CORPORATION OF THE TOWN OF BRADFORD WEST GWILLIMBURY BY-LAW

Transcription

1 CORPORATION OF THE TOWN OF BRADFORD WEST GWILLIMBURY. \ BY-LAW BEING A BY-LAW OF THE CORPORATION OF THE TOWN OF BRADFORD WEST GWILLIMBURY TO REGULATE THE SALE AND SETTING OFF OF FIREWORKS WITHIN THE LIMITS OF THE CORPORATION OF THE TOWN OF BRADFORD WESTGWILLIMBURY AND THE PRECAUTIONS TO BE OBSERVED. WHEREAS pursuant to the Municipal Act, R.S.O. 1990, Chapter M.45, Section 210 (37) (38), by-laws may be passed by Councils of local municipalities to prohibit or regulate the sale and setting off of fireworks and for requiring a permit for the holding of fireworks displays and for prescribing the conditions under which fireworks displays may be permitted; AND WHEREAS the Council of the Corporation of the Town of Bradford West Gwillimbury deems it necessary and expedient to enact a By-Law to prohibit or regulate the sale and setting off of fireworks within the limits of the Corporation of the Town of Bradford West Gwillimbury and the precautions to be observed; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRADFORD WEST GWILLIMBURY ENACTS AS FOLLOWS: 1. DEFINITIONS for the purpose of this By-Law: (A) (B) "Council" means the Council of the Corporation of the Town of Bradford West Gwillimbury. "Fireworks" shall consist of the following devices: (i) (ii) (iii) "Display Fireworks" shall mean a device or devices classed by the Department of Energy, Mines and Resources as High Hazard Fireworks Class being the type used at public gatherings and includes but is not limited to rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, barrages, bombardos, waterfalls, fountains and mines. "Family Fireworks" shall mean a device or devices classed by the Department of Energy, Mines and Resources as Low Hazard Fireworks Class used for recreation which includes but is not limited to firework showers, fountains, golden rain, lawn lights, pinwheels, roman candles, volcanoes and sparklers. "Firecracker" shall mean a noise-producing device which uses a chemical compound and entwined fuses and which are designed and used primarily as noisemakers.

2 -2- (C) (D) (E) "Permit" means an Application for Display Fireworks Permit as set forth in Schedule "A" of this By-law, and issued by the Fire Department of the Town of Bradford West Gwillimbury. "Person" includes both a corporation and a natural individual. Where a Person is a minor, "Person" includes the parent or guardian of the minor. "Sale" shall include all attempts or offers to sell or invitations to purchase, whether by express act or implication. 2. SALE OF FIREWORKS AND FIRECRACKERS (A) (B) (C) (D) (E) (F) No person shall sell or otherwise provide Firecrackers in the Town of Bradford West Gwillimbury. No person shall sell or otherwise provide Family Fireworks in the Town of Bradford West Gwillim bury except for a period of ten (10) days prior to and including the day in the month of May designated as Victoria Day, and for a period often (10) days prior to and including Canada Day. No person shall sell or otherwise provide Family Fireworks to any person under the age of eighteen (18) years. No person shall sell or otherwise provide Display Fireworks to any person under the age of twenty-one (21) years. Where Fireworks are offered for sale, they shall not be located at or near a means of access or egress to any building or room. No person shall sell Fireworks in the Town ofbradf ord West Gwillimbury without displaying in his shop or place of business in a clearly visible location at a point adjacent to the Fireworks being sold, a complete copy of this By-Law known as By-Law , as amended from time to time. 3. DISPLAY AND STORAGE OF FIREWORKS The storage, sale and handling of Fireworks shall be in conformance with the Ontario Fire Code, the Explosives and Fireworks R~gulations made thereunder and all other applicable legislation. 4. SETTING OFF OF FIRECRACKERS No person shall set off Firecrackers in the Town ofbradf ord West Gwillimbury.

