THE CORPORATION OF THE
TOWNSHIP OF RIDEAU LAKES
BY- LAW 2007-108
A BY-LAW TO PROHIBIT AND REGULATE
THE SALE OF FIREWORKS AND
THE SETTING OFF OF FIREWORKS
WHEREAS Section 121.(a) of the Ontario Municipal Act, 2001.
S.O. 2001
c.25
as amended provides that the Council may prohibit and regulate the sale of
fireworks
and the setting off of fireworks;
WHEREAS Section 121.(a) of the Ontario Municipal Act, 2001.
S.O. 2001
c.25
as amended provides that the Council may prohibit the activities described in
Section
121.(a), above, unless a permit is obtained from the municipality
for
those activities and may impose conditions for obtaining, continuing
to
hold and renewing the permit, including requiring the submission of
plans.
AND
WHEREAS Council for the Corporation
of the Town of Rideau Lakes
deems
it necessary for the safety and well being of the community to
prohibit
and regulate the setting off of fireworks and for requiring
permits
within the Corporation of the Township of Rideau Lakes;
NOW THEREFORE the Council of
the Corporation of the Township of Rideau Lakes hereby enacts as follows:
1. DEFINITIONS
1.1 “Fire Chief”
means the Chief of the Township of Rideau Lakes Fire Department;
1.2 “Firecracker”
means any class of Fireworks that explodes when
ignited and
does not make any significant display or visible effect
after the
explosion but does not include caps for toy guns or
Christmas
crackers;
1.3 “Fireworks”
means a pyrotechnic device or a substance that is
made,
manufactured or used to produce an explosion or
detonation
and includes Fireworks composition and manufactured
Fireworks
as defined in the Explosive Regulations made pursuant
to
the Explosives Act, R.S. c. E-15, s.1 as amended.
1.4 “Highway” includes a common and public
highway; a street; a lane; a county road; a township road and a bridge, within
the Township of Rideau Lakes forming part of a highway or on, over or across
which a highway passes
1.5 “Person” includes a partnership, sole
proprietorship or corporation
1.6
Public Fireworks Display” means an
exhibition of Fireworks in an open air assembly, occupancy
to which the
public is invited, attends or admitted, with or without a fee being charged.
It
is hereby declared for greater certainty that, on land belonging to a private
residence, occupied by the owner, tenant or an authorized person of the
residence, that the setting off of Fireworks for their own personal display
shall not be deemed to be a Public Fireworks Display.
2. Prohibition
2.1 No person shall
set off any Firecracker within the Township of Rideau Lakes.
2.2 No person shall
set off any Fireworks in, on or onto any building,
highway, sidewalk, municipal park or municipal
property, from any vehicle, marine vessel or floating device.
2.3 No person shall set
off any Public Fireworks Display unless they
have
received a permit issued by the Fire Chief.
2.4 Selling
Fireworks shall be dealt with pursuant to Section 5.1 of the Township of Rideau
Lakes.
Fireworks
By-Law.
2.5 No person shall
sell or cause or permit to be sold any Fireworks to
a
person who is less the 18 years old.
2.6 No person shall
set off any Fireworks within fifteen (15) meters of any
building,
tent, trailer or motor vehicle.
3. Permits for
Public Fireworks Display
3.1 A permit may be
issued by the Fire Chief for a Public Fireworks
Display
on any land if the requirements listed in this section are
met.
3.2
An application form has been
completed as set out in “Schedule B” and
the
application fee has been paid in full.
3.3 Filed with the
application form shall be a current and up to date site
plan
with dimensions showing:
(a) the
location of the proposed Public Fireworks Display
(b) the
access to be provided for fire and emergency vehicles.
(c) the
free zone area for clear distance between the point of
launch and an occupied area.
(d) a
copy of the supervisor card from the federal body regulating
fireworks for each person so carded.
(e) a
list of those assisting with the set up and display showing their
names and date of birth.
(f) a
firing list of all pyrotechnics to be used in the show including
quantity of each.
(g) the
location and precautions being taken for the storage of the
pyrotechnics until set up and display
3.4 Filed with the
application form shall be a statement of the safety
measures
being implemented.
