By-law 36-14: Fireworks By-law — full text

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Township of Zorra Fireworks By-law 36-14 Office Consolidation Amending By-law By-law 72-22 By-law 26-25 All original signed by-law(s) are on file at the Zorra Municipal Centre. 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 Township of Zorra 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 519-485-2490. The Corporation of the Township of Zorra Page 2 By-law No. 36-14 THE CORPORATION OF THE TOWNSHIP OF ZORRA BY-LAW NO. 36-14 BEING A BY-LAW TO REPEAL BY-LAW NO. 26-89 AND A BY-LAW TO REGULATE THE SALE, DISPLAY AND DISCHARGE OF FIREWORKS WITHIN THE TOWNSHIP OF ZORRA. WHEREAS Section 121, Clause (a) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, provides that a local municipality may prohibit and regulate the sale of fireworks and the setting off of fireworks; AND WHEREAS Section 121, Clause (b) of the Municipal Act, 2001, S.O. 2001, C.25, provides that a local municipality may prohibit the sale and the discharging of fireworks 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 the Council of the Corporation of the Township of Zorra deems it advisable and necessary to repeal By-law 26-89; AND WHEREAS the Council of the Corporation of the Township of Zorra deems it necessary to regulate the sale and setting off of fireworks; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ZORRA ENACTS AS FOLLOWS: Part 1 DEFINITIONS 1.1 For the purpose of this By-Law, the definitions of this Section apply: "Chief Fire Official" means the Fire Chief of the Township of Zorra appointed under the authority of the Fire Prevention and Protection Act, designate or authority having jurisdiction. "Consumer Fireworks" means outdoor low hazard fireworks designated for recreational use and classed as Subdivision 1 of Division 2 of Class 7 Fireworks under the Explosives Act and include fireworks showers, fountains, golden rain, lawn lights, pin wheels, Roman candles, volcanoes. "Display Fireworks" means outdoor high hazard fireworks generally used for community celebrations and classed as Subdivision 2 of Division 2 of Class 7 under the Explosives Act Fireworks and include bombshells, aerial shells, large wheels, and bombardons. "Display Fireworks Manual" means the manual released by Natural Resources Canada: Explosives Regulatory Division as amended. "Display Supervisor" means a Person who is an approved purchaser of Display Fireworks and who is qualified under the Act to supervise the discharge of Display Fireworks." "Firecrackers" means a pyrotechnic device that explodes instantaneously when The Corporation of the Township of Zorra Page 3 By-law No. 36-14 ignited and does not make any subsequent display or visual effect after explosion and includes devices commonly known as Chinese firecrackers, but does not include caps for toy guns or Christmas crackers. "Fireworks" means Display Fireworks, Pyrotechnic Special Effects Fireworks and Consumer Fireworks. "Flying Lantern" means a small paper hot-air balloon, fuelled by an open flame and when released, the hot air produced by the fuel source can lift the lantern to extreme heights and allows it to drift for long distances. "Officer" means a By-law Enforcement Officer, Chief Fire Official or Designate. "Owner" means any person, firm or corporation having control over any portion of the building or property under consideration and includes the persons in the building or property. "Permit" means a permit or license issued by the Township of Zorra. "Pyrotechnician" means the Person certified by Natural Resources Canada to conduct a public or private pyrotechnic special effects display. "Pyrotechnics" means an explosive of a class set out in the Explosives Act, that is made, manufactured or used to produce pyrotechnic theatrical effect in connection with a motion picture, theatre or television production or with a, or as a performance, before a live audience, but excludes consumer fireworks, display fireworks and prohibited fireworks as such terms are defined in this by-law. "Township" means the Corporation of the Township of Zorra. "Vehicle" shall include a motor vehicle, recreational vehicle, camper, all-terrain vehicle, mobile home, boat, watercraft, traction engine, farm tractor and a vehicle drawn, propelled or driven by any kind of power. Part 2 GENERAL PROVISIONS 2.1 General (a) No Person shall set off any fireworks when a fire ban is in effect. (b) No Person shall store, handle, sell or display Fireworks except in the Commercial Zones. (c) Fireworks shall not be sold out of a vehicle; which includes a booth, stall, trailer, motor vehicle, recreational vehicle, camper, all-terrain vehicle, mobile home, but shall only be sold from a commercial building or accessory structure in the required zone. (d) No Person shall store, handle, sell or display Fireworks except in accordance with the Explosives Act and this By-law as an accessory use only. (e) No Person under the age of eighteen (18) years shall possess Fireworks. 