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By-law 2011/47 To regulate the sale and use of fireworks Page 1
THE CORPORATION OF THE MUNICIPALITY OF WEST NIPISSING
BY-LAW 2011/47
BEING A BY-LAW TO REGULATE THE SALE AND USE OF
FIREWORKS IN THE MUNICIPALITY OF WEST NIPISSING
WHEREAS the Council for the Municipality of West Nipissing deems it advisable to enact a By-
law regulating the sale and setting-off of fireworks;
NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF WEST NIPISSING ENACTS
AS FOLLOWS:
1.
INTERPRETATION
In this By-law:
a)
'By-law Enforcement Officer' means a member of the West Nipissing Police
Services, or any other person appointed by the Council for the Municipality of West
Nipissing, for the enforcement of municipal by-laws, including this By-law;
b)
'Discharge' means to light, fire or set off firecrackers or fireworks;
c)
'Display' means the setting of or firing of a series of exhibition fireworks in succession,
as a special event, for the purpose of putting on a show for the public, or for a segment
of the public, and whether or not an admission fee is charged;
d)
'Display permit' means a permit issued by the Fire Chief pursuant to this By-law to
permit the conduct of a display;
e)
'Exhibition fireworks' means a manufactured pyrotechnic device producing spectacular
effects of light or sound and which are of a nature not classed as shop goods under the
Explosives Act, R.S.C. 1985, c. E-17, as amended;
f)
'Family fireworks' means a pyrotechnic device producing quantities or effects of light,
sound or smoke by the combustion of explosive or flammable composition and includes
devices commonly known as firework showers, fountains, golden rain, lawn lights, pin
wheels, roman candles, sparklers, volcanoes and mines, but does not include:
i)
firecrackers; or
ii)
articles or devices not classed as shop goods under the Explosives Act;
g)
'Fire Chief' means the Fire Chief for the Municipality of West Nipissing and includes his
or her designate(s);
h)
'Firecracker' means a pyrotechnic device that explodes instantaneously when ignited
and does not make any subsequent display or visible effect after the explosion and
includes devices commonly known as Chinese firecrackers, but does not include paper
caps containing not more than an average of twenty-five one-hundredths (25/100) of a
grain of explosive per cap, or device for use with such caps;
i)
'Municipality' means the Municipality of West Nipissing;
j)
'Owner' means a person in lawful control of the property, building, or portion thereof
under consideration or his or her authorized agent, and includes an occupant;
k)
'Person" means an individual, a corporation, officers and directors of a corporation, a
partnership and a group or association.
2.
APPLICATION
This By-law shall apply to all persons in the Municipality of West Nipissing.
3.
SHORT TITLE
This By-law shall be known as the 'Fireworks by-law'.
By-law 2011/47 To regulate the sale and use of fireworks Page 2
4.
FIRECRACKERS
No person shall:
a)
sell or offer to sell firecrackers;
b)
give firecrackers away without charge;
c)
distribute firecrackers to another person or persons;
d)
discharge any firecrackers, or cause any firecrackers to be discharged; or
e)
have firecrackers in his or her possession.
5.
FAMILY FIREWORKS
1)
No person shall:
a)
sell, offer to sell, give away without charge or distribute fireworks to any person
under the age of 18 years.
2)
No person shall discharge any family fireworks or permit any other person to
discharge family fireworks unless the person:
a)
is at least 18 years of age;
b)
discharges the family fireworks between dusk and 11 o'clock in the evening;
c)
is an owner of the land on which the discharge of the family fireworks occurs; and
d)
ensures that all reasonable safety procedures are followed to prevent harm to
persons and to property.
3)
Despite subsection 5. ii) a), an owner of land on which family fireworks are being
discharged may permit a person under the age of 18 years to discharge family fireworks
provided that the minor is under the direct and constant supervision and control of a
person who is at least 18 years of age.
6.
EXHIBITION FIREWORKS
1)
No person shall:
a)
sell, offer for sale, give away without charge or distribute any exhibition fireworks
to any person:
i)
under the age of 18 years of age; or
ii)
over the age of 18 years of age unless that person is the holder of an
appropriate, valid and subsisting license under the Explosives Act.
2)
No person shall, or permit another person to:
a)
discharge exhibition fireworks unless that person so discharging the exhibition
fireworks:
i)
is over the age of 18 years of age;
ii)
holds an appropriate, valid and subsisting license under the Explosives
Act, to discharge exhibition fireworks; and
iii)
holds a current and valid display permit for that display issued by the
Fire Chief under this By-law;
b)
discharge exhibition fireworks except as part of a display for which a permit has
been issued by the Fire Chief under this By-law.
7.
PERMIT APPLICATION
1)
Any person who wishes to obtain an exhibition permit to hold a display shall apply in
writing to the Fire Chief, no later than one week prior to the date of the proposed display.
2)
The applicant for a display permit shall submit:
a)
an application in the form established by the Fire Chief from time to time and
signed by the applicant; and
b)
such supporting documentation, material and information as may be required by
the Fire Chief in his or her sole discretion.
