The Corporation of the Town of Penetanguishene

Transcription

1 The Corporation of the Town of Penetanguishene By-law as amended Town of Penetanguishene Setting off of Fireworks By-law OFFICE CONSOLIDATION WORKING COPY By-law , as amended by By-laws: Revised September 29, 2013 The following consolidation is an electronic reproduction made available for information only. This is not an official version of the By-law(s). The Town of Penetanguishene does not warrant the accuracy of consolidated versions. This consolidation cannot be distributed or used for commercial purposes. Any other distribution must repeat this disclaimer. Official versions of all By-laws can be obtained from the Clerk s Office by calling (705)

2 THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW NUMBER Being a By-law to Regulate the Setting off of Fireworks and to Repeal By-law No WHEREAS pursuant to section 121, subsection (a) of the Municipal Act, 2001 S.O. 2001, chapter 25, as amended, provides that a local municipality may prohibit and regulate the sale of fireworks and the setting off of fireworks; AND WHEREAS pursuant to section 121, subsection (b) of the Municipal Act, 2001 S.O. 2001, chapter 25, as amended, provides that a municipality may prohibit the sale of fireworks and the setting off of fireworks 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 sections 425, 426 and 429 of the Municipal Act, 2001 S.O. 2001, chapter 25, states a municipality may pass By-laws providing that a person who contravenes a By-law of the municipality passed under this Act is guilty of an offence, no person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Act or under a By-law passed under this Act and a municipality may establish a system of fines for offences under a By-law of the municipality passed under this Act; AND WHEREAS section 436 of the Municipal Act, 2001 S.O. 2001, chapter 25, provides that the municipality has the power to pass By-laws authorizing the power of entry for the purpose of inspecting land to determine compliance with a By-law, direction, order, or condition of license; NOW THEREFORE the Council of the Town of Penetanguishene hereby enacts as follows: 1. DEFINITIONS In this By-law: 1.1 Act means the Explosives Act, R.S.C. 1985, c.e-17 and the Regulations enacted there under, as amended from time to time, or any Act or Regulations enacted in substitution thereof.

3 1.2 Canada Day shall mean July 1 of any given year. 1.3 Fire Chief means the Fire Chief of the Penetanguishene Fire Department and includes the Fire Chief s designate. 1.4 Fireworks" shall include the following devices: i) Explosive means anything that is made, manufactured or used to produce an explosion or a detonation or pyrotechnic effect, and includes anything prescribed to be an explosive by the regulations contained within the Explosives Act, R.S.C. 1985, c.e-17, but does not include gases, organic peroxides or anything prescribed not to be an explosive by the regulations; ii) iii) iv) Display Fireworks means high hazard fireworks generally used for community celebrations classified in Section 14 (6) in the regulations under the Explosives Act (Canada),commonly known as rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, barrages, bombardos, waterfalls, fountains, batteries illumination, set pieces, pigeons and firecrackers. Consumer Fireworks means low hazard fireworks generally used for recreational purposes classified in Section 14 (5)in the regulations under the Explosives Act (Canada), except Christmas Crackers, sparklers and caps for toy guns, and does include Fireworks showers, fountains, golden rain, lawn lights, pin wheels, Roman candles, and volcanoes. Firecracker means a class of fireworks which when ignited explodes with little or no visual effect, but does not include caps for toy guns or Christmas crackers. 1.5 Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. 1.6 New Year s means December 31 and January 1 of any given year. 1.7 Officer means a Municipal Law Enforcement Officer, a Police Officer or any other person designated by Council as responsible for the administration of this By-law from time to time. 1.8 Owner includes an assessed owner, tenant, leasee occupant or any person having an interest, whether equitable or legal, in the land.

4 1.9 Permit means written permission issued by the Town of Penetanguishene pursuant to this By-law Pyrotechnician means an individual responsible for the safe storage, handling, and functioning of pyrotechnics and pyrotechnic devices Set off includes any method of detonating or igniting a firework Town means The Corporation of the Town of Penetanguishene Victoria Day shall mean the first Monday on or before May 24 of any given year. 2. WORD USAGE 2.1 As used in this By-law, words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular. 2.2 The headings and subheadings used in this By-law shall not form a part of the By-law, but shall be deemed to be inserted for convenience of reference only. 3. GENERAL PROHIBITION DURING FIRE BAN 3.1 No person shall set off any fireworks when a fire ban is in effect. 4. CONSUMER FIREWORKS 4.1 No person shall set off consumer fireworks on any day or days during the year except on Victoria Day, Canada Day, New Year s Eve and New Year s Day and the seven (7) days immediately preceding and/or following each of these days. 4.2 Notwithstanding Section 4.1, a person may set off consumer fireworks on any day or days during the year where a Permit has been issued pursuant to this By-law. 4.3 No person shall set off any fireworks except between dusk and 12:00 midnight unless as permitted in Section Notwithstanding Section 4.3, no person shall set off any fireworks except between dusk on New Year s Eve and 1:00 a.m. of New Year s Day.