2.2 Firecrackers and Flying Lanterns (a) No Person shall offer for sale, cause to be sold, or sell Firecrackers or Flying Lanterns. (b) No Persons shall set off, or cause to be set off any Firecrackers or Flying Lanterns. (c) No Person shall possess Firecrackers or Flying Lanterns. The Corporation of the Township of Zorra Page 4 By-law No. 36-14 2.3 Consumer Fireworks - Sale (a) No Person shall sell any Consumer Fireworks to any Person under the age of eighteen (18) years. (b) No Person shall sell any Consumer Fireworks except on Canada Day, Labour Day, on the fixed by proclamation for the observance of Victoria Day, and on the days fixed by proclamation for the observance of Diwali, and the preceding seven (7) days in each case. (Amended by By-law 72-22) (c) No Person shall advertise the sale of Consumer Fireworks except on Canada Day, Labour Day, on the day fixed by proclamation for the observance of Victoria Day, and on the days fixed by proclamation for the observance of Diwali, and the preceding twenty-one (21) days in each case. (Amended by By-law 72-22) (d) No Person shall sell to any person any Consumer Fireworks, of a type or the setting off of which is prohibited by the provisions of the By-law or the Explosives Act. (e) No Person shall sell, offer or expose for sale any Consumer Fireworks without first obtaining a Permit to do so from the Officer by completing in its entirety a "Retail of Consumer Fireworks Permit" attached as Schedule "B" and such Permit application is approved by the Chief Fire Official and after paying the appropriate non-refundable application fee as set out in the Township of Zorra Municipal Service Fees By-law. Said Permit is non- transferable by owner and/or location or premise. (f) The holder of the Permit issued under Subsection 2.3(e) shall prominently display the Permit in the place of business where the Fireworks are being offered for sale and such License shall be produced to any Officer upon request. (g) Every Person displaying or storing Fireworks shall post a clearly visible sign prohibiting smoking at entrance to building. (h) No Person shall smoke or use an open flame, such as a light, match or torch in a room or space where Fireworks are stored or displayed or in any case less than 3 metres from any fireworks. 2.4 Consumer Fireworks - Discharging (a) No Person shall ignite, set off or have a display of Consumer Fireworks on any Property unless such Person is the owner of that Property or has written permission to do so by the owner of such Property. (b) No Person shall ignite, set off of, have a display of Consumer Fireworks without the supervision of a responsible Person of at least eighteen (18) years of age. (c) The Person in Subsection 2.4 (b) shall have the necessary means readily at hand to summons the Fire Department. (d) No Person shall ignite, discharge or set off any Consumer Fireworks into or inside of any building, structure, vehicle, or on any other place of Property where such ignition, discharge or setting off may create a nuisance or safety hazard to any Person or Property. (e) No Person shall ignite, discharge or set off any Consumer Fireworks into or on Municipal Property including without limitation, streets, lanes, squares or other public places without written approval of the Officer. (f) No Person shall ignite, discharge or set off any Consumer Fireworks off of, The Corporation of the Township of Zorra Page 5 By-law No. 36-14 or from the roof of any building or structure, or anywhere with less clearance to persons and combustible property as is prescribed by the manufacturer on the exterior of the firework article without written approval of the Chief Fire Official or designate. (g) No Person shall ignite, discharge or set off any Consumer Fireworks after the hour of 11 p.m. (local time) on the day of, 2 days previous to, or 2 days following the days established by Section 2.3 (b). 2.5 Display Fireworks - Sale (a) No Person shall sell any Display Fireworks to any Person under the age of eighteen (18) years or to any Person unless they are qualified as a Fireworks Supervisor. 