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HomeMy WebLinkAbout02 016 sale & use of fireworks e e e e THE CORPORATION OF THE MUNICIPALITY OF KINC INE BY-LAW NO. 2002-16 BEING A BY-LAW IN RESPECT TO THE SALE AND USE OF FIREWORKS AND FIRECRACKERþ I I I I I , WHEREAS pursuant to paragraphs 37,38, and 49 of Section 21~ of the Municipal Act, R.S.O. 1990, c.MAS, as amended, councils of loc I municipalities are authorized to pass by-law for the following: I I 37. For regulating the sale of fireworks or any class th~eof and for prohibiting the sale of fireworks or any class thereo on any days during the year specified in the by-law. I 38. For prohibiting or regulating the setting off of fireW~rkS or any class or classes thereof in the municipality or in any defi ed areas or areas thereof and for requiring a permit for the hol ing of fireworks displays and prescribing the conditions under whic fireworks displays may be held under such permit. I I 49. For making such other regulations for preventing fites and spread of fires as the council considers necessary. I NOW THEREFORE the Council of the Municipality of Kincardin~ ENACTS as follows: 1. Definitions In this by-law: i I "Act" means The Explosives Act R.S., c. E-15, s.1.1 i "Firecrackers" means a pyrotechnic device I that explodes instantaneously when ignited and does not mak~ any subsequent display or visible effect after the explosion, and I (i) includes those devices commonly kno n as Chinese firecrackers, but (ii) does not include paper caps containing n t in excess of an average of twenty-five one-hundredths of a grain of explosive used per cap, or device for use w th such caps. (a) (b) ../2 e Sale and Use of Fireworks and Firecrackers B -Law Bylaw No. 2002 - 16 Page 2 (c) "Family fireworks" means a pyrotechnic d vice producing quantities or effects of light, sound or smoke by t e combustion of explosive or flammable composition and includes Irework showers, fountains, golden rain, lawn lights, pin wheels, roman candles, sparklers, volcanoes and mines, but does not inclu e (d) (e) - (f) (i) firecrackers; (ii) articles or devices not classed under the A as shop goods. "Exhibition fireworks" means a manufactured p rotechnic device producing spectacular effects of light or sound of uch a nature that it is not classed under the Act as shop goods. i i Fire Chief shall mean the Fire Chief of the Kincarfline Fire Station, the Fire Chief of the Tiverton Fire Station and thel Fire Chief of the Paisley Fire Station. 1 By-law Enforcement Officer shall mean the By- aw Enforcement Officer of the Municipality of Kincardine. 2. Administration This by-law shall be administered by the Fire Chief or de ignate and By-law Enforcement Officer of the Municipality of Kincard ne. 3. General Provisions 3.1 (a) (b) e (c) (d) (e) Sale of Family Fireworks and Firecrackers No person shall sell, offer for sale, or have in their ossession, any firecrackers. The sale of family fireworks is prohibited except 0 days: (i) Victoria Day, Canada Day and Independen e Day (USA); (ii) Each of the six business days immediately receding Victoria Day, Canada Day and Independen e Day (USA). i Subject to subsection (d) no person shall sell, giVe or distribute family fireworks to any person under the age of 18 or; appears to be under 18 years of age and does not produce evidence that he/she is 18 years of age or older. I I Notwithstanding subsection (a), (b) and (c), a pers n may sell paper caps, toy pistols, toy cannon or toy guns for the use of such caps, the explosive content of which is not in exce s of twenty-five one-hundredths of a grain per cap. (f) No person shall have in their possession, sell, offe for sale, give or distribute any exhibition fireworks unless licensed 0 do so. e .../3 e Sale and Use of Fireworks and Firecrackers y-Law Bylaw No. 2002 - 16 Page 3 (g) Fireworks defined in Subdivisions 1, 3 and 4 of Di ision 2 of Class 7 of the Act are being displayed for sale they shall be displayed: (i) in lots that do not exceed 25 kilograms eac gross weight; (ii) in a package, glass case or other suitable r ceptacle away from inflammable goods; and (iii) in a place where they are not exposed to th rays of the sun or to excess heat; (iv) With a No Smoking sign posted at entrance to building; (v) With a sign posted that the sale of fireworks is prohibited to any person under the age of 18. 