5 4.5 No person shall be in possession of any fireworks unless such person is at least eighteen (18) years of age. 4.6 No person shall set off consumer fireworks when the wind speed exceeds twenty-four (24) kilometers per hour. 4.7 No person shall set off consumer fireworks on or into any highway. 4.8 No person shall set off consumer fireworks on or into any land used for school purposes. 4.9 No person shall set off consumer fireworks on or into any park, parkette, trail, linear park, land used for storm water management, square, other public place or any land owned by the Town of Penetanguishene or any land of their boards or agencies without first obtaining a permit pursuant to this By-law No person shall set off consumer fireworks in, on or into any building, structure, or automobile No person shall set off consumer fireworks without limiting the generality of the foregoing, on any land whatsoever, except on land belonging to the person setting off the fireworks, or on other privately owned land where the consent of the owner has been obtained. 5. FIRECRACKERS 5.1 No person shall set off any fire crackers within the Town of Penetanguishene. 6. DISPLAY FIREWORKS/PYROTECHNIC SPECIAL EFFECTS 6.1 No person shall set off Display Fireworks/Pyrotechnic Special Effects on any day or days without being issued a Permit pursuant to this By-law. 6.2 Only persons who hold a valid certificate, for such, issued by the Explosive Regulatory Division of Natural Resources Canada are eligible to request approval to display or set off Display Fireworks/Pyrotechnics Special Effects. 6.3 Permit applications shall be submitted no less than thirty (30) working days (Saturday, Sunday, Statutory Holidays and days on which the

6 Corporation s administrative offices are closed are excluded) prior to the proposed event and shall include the following information; (a) A site plan drawn to approximately scale showing direction of firing, spectator viewing area, separation distances, positioning of ramps and mortars, overhead obstructions, parking areas, vegetation etc. (b) A statement of intent describing the event including time schedule of events, attendance estimates, details on the type, size, and number of fireworks to be used, firing procedures, emergency response procedures. (c) Written permission from the owner, lessee, and/or agent of the land where the display is to be held. 6.4 The Fire Chief has absolute discretion in granting approval and may solicit additional information from the applicant to complete an accurate assessment of the request. 6.5 Every applicant shall be required to produce evidence of comprehensive general liability insurance of the amount of no less than five (5) million dollars. This insurance shall include The Corporation of the Town of Penetanguishene as an additional insured when the display is on Town property. 6.6 The Fire Chief may impose conditions for approval as he considers necessary to ensure the safety of the public. 7. FEES 7.1 The cost for obtaining a permit shall be as set out in the Composite Fee Schedule By-law, as amended. 7.2 The fee for an inspection by the Fire Chief, when required by the Fire Chief, shall be as set out in the Composite Fee Schedule. 8. EXEMPTION 8.1 The Town of Penetanguishene s Canada Day event is exempt from applicable permit and inspection fees. All other requirements for display fireworks as outlined in section 6 above are still applicable.

7 9. POWERS OF ENTRY 9.1 An Officer may enter on a land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: a) The provisions of this By-law; 9.2 Where an inspection is conducted by the Town, an Officer may: a) Require the production for inspection of documents or things relevant to the inspection; b) Inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; c) Require information from any person concerning a matter related to the inspection including their name, address, phone number and identification; 9.3 Every Owner or Person occupying the property shall permit an Officer to inspect any land for the purposes as set out in this By-law. An Officer may be accompanied by a person under the Officer s direction. 9.4 Power of entry may be exercised by an Officer as defined in this By-law. 10. SEVERABILITY 10.1 If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this By-law and it is hereby declared that the remainder of this By-law shall be valid and shall remain in force Where the provisions of this By-law conflict with the provisions of any other by-law or Act, the more restrictive provisions shall apply. 11. ENFORCEMENT 11.1 An Officer as defined in the By-law is hereby vested with the authority to enforce this By-law.