3)
The Fire Chief shall review the application, supporting documentation and materials filed
with the application, and shall in his or her sole discretion:
a)
approve the application;
b)
approve the application subject to such restrictions, regulations or conditions as
the Fire Chief, in his or her sole discretion, considers advisable; or
c)
refuse to approve the application.
By-law 2011/47 To regulate the sale and use of fireworks Page 3
4)
The Fire Chief shall record on the face of a display permit before issuing the permit:
a)
the name of the applicant authorized to hold the display;
b)
the name of the certified pyrotechnic authorized to discharge the exhibition
fireworks;
c)
the date, time and place for which the display is approved, and
d)
that the permit is subject to compliance with:
i)
the information in the application, and the documentation and material
submitted as part of the application process;
ii)
regulations and guidelines established by the Fire Chief from time to time
for the holding of a display; and
iii)
any restrictions, regulations or conditions imposed by the Fire Chief as a
condition of approval of the display permit.
5)
The Fire Chief shall issue a display permit by signing it and releasing it to the permit
holder.
6)
In the event that the proposed display will be part of a special event or special occasion
for which a special event or special occasion permit must be issued by the Municipality,
nothing herein shall require the person to apply for a display permit separately from the
special event or special occasion permit required by the Municipality, and the
documentation may be processed jointly.
8.
OBLIGATIONS OF PERMIT HOLDER
a)
The holder of a display permit shall:
i)
ensure that all reasonable safety procedures are followed to prevent harm to
persons and to property.
ii)
have possession of the display permit at the site of the display and produce it
for examination upon request by the Fire Chief or by any By-law Enforcement
Officer; and
iii)
ensure that the site of the display and surrounding lands are cleared of debris
resulting from the holding of the display and restored to their original condition
within 24 hours of the holding of the display.
9.
PERSONAL PERMIT
a)
Any permit for display issued by the Fire Chief is personal to the permit holder, and shall
not be transferred or assigned.
b)
No person shall enjoy a vested right in the continuance of a permit and whether issued,
renewed, expired, revoked or otherwise terminated, the display permit and any value of
the display permit shall remain the property of the Municipality.
c)
Any person who holds a permit shall surrender it to the Fire Chief or a By-law
Enforcement Officer in the event that the display permit is revoked.
d)
No person who holds a permit shall hold a display of exhibition fireworks other than on
the day and at the place specified in the display permit.
10.
REVOCATION
a)
The Fire Chief may, at any time, in his or her discretion, revoke the display permit for a
display if he or she reasonably believes that:
i)
any of the information in the application is not correct, and the information
provided affected his or her decision to issue the display permit;
ii)
the display will not be or is not being conducted in a fashion which observes all
reasonable safety precautions or is otherwise a risk to person or property; or
iii)
there are any other grounds to revoke which the Fire Chief, in his or her sole
discretion, considers sufficient in the circumstances.
b)
Every display permit shall be automatically revoked without further action by the Fire
Chief in the event that a restricted fire zone is declared under the Forest Fires
Prevention Act, R.S.O. 1990, c. F.24, as amended, which affects the Municipality or the
part of the Municipality in which the display authorized by the display permit was to take
place.
By-law 2011/47 To regulate the sale and use of fireworks Page 4
11.
PAPER CAPS
Nothing in this By-law shall prohibit a person from selling or offering to sell paper caps
which contain no more than twenty-five one-hundredths (25/100) of a grain of explosive
content per cap, or toy pistols, toy cannons or toy guns for the use of such caps.
12.
GENERAL
a)
Nothing herein shall be deemed to authorize any person to sell or discharge any family
fireworks or exhibition fireworks or perform any act which is not otherwise permitted
under, or omit to do anything which is required under, the Explosives Act or other federal
or provincial legislation or regulation thereunder.
b)
In the event of any conflict between the provisions of this By-law and any federal or
provincial statute or regulation thereunder, the provisions of the said statute or regulation
shall govern.
c)
If any section or part of this By-law is found to be illegal or beyond the power of the
Municipality to enact, such section or part shall be deemed to be severable and all other
sections or ports of this By-law shall be deemed to be separate and independent
therefrom and to be enacted as such.
13.
ADMINISTRATION
This By-law shall be administered by the Fire Chief.
14.
PENALTY
Every person who contravenes any provision of this By-law is guilty of an offence and,
on conviction, is liable to a fine as provided for in the Provincial Offences Act, R.S.O.
1990, c. P33, as emended.
15.
ENFORCEMENT
This by-law shall be enforced by the Fire Chief and the West Nipissing Police Services
or by any other person appointed by the Council for the Municipality of West Nipissing,
for the enforcement of municipal by-laws.
16.
REPEAL
By-law no. 2002/66 is hereby repealed.
17.
This by-law shall come into force and effect immediately upon being adopted.
