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THE
CORPORATION
OF THE TOWN
OF WHITBY
Fireworks By-law
A by-law to regulate the sale and discharge of fireworks.
By-law # 6339-10
Consolidated Version
As Amended by By-laws:
By-law Number:
Date Passed:
# 8020-23
October 2, 2023
1
Table of Contents
1.
Definitions
2
2.
General Regulations
4
3.
Regulation Affecting the Discharge of Consumer Fireworks
6
4.
Permits for the Discharge of Consumer Fireworks
6
5.
Permits for the Discharge of Display and Theatrical Fireworks
7
6
Regulations Affecting the Sale of Consumer Fireworks
8
7
Permits for Mobile Sales Premises
10
8
Regulations Affecting Mobile Sales of Fireworks
11
9
Nature of Permit
11
10 Offence, Penalty and Enforcement
14
11 Administration
14
12 Miscellaneous
15
13 Effective Date
15
2
The Corporation of the Town of Whitby
By-law # 6339-10
Being a By-law A by-law to regulate the sale and discharge of fireworks.
WHEREAS section 121 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
authorizes Council to enact by-laws for prohibiting or regulating the setting off of
fireworks; and to prohibit those activities unless a permit is obtained from the
municipality and may impose conditions for obtaining, continuing to hold and
renewing the permit, including the submission of plans;
AND WHEREAS the Council of The Corporation of the Town of Whitby wishes to
enact the measures herein in order to provide a mechanism for regulating and
permitting the safe sale and discharge of fireworks within the municipality;
AND WHEREAS the Town of Whitby has enacted Fee By-law 5765-06 to set fees
or charges for services or activities provided by or done on behalf of the Town of
Whitby Fire and Emergency Services;
NOW THEREFORE the Council of The Corporation of the Town of Whitby
ENACTS AS FOLLOWS:
1. Definitions
1.1 "Building" means any structure used or intended for supporting or
sheltering any use or occupancy;
1.2 "Clerk" means the Clerk of the Corporation of the Town of Whitby or
designate;
1.3 "Council" means the Council of The Corporation of the Town of Whitby;
1.4 "Explosives Act" means the Explosives Act, R.S.C. 1985, c. E-17, and the
regulations thereto;
1.5 Fire Chief' means the Fire Chief of the Town of Whitby or designate;
3
1.6 "Firecracker" means a pyrotechnic device that explodes when ignited and
does not make any subsequent display or visible effect after the explosion
but does not include paper caps containing not more than twenty five one-
hundredths of a grain of explosive on average per cap, devices for use with
such caps, safety flare or marine rockets;
1.7 "Fireworks" means Display Fireworks, Consumer Fireworks and Theatrical
Fireworks;
1.8 "Fireworks, Display" means low-hazard Fireworks for recreation, including
firecrackers, that are classified under Class 7, Division 2, Subdivision 2
under the Explosives Act and the regulations made there under and
includes, but is not limited to, rockets, serpents, shells, bombshells,
tourbillion, maroons, large wheels, bouquets, barrages, bombardos,
waterfalls, fountains, batteries, illuminations, set pieces and pigeons;
1.9 "Fireworks, Consumer" means low-hazard Fireworks for recreation that are
classified under Class 7, Division 2, Subdivision 1 of the Explosives Act
and the Regulations made thereunder, and includes but is not limited to
Fireworks showers, fountains, golden rain, lawn lights, pinwheels, roman
candles, volcanoes, sparklers, and other similar devices, but does not
include Christmas crackers and paper containing not more than twenty five
one-hundredths of a grain of explosive on average per cap, devices for
use with such caps, safety flares or marine rockets;
1.10 "Fireworks, Prohibited" includes but is not limited to cigarette loads or
pings, exploding 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, as included on the most recent list of prohibited Fireworks,
as published from time to time under the Explosives Act;
1.11 "Fireworks Supervisor" means a person certified as a technician under the
Explosives Act to conduct displays of Fireworks;
1.12 "Fireworks, Theatrical" means an authorized explosive of a class set out in
Section 6 of the Explosives Act, that is made, manufactured_ or used to
produce a pyrotechnic theatrical effect in connection with a motion picture,
theater or television production or with a, or as a performance, before a
live audience;
1.13 "Permit Issuer" is the person responsible for issuing Permits pursuant to
this By-law, and shall be the Clerk or his/her designate in the case of a
Permit for Mobile Sales Premise, and the Fire Chief or his/her designate in
the case of a Permit for the discharge of Fireworks;