8 11.2 Any permit issued under this By-law may be revoked if in the opinion of the Fire Chief, or his designate, or the Municipal Law Enforcement Officer the user is in contravention of this By-law. 12 PENALTY PROVISIONS 12.1 Every person who contravenes the provisions of this By-law and every Director or Officer of a Corporation, who knowingly concurs in the contraventions by the Corporation, is guilty of an offence and liable on conviction to a penalty that shall not exceed $100, 000 exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c.25, as amended For the purpose of continuous offences, every person who contravenes any provision of this By-law and every Director or Officer of a Corporation who knowingly concurs in the contravention of a By-law of the Corporation is guilty of an offence and liable on conviction to a penalty not exceeding $10, 000, exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c.25, as amended Despite the Section 12.2 and the provisions of the Municipal Act, 2001, S.O. 2001, c.25, as amended, the total of all daily fines for the offence is not limited to $100, For the purpose of multiple offences, every person who contravenes any provision of this By-law and every Director or Officer of a Corporation who knowingly concurs in the contravention of a By-law of the Corporation is guilty of an offence and liable on conviction to a penalty not exceeding $10,000, exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c.25, as amended Despite Section 12.4 and the provisions of the Municipal Act, 2001, S.O. 2001, c.25, as amended, the total of all daily fines for the offence is not limited to $100, It shall be an offence for a person to hinder or obstruct, or attempt to hinder or obstruct, an Officer who is exercising a power or performing a duty under the Municipal Act, 2001, as amended, or under a by-law passed under the Municipal Act, 2001, as amended Any Person who has been alleged to have contravened any of the provisions of a by-law passed under the Municipal Act, 2001, as amended, 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 the Officer s duties.

9 12.8 Any person deemed to be a young person who contravenes any provisions of this By-law is guilty of any offence and shall be served a summons in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33, sections 94, 95, 96 and Every person who contravenes any section of this by-law under a part l or part ll ticket, upon conviction shall be liable to a fine as provided for in the Provincial Offences Act R.S.O 1990, Chapter P.33 as amended Upon conviction any penalty imposed under this By-law may be collected under the authority of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended. 13. REPEAL 13.1 That By-law 1558 is hereby repealed in its entirety That any By-law or By-laws, or parts of any By-law or By-laws that are inconsistent with this By-law are hereby deemed repealed. 14. SHORT FORM TITLE 14.1 That this By-law shall be referred to as the Setting off of Fireworks Bylaw. 15. EFFECTIVE DATE 15.1 This By-law shall come into full force and effect upon receipt of the approval of the set fine schedules as issued by the Regional Senior Judge of the Ontario Court of Justice, Central East Region. BY-LAW read a first, second and third time and finally passed by Council on the 23 rd day of November, MAYOR Gerry Marshall CLERK Holly Bryce

10 THE CORPORATION OF THE TOWN OF PENETANGUISHENE Part 1 Provincial Offences Act BY-LAW NUMBER Being a By-law to Regulate the Setting off of Fireworks and to Repeal By-law No Page 1 of 1 Item Column 1 Short Form Wording Column 2 Provision Creating or Defining Offence Column 3 Set Fine 1. Set off fireworks during fire ban Section 3.1 $ Set off consumer fireworks on a prohibited Section 4.1 $ day 3. Set off fireworks at prohibited time Section 4.3 $ Possession of fireworks by a person under 18 Section 4.5 $ years of age 5. Set off fireworks when wind speed exceeds Section 4.6 $ KM per hour 6. Set off consumer fireworks on a highway Section 4.7 $ Set off consumer fireworks into a highway Section 4.7 $ Set off consumer fireworks on land used for Section 4.8 $ school purposes 9. Set off consumer fireworks into land used for Section 4.8 $ school purposes 10. Set off consumer fireworks on land owned by Section 4.9 $ the Town of Penetanguishene, without a permit 11. Set off consumer fireworks into land owned by Section 4.9 $ the Town of Penetanguishene, without a permit 12. Set off consumer fireworks in a building Section 4.10 $ Set off consumer fireworks in a structure Section 4.10 $ Set off consumer fireworks in an automobile Section 4.10 $ Set off consumer fireworks on a building Section 4.10 $ Set off consumer fireworks on a structure Section 4.10 $ Set off consumer fireworks on an automobile Section 4.10 $ Set off consumer fireworks into a building Section 4.10 $ Set off consumer fireworks into a structure Section 4.10 $ Set off consumer fireworks into an automobile Section 4.10 $250.00

11 21. Set off fireworks on land without the consent Section 4.11 $ of the owner 22. Set off fire crackers Section 5.1 $ Set off display fireworks without a permit Section 6.1 $ Set off pyrotechnic special effects without a Section 6.1 $ permit 25. Fail to permit an officer to inspect land Section 9.3 $ Hinder or obstruct an officer in execution of a duty Section 12.3 $ NOTE: The Penalty Provision for the offences indicated above is Section 12, of By-law , as amended