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## TOWN OF MAIDSTONE
## BYLAW NO. 2015-13
## A BYLAW OF THE TOWN OF MAIDSTONE TO REGULATE FIREWORKS WITHIN TOWN BOUNDARIES
1 Bylaw of the Town of Maidstone to regulate the use and sale o irecrackers and firework:
The Council of the Town of Maidstone, in the Province of Saskatchewan, enacts as follows:
## PART I - SHORT TITLE
1. This Bylaw may be cited as the Fireworks Bylaw.
## PART II - DEFINITIONS
2. In this Bylaw:
2. "APPROVED", means approved by Administration of the Town of Maidstone or a designated Officer.
3. "COUNCIL", means the Municipal Council of the Town of Maidstone.
4. the Towa or miaone Fine Departmo resine to be head of
5. "FIRE DEPARTMENT", means the Town of Maidstone Volunteer Fire Department.
6. the same noise producing category.
7. or perorist me as a distured sod cand to bo sed Regulations as low hazard fireworks for recreation.
8. "MINOR", means a person under the age of majority.
9. "OCCUPANT", means an owner, tenant, lessee, agent, licensee and any other person who has the right of access to, and control of any land, building or premises to which this bylaw applies.
10. "OFFICER", means any person appointed by the Town of Maidstone or the Maidstone Fire Chief to exercise the powers vested under this Bylaw or the Fire Services Act. An Officer includes members of the Fire Department appointed from time to time to the positions of Deputy Fire Chief or Captain.
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"PEACE OFFICER", means a person employed by the Town of Maidstone as a Bylaw Enforcement Officer, or any person carrying out the duties of an RCMP Officer for the Town of Maidstone.
"PERSON", includes a corporation, partnership or party, and the ersonal or other legal representatives of a person to whom th ontext can apply according to this Bylaw
"POSSESSION", a person has anything in possession when he has it in his personal possession or knowingly has it in the actual ›ossession or custody of another person or has it in any place hether or not that place belongs to or is occupied by him. for th use or benefit of himself or of another person; and, where one of two or more persons, with the knowledge and consent of the rest. has anything in his custody or possession, it shall be deemed to be
"SALE", the act of selling, the exchange of goods or services for money or other valuable considerations.
## PART HI - GENERAL
3. A person defined as a Peace Officer pursuant to this Bylaw is empowered to exercise the powers conferred by this Bylaw, and further, the Fire Chief and appointed Officers of the Fire Department are empowered to exercise the powers conferred by this Bylaw and the powers conferred by the Saskatchewan Fire Code Regulations.
4. The throwing, propelling, ejecting, lighting, firing, exploding, setting off, discharging or possession of firecrackers or other fireworks of every nature or kind is hereby prohibited in the Town of Maidstone except as herein provided.
5. A Peace Officer may seize firecrackers and other fireworks being held in violation of this Bylaw.
6. Notwithstanding any clause in this Bylaw, a Special Fireworks Permit allowing a display of fireworks or firecrackers on the terms and conditions set out in the Special Fireworks Permit in the form attached hereto as Schedule "A", or to like effect, may be purchased from the Town of Maidstone for a fee of $20.00.
7. The Town of Maidstone will not issue a permit pursuant to subsection 6 to a Special Fireworks Permit display unless a registered owner of the property is the person seeking the permit or the person seeking the permit has written consent from the registered owner of the property to seek such a permit.
8. The person or organization responsible for the setting off of fireworks shall carry liability insurance in the amount of $2,000,000.00
9. Notwithstanding any clause contained in this Bylaw, the Town of Maidstone may issue a permit to a person or organization to detonate or explode fireworks or firecrackers for religious or ceremonial purposes with strict conditions as the Town deems necessary.
10. If the Town, as a result of the existence of hazardous fire conditions, deems it advisable, the Town may cancel or suspend for such time as is specified in the order, any Permits issued pursuant to this Bylaw, or may attach to any or all such Permits such conditions and
11. All Permits issued pursuant to this Bylaw shall be subject to such conditions, restrictions and provisions as the Town may consider necessary or expedient to incorporate therein.
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12. Ar ner or occupier of real property shall ove any item or reduce any condition from a building or yard which may be deemed to be a fire hazard or increases the danger of fire.
13. Fireworks will not be permitted on residential lots without express written permission from the Council of the Town of Maidstone.
14. All disputes arising as a result of the administration of the provisions of this Bylaw shall be referred to the Council and Council shall be the final authority in all cases.