4
1.14 "Mobile Sales Premise" means a mobile or portable premise from which
Fireworks are sold;
1.15 "Permanent Fireworks Premise" means a premise located within a building
or part thereof in which the principal year round business is the sale of
Fireworks;
1.16 "Permit" means an authorization under this By-law to sell or to discharge
fireworks;
1.17 "Person" includes a natural 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;
1.18 "Temporary Fireworks Premise" means a premise within a building or part
thereof where a retailer sells Consumer Fireworks but whose principal
business is not the sale of Fireworks;
1.19 "To discharge", when used in relation to Fireworks, Prohibited Fireworks
and Firecrackers, includes firing, igniting, exploding and setting-off, or
causing or permitting the igniting, exploding and setting-off of Fireworks;
1.20 "To sell" includes offering for sale, causing or permitting to be sold and
possessing for the purpose of sale;
1.21 "Town" means The Corporation of the Town of Whitby in the Regional
Municipality of Durham;
2. General Regulations
2.1 No person shall discharge Fireworks except between dusk and 11:oo PM
on the day of, or the day immediately following the days set for the
observance of New Year's Eve, New Years Day, Victoria Day, Canada
Day, or pursuant to a Permit.
a) No person shall discharge fireworks except between dusk and 11:00
p.m. on Lakshmi Puja (the third day of Diwali).
2.2 No person shall discharge Fireworks except between dusk and 11:00 PM
on the day of, or the day immediately following the cultural or religious
holiday for which a discharge permit has been applied for and issued by
the Fire Chief
2.3 No person shall possess or discharge Fireworks except in accordance with
the provisions of this By-law.
2.4 No person shall possess or discharge any Firecrackers or other Prohibited
Fireworks.
2.5 No person shall sell any Firecrackers or Prohibited Fireworks.
5
2.6 No person shall sell or permit to be sold any Fireworks except in
accordance with the provisions of this By-law.
2.7 No person may discharge or possess for the purpose of discharge any
Display Fireworks or Theatrical Fireworks except pursuant to a Permit.
2.8 In circumstances where a Permit is obtained for the discharge of
Fireworks, no Permit applicant shall discharge Fireworks at a date, time,
location or site other than that specified in the Permit and all conditions of
such Permit shall be observed.
2.9 No person shall discharge Fireworks in a manner that creates or may
create 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 to or in respect of any person, property or
thing.
2.10 No person shall discharge Fireworks into, in or on any highway, street,
lane, square, public park or other public place, without previously obtaining
a Permit for such purpose.
2.11 No person shall set off Display or Theatrical Fireworks within three
hundred (300) metres of a hospital, nursing home, home for the aged,
church or school unless the consent of the owner or authorized
representative thereof is obtained.
2.12 No person shall set off fireworks within three hundred (300) metres of any
premises or place where explosives, gasoline or other highly flammable
substances are manufactured or stored in bulk.
2.13
No person shall sell any Fireworks from a Mobile Sales Premise
without making application for, obtaining and maintaining, pursuant to the
terms of this By-law, a Permit therefore authorizing him/her in respect of
the location authorized on such Permit.
2.14 No person shall sell Fireworks from a location or site other than that
specified on the Permit.
2.15 Permit holder shall comply with every condition of the Permit.
2.16 No person shall store Fireworks unless in compliance with the Explosives
Act, R.S.C. 1985, c. E-17, and the regulations thereto.
2.17 No person shall permit a person to discharge fireworks of any kind on
property to which they are in lawful care and control unless the person
discharging the fireworks has the applicable fireworks discharge permit to
do so.
2.18 No person shall represent or cause to represent that he or she is the lawful
owner, or occupier, or legal representative, of lands upon which the
6
discharging of fireworks is to take place for the purpose of obtaining a
fireworks discharge permit if he or she is not.
3. Regulation Affecting the Discharge of Consumer Fireworks
3.1 No parent or guardian of any person under the age of eighteen (18) years
shall allow or permit that person to set off Consumer Fireworks, except
under the direct supervision and control of a natural 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 set off.