2.6 Display Fireworks - Discharging (a) No Person shall ignite, set off, or have a display of Display Fireworks on any Property unless such person is the owner of the Property or has written permission to do so by the owner of that Property. (b) No Person shall ignite, set off, or have a display of Display Fireworks unless such Person is qualified as a Display Supervisor. (c) A Display Supervisor shall produce a current certificate of qualification as issued by the Explosive Regulatory Division upon the request of any Officer. (d) No Person shall ignite, set off or have a display of Display Fireworks unless there is provided and maintained 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 Display Fireworks. (e) No Person shall transport, setup, ignite, or operate Display Fireworks except in accordance with the requirements outlined in the Natural Resources Canada Display Fireworks Manual and this By-Law. 2.7 Display Fireworks - Licensing (a) No Person shall ignite, set off, or have a display of Display Fireworks without first obtaining a Permit to do so from the Officer by completing in its entirety the current "Display Fireworks Event Permit" attached as Schedule "C" and such Permit application is approved by the Chief Fire Official, and after paying the appropriate non-refundable application fees as set out in the Township of Zorra Municipal Service Fees By-law. Said Permit is non-transferable by owner and/or location or premise. (b) No Person shall ignite, set off, or have a display of Display Fireworks except in accordance with the information provided on the "Display Fireworks Event Permit" required in Subsection 2.7 (a). (c) Every application shall be made not less than twenty-one (21) days prior to the setting off of the Display Fireworks. (d) Every application for a Permit must include proof of liability insurance coverage for the setting off or holding of a display of Display Fireworks in the minimum amount of $5,000,000 and shall name the Township of Zorra as an additional named insured. (e) Every application shall state the name and contact information in which the Permit is to be issued, state the date, time, and location or site of the setting of the Display Fireworks and state the name and phone number of the Display Supervisor. The Corporation of the Township of Zorra Page 6 By-law No. 36-14 (f) Upon conclusion of the display, the Display Supervisor shall walk the display site and fallout area. Any unused fireworks and all debris resulting there from shall be removed immediately and safely disposed of by the Permit holder. 2.8 Pyrotechnics (a) No person shall conduct an event including Pyrotechnics without approval of the Chief Fire Official or designate. (b) No person shall transport, setup, ignite or operate Pyrotechnics except in accordance with the requirements outlined in the Natural Resources Canada Pyrotechnic Special Effects Fireworks Manual. (c) No Person shall ignite, set off, or have a display of Pyrotechnics without first obtaining a Permit to do so from the Officer by completing in its entirety the current "Pyrotechnic Special Event Approval Permit" attached as Schedule "D" and such Permit application is approved by the Chief Fire Official, and after paying the appropriate non-refundable application fee as set out in the Township of Zorra Municipal Service Fees By-law. Said Permit is non- transferable by owner and/or location or premise. Every application shall be made not less than twenty-one (21) days prior to the setting off of Pyrotechnics. 2.9 Grant of Exemption by Council (Amended by By-law 26-25) (a) Notwithstanding the provisions of this By-law, any person may apply to Council for an exemption to any provision of this By-law with respect to the discharge of fireworks and Council may grant such exemption, grant an alternative exemption or refuse such exemption, and may set out conditions to be met as Council sees fit for any exemption granted. (b) Every person applying for an exemption under section 2.9(a) of this By-law shall, at least 10 business days prior to the Council meeting at which the request for exemption is to be addressed by Council, provide to the Clerk of the Township an application form (attached as Schedule "E" to this by-law) in writing that shall contain: i. The name, address, email and telephone number of the applicant; ii. A description of the fireworks; iii. A statement of the particular provision or provisions of this By-law from which exemption is being sought; iv. The date, time, and location of the event