3.5 Filed with the application form shall be
a Certificate of Liability Insurance certifying the permit being applied for is
insured against general liability and property damage claims, in the minimum
amount of Five Million Dollars ($5,000,000.00) inclusive for any one
occurrence, Said policy shall name The Corporation of the Township of Rideau
Lakes as an additional insured, Said policy shall be endorsed to provide that
the policy will not be altered, cancelled or allowed to lapse without ten (10)
days prior written notice to the Corporation.
3.6 The Fireworks shall only be set off on
the day or days specified by the permit.
3.7 The application fee shall be as set out
in “Schedule B” for a Public Fireworks Display that does not
include any Fireworks as defined in Class 7 Division 2 Subdivision 2 of The
Explosives Regulations made pursuant to the Explosives Act, R.S. c. E-15, s.1,
as amended.
3.8 The application fee shall be as set out
in “Schedule B” for a Public Fireworks Display that does include any
Fireworks as defined in Class 7 Division 2 Subdivision 2 of The Explosives
Regulations made pursuant to the Explosives Act, R.S. c. E-15, s.1, as amended.
3.9 The Fireworks shall only be set off by a
person currently certified as a Fireworks Supervisor Level I or Level II by the
Explosives Regulatory Division of Natural Resources Canada.
3.10 The permit may be suspended or revoked by
the Fire Chief if the conditions of the permit are not being met or it is
determined by the Fire Chief that it would be unsafe to allow the Public
Fireworks display.
3.11 Notwithstanding the forgoing sections, the
Fire Chief may require any additional information of the applicant to ensure
the public’s safety and may impose additional conditions on the issuance of a
permit as he deems advisable in the particular circumstances of the
application.
4. Exemption
4.1 It is hereby declared for greater
certainty that, on land belonging to a private residence, occupied by the
owner, tenant or an authorized person of the residence, that the setting off of
Fireworks for their own personal display shall not be deemed to be a Public
Fireworks Display.
4.2 Additionally, the display described in
Section 5.1 shall not include any Fireworks as defined in Class 7 Division 2
Subdivision 2 of The Explosives Regulations made pursuant to the Explosives
Act, R.S. c. E-15, s.1, as amended.
4.3 Additionally a special exemption may be
granted upon application to the Fire Chief for a display outside the times
indicated in section 5.1 for special events or activities.
5. Sale of Fireworks
5.1 No person shall sell at retail in the
Township of Rideau Lakes class 7, division 2, subdivision 1 fireworks at any
time during the calendar year except in accordance with the following
provisions.
(1) no person shall sell
such fireworks to anyone under 18 years of age.
(2) no person shall exhibit such fireworks
in any display window except imitations of fireworks containing no explosive or
chemical.
(3) no person shall sell such fireworks on
any lands except on lands designated for retail sales pursuant to the zoning
by-laws of the Township of Rideau Lakes.
(4) no person shall sell such fireworks
except from a supervised display not readily accessible to children.
(5) no person shall sell such fireworks
except from a building equipped with adequate safeguards against fire and
(6) no person shall store such fireworks
except in a cool dry place, remote from flammable materials and out of the
reach of children.
6 Validity
6.1 Should any section, subsection, clause,
paragraph or provision of this By-Law be declared by a Court of competent
jurisdiction to be invalid or illegal for any other reason, such offending
section or part shall be deemed to have been severed from this By-Law and the
remaining sections or parts shall continue in full force and effect and shall
remain valid and binding.
7 Offence and Penalty
7.1 Every person who contravenes any of the
provisions of this by-law is guilty of an offence and upon conviction is liable
to a fine of not more than $5,000.00 as provide for in the Provincial Offences
Act R.S.o., 1990, P33, as amended.
7.2 In addition to any other penalty
prescribed by this by-law, any “person” who contravenes any provision of this
by-law is guilty of an offence and is liable to a fine or penalty for each
offence established pursuant to the Provincial Offences Act and included within
“Schedule C” forming part of this by-law.
Effective Date of By-Law
This By-Law shall come into full force
and take effect from the date of its final passing.
Read a first and second time this 17th day of
December 2007.
_____________________________ ______________________________
Ronald E. Holman Dianna
G. Bresee
Mayor Clerk
Read a third time this 17th day of December 2007.