3.2 No person shall set off or hold a display of Consumer Fireworks on any
land that is not owned by him or her, unless written permission for the
setting off or the holding of a display of Consumer Fireworks on a date to
be clearly specified in the written permission, has been obtained from the
owner, lessee or person in charge of the land.
3.3 Every person who sets off Consumer Fireworks shall:
a) Provide and maintain fully 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 setting off of Consumer
Fireworks. This includes having knowledge of the operational
procedures associated with said fire extinguishing equipment;
b) follow the manufactures requirements for the discharge of fireworks;
and
c) permit the inspection of any site where the Consumer Fireworks may
be stored, set off or displayed, and the Consumer Fireworks
themselves, together with all associated equipment, by anyone
authorized to enforce this By-law, forthwith upon demand.
4. Permits for the Discharge of Consumer Fireworks
4.1 Every application for a Permit to discharge Consumer fireworks shall be
made to the Fire Chief upon such application form as may be issued by the
Fire Chief from time to time.
4.2 The fees for Permits are set out in the Town of Whitby Fire and Emergency
Services Fees for Services By-law 5765-06 as amended.
a) Notwithstanding 4.2 the cost for the permit, required in 2.1 of this by-law
to discharging Consumer fireworks on cultural or religious holidays is
waived
4.3 No Permit shall be issued to any person under eighteen (18) years of
age.
7
4.4 Every Permit application to discharge Fireworks shall include:
a) a description of the type and kind of Fireworks which may be
discharged, the discharge techniques to be used, the manner and
means of restraining unauthorized persons from attending too near the
discharge location, the manner in which unused Fireworks are to be
disposed of and the number of persons authorized to handle and
discharge the Fireworks;
b) a description and site plan drawing of the discharge location to be used
for the setting off of the Fireworks sufficient to identify and locate the
site upon the property where the discharge is proposed;
c) proof of authorization of the owner of the land that Fireworks may be
discharged at such location;
d) the name of the applicant and the name of the sponsoring organization,
if applicable;
e) the date and time of the proposed discharge of Fireworks and an
alternate date and time in the event of inclement weather;
f) the appropriate Permit fee.
5. Permits for the Discharge of Display and Theatrical Fireworks
5.1 In addition to the requirements set out in section 4.4 of this by-law, every
application for a Permit for Display Fireworks and Theatrical Fireworks
shall include.
a) proof of commercial general liability insurance in an amount no less than
Five Million Dollars ($5,000,000.), naming The Corporation of the Town
of Whitby as an additional insured and containing a cross liability clause;
b) proof that the applicant has been approved by the Chief Inspector of
Explosives pursuant to the Explosives Act as a Fireworks Supervisor by
providing a copy of Fireworks Supervisor's permit;
c) an Indemnification Hold Harmless Undertaking in favour of the Town and
signed by the applicant or by an individual having the authority to bind
the applicant
d) such further and other information as the Fire Chief may require
5.2 Every person to whom a Permit for the Discharge of Display and Theatrical
Fireworks is issued shall:
a) provide and maintain fully 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 Fireworks;
8
b) conform to the provisions of the current issue of the Fireworks Manual as
published from time to time by the Explosives Branch of Natural
Resources Canada, or any successor publication, applicable to the
handling and discharge of Fireworks authorized in the Permit;
c) produce the Permit on demand by any person authorized to enforce this
By-law;
d) 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 documentation pertaining to the discharge of fireworks;
and
e) only discharge the Fireworks at the date, time, location and discharge
site shown on the Permit.
5.3 Every Permit for the Discharge of Display and Theatrical Fireworks shall,
include the following conditions:
a) no person, except a Fireworks Supervisor, shall set off any Display or
Theatrical Fireworks;
b) the Fireworks Supervisor, who is named on the Permit application, shall
be present in person at the display at all times during which the display
is being set up, discharged and cleaned up;
c) any additional conditions that are required by the Fire Chief.
6 Regulations Affecting the Sale of Consumer Fireworks
6.1 All vendors of Consumer Fireworks in the Town of Whitby are required to
conduct the sales of Consumer Fireworks within a Permanent Fireworks
Premise, Temporary Fireworks Premise, in accordance with this By-law
and all applicable law.
6.2 Notwithstanding 6.1, a Mobile Sales Premises may be approved within the
Town of Whitby, provided the vendor conforms to section 7 of this By law.