for which the exemption is being sought; v. The reason why the exemption should be granted; vi. If applicable, a statement of the steps, if any, planned or presently being taken to bring about compliance with the By-law; vii. Payment of the exemption-processing fee, if any, in the amount set by Council and in effect at the time of such exemption request. (c) In deciding whether to grant the exemption under section 2.9(a) of this By-law, Council shall give the applicant and any person opposed to the application an opportunity to be heard and may consider such other matters as it deems appropriate. (d) A breach of any of the terms or condition of an exemption granted by Council under section 2.9(a) of this By-law that is emitted, caused, or permitted to be emitted or caused by the applicant shall render the exemption null and void. The Corporation of the Township of Zorra Page 7 By-law No. 36-14 Part 3 ENFORCEMENT 3. An Officer is hereby vested with the authority of enforcing the provisions of this by- law. Part 4 RIGHT OF ENTRY 4. (a) An Officer may at any time, enter onto land to determine whether this By-law is being complied with. (b) Every owner shall permit the Officer to inspect any land for the purpose of determining compliance with this By-law. (c) Notwithstanding any provision of this By-law, an Officer shall not enter or remain in any room or place actually being used as a dwelling, unless; i. The consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, may only be made under the authority of a warrant issued under the Provincial Offences Act, R.S.O.1990, as amended; ii. A warrant issued under the Provincial Offences Act, R.S.O.1990, as amended is obtained. Part 5 OBSTRUCTION 5. (a) No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. (b) Any person who has been alleged to have contravened any of the provisions of the By-law, shall identify themselves to the Officer upon request, failure to do so shall be deemed to have obstructed or hindered the Officer in the execution of his or her duties. Part 6 PENALTY 6. Any person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act R.S.O. 1990, Chapter P33, as amended. Part 7 SEVERABILITY 7. Should any section, subsection, clause, paragraph or provision of this By-aw be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-law as a whole or any part thereof, other than the Part so declared to be invalid. Part 8 FEE 8. The fees shall be in accordance with the current Municipal Service Fees By-law for the Township of Zorra. Part 9 REPEAL 9. That By-law 26-89 is hereby repealed in its entirety. The Corporation of the Township of Zorra Page 8 By-law No. 36-14 Part 10 EFFECTIVE DATE 10. This by-law comes into force on the day it is passed. READ A FIRST AND SECOND TIME THIS 12th day of AUGUST, 2014. READ A THIRD TIME AND FINALLY PASSED TIME THIS 12th day of AUGUST, 2014. MAYOR CLERK MARGARET LUPTON KAREN MARTIN CORPORATION OF THE TOWNSHIP OF ZORRA Part 1 Provincial Offences Act By-law 36-14: Fireworks By-law Schedule "A" SCHEDULE OF SET FINES - VOLUNTARY PAYMENT OUT OF COURT: Pursuant to Section 6 of By-law 36-14 of the Corporation of the Township of Zorra, the following is a schedule of fines voluntarily payable, out of Court for offences committed under this By-law being: SCHEDULE OF FINES: ITEM Column 1 Short Form Wording Column 2 Provision Creating or Defining Offence Column 3 Set Fine 1 Sell or offer for sale any firecrackers or flying lanterns. 2.2(a) $200.00 2 Set off, or cause to be set off any Firecrackers or Flying Lanterns 2.2(b) $200.00 3 Sell, offer or expose for sale any Consumer Fireworks without permit 2.3(e) $200.00 4 Person under 18 ignite, set off of, have a display of Consumer Fireworks 2.4(b) $200.00 5 Ignite, discharge, set off Consumer Fireworks that might create a safety hazard or nuisance to any person or property 2.4(d) $200.00 6 Ignite, discharge, Set off Consumer Fireworks on land owned by the Township of Zorra without approval 2.4(e) $200.00 7 Ignite, set off or have a display of Consumer Fireworks when prohibited 2.4(g) $200.00 8 Ignite, discharge or set off Consumer Fireworks outside times permitted. 2.4(g) $200.00 9 Hinder or obstruct, or attempt to hinder or obstruct, any Officer. 5(a) $200.00 Note: The penalty provision(s) for the offences indicated above is Section 6.0 of By-law 36-14 a certified Copy of which has been filed. By-law 36-14: Fireworks By-law Schedule "B" By-law 36-14: Fireworks By-law Schedule "C" By-law 36-14: Fireworks By-law Schedule "D" By-law 36-14: Fireworks By-law Schedule "E"