3 5. SETIING OFF OF FAMILY FIREWORKS -3- (A) (B) (C) (D) No person shall set off Family Fireworks except on Canada Day or the day designated as the Victoria Day holiday, as well as the two days immediately preceding and following the same. No person shall set off any Fireworks on any public land without advance written approval from the Council of the Town of Bradford West Gwillimbury. No person shall set off any Family Fireworks in any building or vehicle. Every person who sets off Family Fireworks shall take all steps reasonably necessary, as would a reasonable and prudent person, to ensure that no harm to persons or damage to property shall result. 6. SETIING OFF OF DISPLAY FIREWORKS (A) (B) No person shall set off Display Fireworks in the Town of Bradford West Gwillimbury except pursuant to the terms of a Permit issued for such purpose and in compliance with the provisions of this By-Law and all other applicable laws. The Fire Chief of the Town of Bradford West Gwillimbury or his designate shall issue a Permit based on the following criteria: (i) (ii) (iii) (iv) Each permit application shall state the name of the club, association or group to whom the same is issued, the purpose of the display, the place and date at which and on which the same may be held, and the name of the person under whose supervision the same shall be held, together with any special conditions imposed by the Chief of the Fire Department to promote the health and safety of the public at the event. A Permit may only be issued to a service club, association or group. A Permit may be issued for the purpose of celebrating Victoria Day or Canada Day. Where an applicant wishes to celebrate any other event, it must obtain the approval in writing of the Council of the Town of Bradford West Gwillimbury prior to applying for a Permit. If the Display Fireworks are to be held on public land, the approval in writing of the Council of the Town of Bradford West Gwillimbury must be obtained by the applicant prior to applying for a Permit.

4 -4- (v) (vi) (vii) If the Display Fireworks are to be held on private land, the approval in writing of the registered land owner must be obtained by the applicant prior to applying for a Permit. Display Fireworks shall only be set off under the supervision of a person of not less than 21 years of age who is certified as a Fireworks Supervisor and is in possession of a valid Fireworks Supervisors Card as issued by Energy, Mines and Resources Canada. No permit shall be issued for a location within 150 meters of a Nursing Home, Public Hospital, Home for Aged, any premises or place where explosives, gasoline or other highly inflammable substances are manufactured, sold or stored, or within 150 meters of a church or a public, separate, secondary or other school. (viii) The Permit fee shall be $ (ix) Every applicant shall provide with the Permit proof of Liability Insurance with a minimum coverage of one million dollars ($1,000,000.00) for each event before a Permit will be issued. 7. Every person who sets off Display Fireworks shall take all steps reasonably necessary, as would a reasonable and prudent person, to ensure that no harm to persons or damage to property shall result. 8. It is hereby declared for greater certainty that for the purposes of this By-Law, the setting off of Family Fireworks on Victoria Day or Canada Day or the two days immediately preceding or on the two days immediately following Victoria Day or Canada Day on land appurtenant to a private residence by the owner or tenant of such resident or a person authorized by him so to do shall not be deemed to be Display Fireworks as defined in this By-Law; and the sale or setting off of pyrotechnical signalling devices for marine, military or railway purposes shall not be deemed to be respectively the sale or setting off of Fireworks. 9. PENALTY Every person who contravenes any provision of this by-law is guilty of an offence and liable upon conviction to a penalty not exceeding $5,000.00, exclusive of costs and the provisions of the Provincial Offenses Act, R.S , C. P.33, as amended, shall apply to the said fine.

5 REPEAL SECTION That By-Law No is hereby repealed. 11. SHORT TITLE This By-law shall be cited as the Fireworks By-law. 12. FORCE AND EFFECT This By-Law shall come into full force and effect upon the day of final passage thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 22ND DAY OF APRIL, 1996.