6.3 No person shall sell Consumer Fireworks or possess Consumer Fireworks
for the purpose of sale, except on New Years Day, Victoria Day, Canada
Day, and each of the seven days immediately preceding New Years Day,
Victoria Day and Canada Day.
6.4 No person shall sell Consumer Fireworks unless:
a) the Fireworks are included on the most recent list of authorized
explosives as published from time to time by the Explosives Branch of
Natural Resources Canada, or their successors;
b) the Fireworks are sold in accordance with the standards of Natural
Resources Canada;
9
c) the Fireworks are displayed for sale in a package, glass case or other
suitable receptacle away from inflammable goods;
d) the Fireworks are displayed in a place where they are not exposed to the
rays of the sun or to excess heat or adjacent to any exit door; and
e) they provide to purchasers of Fireworks, a manufacturer's brochure
outlining the safe handling of Fireworks.
6.5 All vendors of Consumer Fireworks in the Town of Whitby must have
written consent from the owner of the property to sell Fireworks from said
property.
6.6 All vendors of Fireworks shall designate an area of 6 metres around every
location from which Fireworks are sold or stored for the purposes of sale.
This area shall be designated and posted as a "non-smoking" area and no
person may smoke or ignite any flammable material, or have in his
possession any lighted match, lighter, pipe, cigar, cigarette, open flame or
spark emitting device in such area.
6.7 All vendors of Fireworks shall provide and maintain fully operational fire
extinguishers, ready for immediate use, on site at all times.
6.8 No person shall sell Fireworks to any person under the age of eighteen
years.
6.9 No vendor of Fireworks may permit any employee to sell Fireworks without
first instructing such employee in the regulations of this By-law and
ensuring that such employee complies with these regulations.
6.10 Every vendor of Fireworks shall keep their Permit certificate issued in
respect of this By-law posted in a conspicuous place within the place of
sale, at all times during the currency of the Permit.
6.11 All vendors of Fireworks within the Town of Whitby must hold a valid and
appropriate license from the Explosives Branch of Natural Resources
Canada, or its successors, if storage quantity of fireworks exceeds one
thousand (1000) kg.
6.12 All locations and buildings used for the sale of Fireworks must comply with
the Town of Whitby Zoning By-law requirements.
6.13 No person shall sell Consumer Fireworks unless:
a) the Fireworks are displayed for sale in lots that do not exceed twenty five
(25) kilograms each in gross weight;
b) the Fireworks are displayed in a place where they are not exposed to the
rays of the sun or to excess heat or adjacent to any exit door;
10
c) Consumer Fireworks displayed in any shop window shall be mock
samples only and shall not contain explosive composition;
d) any unsold Fireworks must be returned to the manufacturer or distributor
within seven days immediately following New Years Day, Victoria Day
and Canada Day;
e) Remaining unsold Fireworks not exceeding twenty five (25) kilograms in
gross weight shall be deemed in compliance with subsection 6.13.(d)
provided they are immediately stored in a cool, dry place removed from
flammable materials, and fuel fired appliances and are inaccessible to
the public;
f) the weight of Consumer Fireworks stored on site cannot exceed one
thousand (1,000) kilograms in gross weight unless the vendor holds a
valid and appropriate license to do so from the Explosives Branch of
Natural Resources Canada, or its successors.
7 Permits for Mobile Sales Premises
7.1 No person shall sell any Display or Theatrical Fireworks from a mobile sales
premise.
7.2 Every application for a Permit pursuant to this section shall be m de to the
Clerk upon such application form as may be issued by the Clerk from time to
time.
7.3 The fees for Permits are set out in the Town of Whitby Fire and Emergency
Fees for Services By-law 5765-06.
7.4 No Permit shall be issued to any person under eighteen (18) years of age.
7.5 Every Permit application for Mobile Sales Premises shall include:
a) the name and mailing address of the applicant and the name of the
sponsoring organization, if applicable;
b) the operating date(s) of the proposed Mobile Sales Premises;
c) a description and site plan drawing sufficient to identify and locate
the site upon the property where the mobile sales premises is
proposed;
d) proof of authorization of the owner of the land that the Mobile Sales
Premises may be located on the property;
e) proof of commercial general liability insurance in an amount no less
than Five Million Dollars ($5,000,000.), naming The Corporation of
the Town of Whitby as an additional insured and containing a cross
liability clause;
f) an Indemnification and Hold Harmless Undertaking in favour of the
Town and signed by the applicant or by an individual having the
11
authority to bind the applicant;
g) the appropriate Permit fee; and
h) such further and other information as the Clerk may require.