3.2 Discharge of Firecrackers No person shall discharge, fire or set off, or cause to be d scharged, fired or set off, any firecrackers. e 3.3 Displays of Family Fireworks (b) I I The setting off of family fireworks is prohibited except on the following days and time: i (i) Victoria Day, Canada Day and Independen Day (USA); (ii) The Saturday preceding or the Saturday foil wing Canada Day, Victoria Day and Independence Day ( SA); Between dusk and 12 p.m.; Notwithstanding the provision of the bylaw i~ relation to day and time, the Fire Chief may suspend the u~e of fireworks on "legal" days when a no burn order has been lissued. A person 18 years of age or over may hold a displ y of family fireworks on any land belonging to him/her or on a yother privately owned land where the owner thereof has given pe ission for such a display or discharge of fireworks provided such I nd is of an adequate size for the safe discharge of family firew rks. (iii) (iv) (a) e (c) No person shall use, set off or allow to be used or t off any firework(s) in such a place or in such a manner as ight create danger or constitute a nuisance to any person or p perty, or to do or cause or allow any unsafe act of commission or mission at the time and place for the setting off of any fireworks. i No person shall set off any firework(s) in or on or in~o any highway, street, lane or square; nor permit debris to fall upon~such sites provided that this shall not be deemed to prohibit a isplay of exhibition fireworks in a pUblic place in accordance with the provisions of this by-law. (d) (e) No person shall set off any firework(s) in or into an building, doorway, automobile, or other place where such se ing off might create a danger or nuisance to any person or prop rty. (f) No person under the age of 18 years shall set off a y firework(s). e ../4 e Sale and Use of Fireworks and Firecrackers B -Law Bylaw No. 2002 - 16 Page 4 (g) No person being the parent or guardian of any chil under the age of 18 shall allow the child to set off any firework(s). (h) No person under the influence of drugs or alcohol hall set off any firework(s) 3.4 Public Fireworks Displays (a) No person or group of persons shall hold a display f exhibition fireworks without first having obtained a permit to d so signed by the Fire Chief or Deputy Fire Chief of the Municipal of Kincardine and who is certified by the Explosive Regulatory Di ision to authorize permits. e (b) The application for a permit shall be made at least 0 weeks prior to the date on which it is desired to hold the displa of exhibition fireworks, stating place and time, and with what g up, and what protection they have. (c) A display of exhibition fireworks many only be held by a certified firework's supervisor. All persons must be certified Irework's supervisor Level 1. (d) A display of exhibition fireworks shall be conducted in conformance with Display Fireworks Edition #1 1999 Natural Re ources Canada and any subsequent edition. i . (e) All unused fireworks and all debris shall be remove by the group holding the display immediately following its conclu ion and disposed of following procedures as outlined in the Display Fireworks Manual Edition #1 1999 Natural Resour es Canada and any subsequent edition. e (f) A public advertisement shall be given at least one eek in advance of any exhibition firework's display. 4. Penalty 4.1 No Person shall fail to comply with regulations as stout in this by-law. 4.2 Every person who contravenes any provisions of t~iS by-law is guilty of an offence and on conviction is liable to a-~ne as provided in the attached Schedule "A". 4.3 The court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an rder prohibiting the continuation or repetition of the offence by the erson convicted, and such order shall be in addition to an other penalty imposed on the person convicted. e ...15 ----.i _ e e e e 5. Sale and Use of Fireworks and Firecrackers B -Law Bylaw No. 2002 - 16 Page 5 ~' This by-law will supercede any by-law that is in nflict with this by-law. - 6. This by-law shall come into full force and effect up n its final passing. 7. This by-law may be cited as the "Sale and Use of ireworks and Firecrackers, By-Law". READ a FIRST and SECOND time this 12th day of September, 001. READ a THIRD time and DEEMED TO BE PASSED this 13th dl.y of February, 2002. r I 1 I I CI rk MUNICIPALITY OF KINCARDINE SCHEDULE "A" TO BY-LAW NO. 2002 - 16 SALE AND USE OF FIREWORKS AND FIRECRACKERS BY-LAW SET FINE SCHEDULE ITEM COLUMN 1 COLUMN 2 COLUMN 3 DESCRIPTION OF PROVISIONS SET FINES OFFENCE CREATING OFFENCE INCLUDING COST 1. (Sell/give) person under 18 Section 3.1 (c) $250.00 years of age fireworks 2. Display fireworks in manner Section 3.1 (g) $125.00 not in accordance with by-law to wit: 3. (Display/sell) fireworks for Section 3.1 (b) $125.00 sale on days not permitted by by-law to wit: 4. Discharge fireworks on Section 3.3 (a) $250.00 (day/time of day) not permitted by by-law to wit: 5. (Display/offer for sale/sell) Section 3.1 (a) $250.00 (firecracker/banger) 6. Discharge Section 3.2 $250.00 (firecracker/banger) The penalty provisions for the offences indicated above is Section 3.0 of By-law Number 2002 - 16 a certified copy of which has been filed.