6 SCHEDULE "A" BRADFORD WEST GWILLIMBURY FIRE DEPARTMENT APPLICATION FOR DISPLAY - FIREWORKS PERMIT No.: Date of Display Time of Display Name of Organization/Applicant Address of Organization/Applicant Purpose of Event Name of Agent ~ Address of Agent Location of Display Letter of permission obtained for event on Public Land Private Land Liability Insurance: Insurance Co: Policy No.: Insurance Agent: Name of Fireworks Supervisor:.,... Address of Fireworks Supervisor: Card Number: Expiry Date: The applicant acknowledges having read the Fireworks By-Law and agrees that the Corporation of the Town of Bradford West Gwillimbury assumes no responsibility for loss of property or personal damage resulting from the aforementioned Display Fireworks event and hereby agrees to indemnify and hold harmless the Town of Bradford West Gwillimbury from any and all claims whatsoever arising therefrom. Agent Director of Organization SPECIAL CONDITIONS Approved by: Bradford West Gwillimbury Fire Department Date NOTE: When approved, this application becomes the "Permit".

7 PROVINCIAL OFFENCES ACT IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court (Provincial Division), that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No as amended of the Corporation of The Town of Bradford West Gwillimbury, attached hereto, is the set fine, for those offences to take effect December 12th,, DATED at Lindsay this 12th day of December, John Df Regioif~ centr~1 Ontai'io Evans Senior Judge East Region Court (Provincial Division)

8 r r '!. ' - ' OFFICE OF THE REGIONAL SENIOR JUDGE CENTRAL EAST REGION ONTARIO COURT OF JUSTICE (PROVINCIAL DIVISION) 440 KENT STREET WEST P.O. BOX4000 LINDSAY, ONTARIO K9V 5P2 CABINET DU JUGE PRINCIPAL REGIONAL REGION DU CENTRE-EST COUR DE JUSTICE DE L'ONTAAIO (DIVISION PROVINCIALE) 440 RUE KENT OU EST C.P LINDSAY (ONTARIO) K9V 5P2 TELEPHONE/TELEPHONE (705) FAX/TELECOPIEUR (705) December 12th, 1996 Ms. Juanita Dempster-Evans, AMCT, CMM Clerk-Administrator Town of Bradford West Gwillimbury P.O. Box 160 Bradford, Ontario LJZ 2A8 Dear Ms. Dempster-Evans: Re: set Fines - Town of Bradford West Gwillimbury Enclosed herewith is a copy of an Order and a copy of the schedules of set fines for Bylaw No as amended the Bylaw indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded a copy of the Order and the schedules of the set fines to the Ontario Court (Provincial Division) in Orillia. John 1 o. D. Evans Reg~o al Senior Judge Centt al East Region n/ Enclosures

9 ,, THE CORPORATION OF THE TOWN OF BRADFORD WEST GWILLIMBURY BY-LAW FIREWORKS BY-LAW SHORT FORM WORDINGS/SET FINES 4 Item J2'. { yr i JS' 3 W' *?8' 5. IM b '12' 7?Z ~ fra' 'f 95". ID J.B' IJ Yf 12 pg-1~ COLUMN 1 COl.UMN 2 COLUMNS SllOR'l' form WORDINGS SECTION# SET FINE includin~ costs. sell/ provide firccrackcr(s) $ (A) sell/provide Family fireworks - time not permitted $ (B) ' sell/ provide Family firworks to person under 18 years of age $ (C) sell/ provide Display fireworks lo person under 21 years of age $ (0) locate fireworks for sale al/near acct!ss/egress lo building/room $ (E) sell Fireworks without displaying copy of by-law $ (F) set off fireworks $90.00 set off Family Fireworks - day not permitted $ (A) set off fireworks on public land without approval $ (B) set off Family Fireworks in building/vehicle $ (C) set off Family Fireworks - fail to take necessary precautions $ (0) set off Display Fireworks without Permit/ contrary to conditions of Permit $ (A) set of Display Fireworks - fail to take necessary precautions $ NOTE: The penalty provision for the offences listed above is Section 9 of By-law , a copy of which has been filed. ~