8 Regulations Affecting Mobile Sales of Fireworks
8.1
In addition to the regulations affecting the sale of Fireworks pursuant to
this By-law, no person shall sell Fireworks from a Mobile Sales Premise
except in accordance with the following conditions:
a) not less than two (2) signs must be posted in prominent locations on
the outside of the Mobile Sales Premise indicating that persons may
not smoke or ignite any flammable material, or have in their
possession any lighted match, lighter, pipe, cigar, cigarette, open
flame or spark emitting device within six (6) metres of the Mobile
Sales Premise;
b) a Mobile Sales Premise may not be located within twenty (20) metres
of any road or occupied parking space and may not be located within
forty (40) metres of any occupied building, or any dwelling or gas
station; or as otherwise regulated by the Explosives Branch of
Natural Resources Canada, or its successors;
c) the public shall not be permitted to enter any Mobile Sales Premise
for the purpose of purchasing Fireworks unless there are at least two
operational doors providing means of access to and egress from the
Mobile Sales Premise;
d) no more than fifteen (15) customers are permitted in a Mobile Sales
Premise at the same time;
e) any portable power supply to the mobile sales trailer must be located
not less than twelve (12) metres from the Mobile Sales Premise; and,
f) with the exception of its entrance and exit, every Mobile Sales
Premise shall have a "no encroachment zone" of at least six (6)
metres established around its perimeter by means of a barrier, such
as snow fencing or pylons or other material satisfactory to the Clerk
to exclude the public from this area.
9 Nature of Permit
9.1
No person shall enjoy a vested right in the continuance of a Permit and the
value of a Permit shall be the property of the Town and shall remain so
irrespective of the issue, or revocation thereof.
9.2
No person licensed to carry on any trade, calling, business _or occupation
pursuant to this By-law shall advertise or promote or carry on such trade,
12
calling, business or occupation under any name other than the name
endorsed upon his Permit.
9.3
The Permits required by this By-law shall be valid only for the dates
endorsed thereon.
9.4
No Permit shall be transferred or assigned and if a person Permitted
pursuant to this By-law sells, leases or otherwise disposes of his interest in
the discharge or sales of fireworks, his Permit shall, notwithstanding any
other provision of this By-law, be revoked.
9.5
Every Permit shall have endorsed thereon the location of the Mobile Sales
Premises or discharge of fireworks and such endorsement shall be for one
location only and such Permit shall be valid only for the location endorsed
thereon.
9.6
Receipt of the application and/or the Permit fee by the Town shall not
represent approval of the application for the issuance of a Permit nor shall
it obligate the Town to issue such Permit.
9.7
The Permit Issuer shall:
a) receive and process all applications for Permits to be issued under
this By-law;
b) co-ordinate the enforcement of this By-law;
c) generally perform all the administrative functions conferred upon him
by this By-law;
d) make or cause to be made all investigations and inspections which
he deems necessary to determine whether an applicant meets the
requirements of this By-law and all applicable laws; and
e) issue Permits to persons who meet the requirements of this By-law
and refuse, suspend or revoke Permits pursuant to the provisions of
this By-law.
9.8
Notwithstanding the foregoing section, upon review of a Permit application
the Permit Issuer may refuse to issue the Permit where:
a) the past or current conduct of the applicant or Permit holder provides
reasonable grounds for belief that he or she is not carry.ing on or will
not carry on the activity for which the Permit is required and/or the
application is not made in accordance with law and with integrity and
honesty; or
b) there are reasonable grounds for belief that the carrying on of the
activity for which a Permit is required, by the applicant or Permit
holder, has or will result in a breach of this By-law or any other
applicable law; or
c) the applicant or Permit holder is a corporation or a partnership and its
13
conduct or the conduct of its officers, directors, employees, agents or
partners affords reasonable grounds for belief that activity for which a
Permit is required, will not be carried on in accordance with the law and
with integrity and honesty; or
d) there are reasonable grounds for belief that the premises,
accommodations, equipment or facilities in respect of which the Permit
is required do not comply with the provisions of this By-law or any
other applicable law; or
e) the conduct of the applicant or Permit holder or other related
circumstances afford reasonable grounds for the belief that the
carrying on by the applicant of the activity for which a Permit is
required would infringe the rights, or endanger the health or safety of
members of the public; or
f) the applicant or Permit holder has provided fraudulent information in
the Permit application.
