TOWN OF FORT NELSON THE FIREARMS AND FIREWORKS REGULATION BYLAW #410, 1991

Transcription

1 TOWN OF FORT NELSON THE FIREARMS AND FIREWORKS REGULATION BYLAW #410, 1991

2 Town of Fort Nelson Page 1 A Bylaw of the Town of Fort Nelson (hereinafter called the 'Town') to prohibit the discharging of firearms and to regulate the sale, use and possession of fireworks. WHEREAS Council deems it expedient and in the public interest to prohibit the discharging of firearms; AND WHEREAS it is provided by Section 932(e) of the Municipal Act, that the Council may by bylaw regulate or prohibit the sale or disposal to any person of firecrackers and other fireworks of every nature or kind; AND WHEREAS it is provided by Section 933(1)(a) of the said Municipal Act that the Council may, by bylaw, applicable throughout the Municipality regulate or prohibit, inter alia, the exploding of firecrackers or other fireworks; AND WHEREAS it is provided by Section 933(1)(a) of the said Municipal Act that the Council may, inter alia, authorize the issuance of a permit to any person or organization for the use of firecrackers or other fireworks of any nature or kind and may specify the terms and conditions thereof. NOW THEREFORE, the Council of the Town of Fort Nelson, in open meeting assembled, enacts as follows: 1. CITATION (1) This bylaw may be cited as 'The Firearms and Fireworks Regulation '. 2. REPEAL (1) This bylaw repeals 'The Firearms and Fireworks Regulation Bylaw #35, ' 3. REGULATIONS (1) In this bylaw, 'Person' shall include any corporation, organization, partnership, association, society, or any party. (2) No person shall, within the Town boundaries, discharge any firearms, including an air gun, air rifle, air pistol or spring gun excepting a police constable, Animal Control Officer or other person carrying out duties prescribed by Statute or Bylaw.

3 Town of Fort Nelson Bylaw #410, 199 Page 2 (3) No person shall, at any time, sell, give, possess, or set off, low-hazard fireworks as defined in Class of the Canadian Explosive Act, such as firework showers, fountains, golden rain, lawn lights, pin wheels, Roman candles, volcanoes, but excluding sparklers, Christmas crackers and caps for toy guns, except under the following conditions: (a) fireworks may be sold, given, possessed, or set off between the 24th day of October and the 1st day of November, inclusive, in any year (b) persons 18 years of age and over only, may sell, give, possess, or set off fireworks (c) fireworks shall be set off only on private propert with consent of the owner being first obtained where necessary, or on public property with the written permission of the Local Assistant to the Fire Commissioner (8) notwithstanding Section 3(a), fireworks may be sold, given, possessed or set off at any time by any person conducting a public display if such public display is held with the written permission of the Local Assistant to the Fire Commissioner. (4) No person all at any time sell, give, possess or set off high-hazard fireworks as defined in Class of the Canadian Explosives Act, such as rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, barrages, bombardos, waterfalls, mines, except under the following conditions: (a) permission must first be obtained from the Local Assistant to the Fire Commissioner, having jurisdiction in the Town of Fort Nelson, such permission being in the form of a Special Permit, as shown in Schedule 'A' to this bylaw (b) each individual applying for a Special Permit, in accordance with the provisions of Section 3(a), must be the individual supervising the setting off of the fireworks and shall possess a Val Fireworks Supervisor Card issued by the Explosiv Branch of Energy, Mines and Resources. Canada (c) sale of fireworks shall be only to a person

4 Town of Fort Nelson Page 3 e and display for sale of any fireworks, as governed by this bylaw, shall be in accordance with the Federal Explosives Regulations. (6) Any person found to be in possession of any fireworks as classified in Section 3 and 4 of this bylaw, and in violation of this bylaw, shall forthwith surrender the fireworks to the Local Assistant to the Fire Commissioner, or the local police, and said Local Assistant or police shall be authorized to seize and confiscate said fireworks without any compensation to the person found to be in possession. (7) Every person contravening or committing any breach of, or committing any offense or infraction against any of the provisions of this bylaw, shall be liable, on summary conviction before any Court having jurisdiction, to a fine of not more than one thousand ($1,000.00) dollars. 4. EFFECTIVE DATE This bylaw shall take effect upon reconsideration, final passage and adoption. READ a first time this 25th day of March, READ a second time this 25th day of March, READ a third time this 25th day of ~irch, RECONSIDERED, FINALLY PASSED AND ADOPTED this 8th day of April, CERTIFIED a true & correct copy of 'The Firearms and Fireworks Regulation as adopted by the Council of the Town Of Fort Nelson. Town Clerk

5 Page 4 the presence of: as hereto affixed i Frank ~ M e r Mayor Z Town Clerk \

6 Schedule 'A' to Bylaw No. 401, 1991 APPLICATION TO PURCHASE Town of Fort Nelson Page 5 Class Hiqh-Hazard Fireworks for Recreation NOTE : 1. Applicant must be the person supervising the firing of the fireworks. 2. Submit application to supplier with your order. 3. Please Print. NAMEOF APPLICANT: AGE HAILING ADDRESS : POSTAL CODE: f HEREBY HAKE APPLICATION TELEPHONE TO PURCHASE FIREWORKS ON BEHALF OF HYSGF SPONSORING OR ORGANIZATION ADDRESS: LOCATION OF DISPLAY: DATE: TIME : I CERTIFY THAT 1 have read, understand and will be guided by the principles and safety rules of the fireworks manual and by the specific instructions of the manufacturer governing a particular firework. Fireworks Supervisors Card No. Expiry Date

7 PERHISSION OF LOCAL AUTHORITY Town of Fort Nelson Page 6 NOTE : To be completed by the local authority having jurisdiction over fireworks displays The applicant has complied with local requirements and has permission to hold fireworks display at the location and time mentioned above. Signature of Local Authority: