officer, Fire Chief or any person appointed or otherwise
delegated the authority of administration and enforcement.
10.2
The By-law Enforcement Officer may inspect any land, property, building or
structure at any time to determine if any section of this By-law is complied
with.
10.3
Notwithstanding Section 10.2, the By-law Enforcement Officer shall not enter
or remain in any room or place actually used as a dwelling unless the
provisions of Section 430 of the Municipal Act, 2001 are complied with.
SECTION 11
PENAL TIES
11.1
Every person who contravenes any provision of this By-law is guilty of an
offence and is liable upon conviction to a fine of not more than $5000, except
as otherwise expressly provided by law, according to Section 61 of the
Provincial Offences Act, R.S.O.1990.
SECTION 12
SCHEDULES
12.1
Schedule "A" attached hereto shall be read with and form part of the By-law.
SECTION 13
VALIDITY
13.1
Should any section, clause or provision of this By-law be held by a court of
competent jurisdiction to be invalid, the validity of the remainder of the By-law
shall not be affected.
13.2
Nothing in the Explosives Act relieves any person of the obligation to comply
with this By-law as stated in section 29 of the Explosives Act.
SECTION 14
REPEAL OF OTHER BY-LAWS
14.1
By-laws 5385 and 7543 be and the same are hereby repealed.
SECTION 15
EFFECTIVE DATE
15.1
This By-law shall come into force and take effect on
thereof.
the date of passing
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READ A FIRST, SECOND AND THIRD TIME AND PASSED BY COUNCIL THIS 12TH DAY
OF AUGUST, 2003.
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SCHEDULE "A"
BY-LAW NUMBER 2003-127
PERMIT APPLICATION FEES FOR DISPLAY FIREWORKS
Permit Application Fee for every Display Fireworks event
$260.00
NEW RATE EFFECTIVE April 1, 2015 (per By-law 2015-18)
Permit Application Fee for every Display Fireworks event
$270.00
Note:
Permit Application fees under this By-law are non-refundable, except where
an event is cancelled by the applicant for Permit prior to any inspection by the
Fire Chief, a refund of 60% of the Permit Application fee will be granted.
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January 1, 2021 (By-law 2020-131)
$322.00