9.9
The applicant shall be notified in writing by the Permit Issuer for the
refusal of a Permit, and such notification shall include the particulars of the
refusal.
9.10 When an application for Permit is made in accordance with the provisions
of this By-law and the applicant meets all the requirements of this By-law
or where the Permit Issuer has been so authorized by Council in response
to a Report in this regard, the Permit Issuer shall issue a Permit which
shall set out the date of the Permit in accordance with this By-law.
9.11 A Permit may suspended or revoked by the Permit Issuer for a breach of
any of provisions set out in Section 9.8 of this By-law, by written notice,
and it shall not be reinstated until the Permit Issuer is able to confirm that
the conditions leading to the suspension or revocation have been
remedied.
9.12 At any meeting of Council called in relation to a report to consider the
issuance, suspension or revocation of a Permit:
a) the applicant and/or Permit holder shall be accorded its rights
pursuant to the Statutory Powers Procedures Act including the right to
appear and speak to the matter;
b) where the applicant and/or Permit holder has been provided with
notice of the meeting and does not attend, Council may proceed with
the meeting in the absence of the applicant and/or Permit holder; and
c) where Council concludes that grounds exist upon which a Permit may
be refused, suspended or revoked, Council may in lieu thereof issue a
Permit for any period up to a full Permit period, on probation, or
without a term of probation, subject to such conditions as Council may
14
impose and are in accordance with law.
10 Offence, Penalty and Enforcement
10.1
Any person who contravenes the provisions of this By-law is guilty of an
offence and, upon conviction is liable to the maximum fine applicable to
the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended.
10.2
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 By-law shall be deemed to be a
violation of the provisions of this By-law and may result in the revocation
of a Permit issued hereunder.
10.3
Every person shall comply with the provisions of this By-law applicable
to him whether or not he is licensed under this by-law.
10.4
Every Permit applicant, Permit holder and person requiring a Permit
pursuant to this by-law shall during the regular operating hours of the
premises where fireworks are sold, make available for inspection by the
Clerk, the Fire Chief, a Peace Officer, a Provincial Offences Officer, or a
By law Enforcement Officer the original of any document or record
referred to in this By-law.
10.5
Every Permit applicant, Permit holder and every person discharging
Fireworks 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 a By-law Enforcement Officer, a
Provincial Offences Officer, the Clerk or a Peace Officer.
10.6
No person shall obstruct or hinder the entry or the inspection of a Mobile
Sales Premises, Temporary Fireworks Premise or any premise
conducting the sale of Fireworks or discharge of Fireworks, or other
premises or items authorized for inspection pursuant to this by-law, by a
By-law Enforcement Officer, a Provincial Offences Officer, the Clerk, the
Fire Chief, or a Peace Officer for the purposes of inspecting or for the
enforcement of this by-law.
11 Administration
11.1
The Fire Chief shall be responsible for the issuance and administration
of Permits for the Discharge of Fireworks, and the Clerk shall be
responsible for the issuance and administration of Permits for Mobile
Sales Premises.
15
12 Miscellaneous
12.1 The provisions of this By-law shall apply to all lands and premises within
the Town of Whitby.
12.2 Should any section of this By-law be declared invalid by a court of
competent jurisdiction, such section shall be construed as being, severed
herefrom and the remainder of the By-law shall continue in full force and
effect.
12.3 All Schedules referred to in this By-law and attached to this By-law form
and are part of the By-law.
12.4 Wherever notice or materials are required to be served upon or provided
to any person pursuant to this By-law, such provision shall be deemed
effective upon mailing of such materials by registered mail to the last
address of that person as indicated upon Permit or other material filed
with the Town or to the last assessed business address for the person
indicated upon the Taxation Roll Records.
12.5 This By-law shall come into force and effect on the day of its passing.
12.6 The short title of this By-law shall be the "Fireworks By-law".
13 Effective Date
By-law read and passed this 10th day of May, 2010.
Original Approved and Signed.
Patricia Perkins, Mayor
Original Approved and Signed.
Martha Pettit, Deputy Clerk