_____________________________ ______________________________
Ronald E. Holman Dianna
G. Bresee
Mayor Clerk
"SCHEDULE
A”
THE CORPORATION OF
THE TOWNSHIP OF RIDEAU LAKES
APPLICATION FOR
PERMIT TO DO A PUBLIC FIREWORKS DISPLAY
LOCATION OF PUBLIC
FIREWORKS DISPLAY
Ward____________________________________________________________________________
Lot________________
Conc.___________________ EHS/WHS____________ PLAN_________
Street and
Number__________________________________________________________________
OWNER OF PROPERTY WHERE
DISPLAY WILL OCCUR
Name______________________________________________________________________________
Address____________________________________________________________________________
Phone:
Residence________________________ Business_______________________
Fax___________
I, ________________________________,
consent to the Display of Fireworks from my property.
(owner of
property)
___________________________
(Signature
of owner)
VENDOR OF FIREWORKS
Name____________________________________________________________________
Address__________________________________________________________________
Phone:
Residence________________________Business__________________ Fax___________________
APPLICANT FOR FIREWORKS PUBLIC
DISPLAY PERMIT
I,
___________________________, do solemnly declare that I have appointed
( head of organization holding)
__________________________,
as my agent for the purposes of this Fireworks Public Display application.
(name of displayer)
____________________________
(Signature of head of
organization)
I,
___________________________, do solemnly declare that the information provided
in this application
(name of applicant/displayer)
is true and correct.
__________________________________ ____________________________
(Date)
(Signature of applicant)
Requirements for Schedule
A (to be attached)
(a) the
location site plan of the proposed Public Fireworks Display
(b) the
access to be provided for fire and emergency vehicles.
(c) the
free zone area for clear distance between the point of
launch and an occupied area.
(d) a
copy of the supervisor card from the federal body regulating
fireworks for each person so carded.
(e) a
list of those assisting with the set up and display showing their
names and date of birth.
(f) a
firing list of all pyrotechnics to be used in the show including
quantity of each.
(g) the
location and precautions being taken for the storage of the
pyrotechnics until set up and display
“SCHEDULE B”
THE CORPORATION OF
THE TOWNSHIP OF RIDEAU LAKES
PERMIT FEES
1. Application fee for a Public Fireworks Display $10.00
Which does not include Class 7 Division 2
Subdivision 2
Fireworks
2. Application fee for a Public Fireworks Display $50.00
Which does include Class 7 Division 2
Subdivision 2
Fireworks
“SCHEDULE C”
THE CORPORATION OF
THE TOWNSHIP OF RIDEAU LAKES
Part 1 Provincial Offences Act
By-Law #2007-108, Fireworks
1. Exhibit fireworks in a window Sec.
5.1 (2) $150.00
2. Sell fireworks on lands not zoned retail Sec.
5.1 (3) $200.00
3. Sell fireworks from a unsupervised and child Sec.
5.1 (4) $150.00
accessible display
4. Store fireworks in a location which poses a fire Sec.
5.1 (5) $200.00
And explosion hazard
5. Set off any firecracker within the Township Sec.
2.1 $100.00
6. Set off a public fireworks display without a
permit Sec. 2.5 $500.00
7. Set off any fireworks on or onto any building Sec.
2.4 $150.00
8. Set off any fireworks on or onto a highway Sec.
2.4 $150.00
9. Set off any fireworks on or onto any sidewalk Sec.
2.4 $150.00
10. Set off any fireworks on or onto any municipal Sec.
2.4 $150.00
park
11. Set off any fireworks on or onto any municipal Sec.
2.4 $150.00
property
12. Set off any fireworks from any vehicle Sec.
2.4 $150.00
13. Set off any fireworks from any marine vessel Sec.
2.4 $150.00
14. Set off any fireworks from any floating device Sec.
2.4 $150.00
15. Set off any fireworks within fifteen (15) meters Sec.
2.9 $200.00
of any building
16. Set off any fireworks within fifteen (15) meters Sec.
2.9 $200.00
of any tent
17. Set off any fireworks within fifteen (15) meters Sec.
2.9 $200.00
of any trailer
18. Set off any fireworks within fifteen (15) meters Sec.
2.9 $200.00
of any motor vehicle
19. Sell fireworks to a person under 18 years of age Sec.
5.1 (1) $500.00