15. Any and all costs that are incurred while mitigating fires resulting from the misuse of fireworks will be charged to the person or persons responsible for discharging the fireworks or firecrackers.
16. The cost of mitigating fires will be assessed as per the Town of Maidstone's then current Bylaw to Provide for Assessing and Levying the Cost of Fire Suppression Services.
## PART IV - FIREWORKS AND MINORS
17. Sale or furnishing of fireworks shall be in accordance with rules set out by the Province of Saskatchewan or the Saskatchewan Fire Code Regulations.
18. No minor shall be in possession, ignite or explode fireworks or fire crackers.
## PART V - FIREWORKS DISPLAYS
19. All public fireworks and firecracker displays must be performed under Permit issued under this Bylaw and abide by conditions contained in this Bylaw (see Schedule A).
20. Public display of fireworks and firecrackers shall be permitted only when the point at which the fireworks and firecrackers are to be fired is at least 60 metres from the nearest permanent building, public highway or railway, or other means of travel, or 15 metres from the nearest above ground telephone or telegraph line, tree or other overhead obstruction.
21. The audience at a public display of fireworks and firecrackers shall be restrained behind lines at least 45 metres from the point at which the fireworks and firecrackers are discharged and only persons in active charge of the display shall be allowed inside these lines.
22. All fireworks that fire a projectile must be directed in such a manner that the projectile goes into the air in a vertical direction.
23. In circumstances where fireworks are to be fired beside a lake or large body of water, the fireworks may be directed in such a manner that the falling residue from the deflagration will fall into the body of water.
6. ·24. Any fireworks and firecrackers that remain unfired after the display is concluded shall be immediately disposed of in a safe manner.
25. No public display of fireworks and firecrackers shall be held during a wind storm unless at the discretion of the Fire Chief
26. No public display of fireworks and firecrackers shall be held when the outside temperature is 30 degrees C or higher and/or if the humidity is 30% or less. The Fire Chief may also cancel any permits in times where the fire danger rating is extreme.
27. The persons in charge of the firing of fireworks and firecrackers in a public display shall be at least twenty-one (21) years of age and competent for the task.
28. There shall be at all times at least two (2) operators of the display constantly on duty during the discharge.
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## PART VI - PENALTIES
29. Every person who violates any of the provisions of this Bylaw or who permits any act or thing to be done in contravention or in violation of any of the provisions of this Bylaw, or who neglects to do or refrain from doing anything required to be done by any of the provisions of this Bylaw, shall be guilty of an offence and shall be liable to a fine of not more than $1,000.00, the penalties being enforced and the fines and costs being recoverable upon summary conviction.
## PART VII - SEVERABILITY
30. If any section, subsection or clause of the Bylaw is declared or held to be invalid by a court of competent jurisdiction, then that invalid portion shall be severed and the remainder of this Bylaw shall be deemed to have been enacted and adopted without the valid and severed section, subsection or clause.
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lemclullich
Mayor
unne
Administrator
TOWN
SEAS
Sebat
Certified true copy of Bylaw 2013-13 passe gly as of fion on day of June,, 2015.
Come take
Administrator
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## Town of Maidstone Bylaw No. 2015-13 Schedule "A"
## APPLICATION FOR A SPECIAL PERMIT FOR EXPLODING OF FIREWORKS
APPLICATION is herby made in accordance with the provisions of "Town of Maidstone Fireworks Bylaw No. 2015-13 by:
Please note: Proof of liability insurance in the amount of $2,000,000.00 must be submitted with this application.
## ORGANZATION INFORMATION PLEASE PRINT
Group or Organization:
Contact:
Signing Authority:
Address:
Telephone:
\_Cell: \_
For a special permit to explode fireworks on: the ...
day of
, 20. from \_ am/pm to \_ \_\_ am/pm at
(location) \_
Name of Fireworks Supervisor: \_
Address:
\_Telephone:
Signature of Property Owner
Signature of Fireworks Supervisor (if not owner)
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## THE TOWN OF MAIDSTONE'S SPECIAL PERMIT
PERMISSION is hereby granted in accordance with the provisions of "Town of Maidstone Fireworks Bylaw 2015-13 to:
Name of Organization:
Address & Telephone Number: \_
For the exploding of fireworks on the day of. \_ 20\_
from
- [ ] am/pm to
\_ am/pm at (location)
Proof of Liability Insurance received
Issued at the Town of Maidstone, Saskatchewan, thi...... \_day of →20
Signature of Designated Officer
The Town of Maidstone accepts no responsibility for liability or costs incurred as a result of authorizing this permit.
THIS PERMIT IS NOT TRANSFERABLE