By-law 2011/47 To regulate the sale and use of fireworks Page 5
SCHEDULE 'A' TO BY-LAW 2011/47
BEING A BY-LAW TO REGULATE THE SALE AND DISCHARGE OF
FIREWORKS IN THE MUNICIPALITY OF WEST NIPISSING
APPLICATION FOR FIREWORKS PERMIT
EXHIBITION/DISPLAY OF FIREWORKS PERMIT
Name(s) of applicant(s) and
organization:
Address of applicant(s):
ON.
Postal Code:
Age of applicant(s):
Date of exhibition/display of
fireworks:
Time:
Other information re:
Exhibition/display of fireworks:
Type of fireworks to be
exhibited/displayed:
Quantity of fireworks to be
exhibited/displayed:
Other materials/documents
requested by Fire Chief
Safety procedures
recommended:
#1
#2
#3
#4
Date permit revoked
Reason permit revoked
Signature of applicant
Date
Signature of Fire Chief or designate
Date
By-law 2011/47 To regulate the sale and use of fireworks Page 6
Set Fine Schedule
Schedule 'B' to by-law 2011/47
SCHEDULE 'B' TO BY-LAW 2011/47
BEING A BY-LAW TO REGULATE THE SALE AND DISCHARGE OF
FIREWORKS IN THE MUNICIPALITY OF WEST NIPISSING
PART I - PROVINCIAL OFFENCES ACT
By-law 2011/47 Sale and discharge of fireworks
ITEM
COLUMN 1
SHORT FORM WORDING
COLUMN 2
PROVISION
CREATING OR
DEFINING
OFFENCE
COLUMN 3
SET FINE
1
Sell/offer to sell firecrackers
Sec. 4. a)
$ 200.00
2
Give firecrackers away without charge
Sec. 4. b)
$ 200.00
3
Distribute firecrackers to another
Sec. 4. c)
$ 200.00
4
Discharge or cause discharge of firecrackers
Sec. 4. d)
$ 200.00
5
Have firecrackers in possession
Sec. 4. e)
$ 200.00
6
Sell family fireworks to person under 18 yrs. old
Sec. 5. 1) a)
$ 200.00
7
Offer to sell family fireworks to person under 18 yrs. old
Sec. 5. 1) a)
$ 200.00
8
Give away family fireworks to person under 18 yrs. old
Sec. 5. 1) a)
$ 200.00
9
Discharge/permit discharge fireworks - under 18 yrs. old
Sec. 5. 2) a)
$ 200.00
10
Discharge/permit discharge fireworks at time other than
between dusk and 11 pm
Sec. 5. 2) b)
$ 200.00
11
Discharge/permit discharge fireworks on land not being owner
Sec. 5. 2) c)
$ 200.00
12
Discharge/permit discharge fireworks without ensuring safety
procedures
Sec. 5. 2) d)
$ 200.00
13
Sell exhibition fireworks to person under age of 18
Sec. 6. 1) a) i)
$ 200.00
14
Offer for sale exhibition fireworks to person under age of 18
Sec. 6. 1) a) i)
$ 200.00
15
Give away without charge exhibition fireworks to person under
age of 18
Sec. 6. 1) a) i)
$ 200.00
16
Distribute exhibition fireworks to person under age of 18
Sec. 6. 1) a) ii)
$ 200.00
17
Sell exhibition fireworks to person over 18 yrs not licensed
Sec. 6. 1) a) ii)
$ 200.00
18
Offer for sale to person over 18 yrs not licensed
Sec. 6. 1) a) ii)
$ 200.00
19
Give Away without charge to person over 18 yrs not licensed
Sec. 6. 1) a) ii)
$ 200.00
20
Distribute to person over 18 yrs not licensed under Explosives
Act
Sec. 6. 1) a) ii)
$ 200.00
21
Discharge/permit discharge- fireworks - under age of 18
Sec. 6. 2) a) i)
$ 200.00
22
Discharge/ permit discharge- fireworks - not properly licensed
under Explosives Act
Sec. 6. 2) a) ii)
$ 200.00
23
Discharge exhibition fireworks as display without holding
display permit
Sec. 6. 2) a) iii)
$ 200.00
24
Discharge exhibition fireworks except as part of a permitted
display
Sec. 6. 2) b)
$ 200.00
25
Display fireworks without following safety procedures
Sec. 8. a) i)
$ 200.00
26
Fail to produce display permit at display site
Sec. 8. a) ii)
$ 200.00
27
Fail to clear display area of debris within 24 hours
Sec. 8. a) iii)
$ 200.00
28
Fail to clear surrounding land of debris within 24 hrs.
Sec. 8. a) iii)
$ 200.00
29
Transfer/assign display permit to another
Sec. 9. a)
$ 200.00
30
Fail to surrender fireworks permit
Sec. 9. c)
$ 200.00
31
Hold display at place and time other than on permit
Sec. 9. d)
$ 200.00
Note: The penalty provision for the offences indicated above in Section 61 of the Provincial Offences Act,
R.S.O. 1990, C. P. 33