The Corporation of the Municipality of Meaford

Transcription

1 The Corporation of the Municipality of Meaford By-law Number Being a by-law to regulate fireworks and prohibit firecrackers by adopting the requirements imposed by the Explosives Act, R.S.C. 1985, c. E-17, as amended, (the Explosives Act (Canada) ) and to regulate and prohibit the use of firearms within the Municipality of Meaford Whereas, section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, (the Municipal Act, 2001 ) provides that powers of every Council are to be exercised by by-law unless specifically authorized to do otherwise; and Whereas, pursuant to section 119 of the Municipal Act, 2001, a municipality may, for the purpose of public safety, prohibit or regulate the discharge of firearms and other similar devices; and Whereas, section 121 of The Municipal Act, 2001, permits a municipality to prohibit and regulate the sale of fireworks and the setting off of fireworks; and Whereas, the Council of the Corporation of the Municipality of Meaford deems it expedient, necessary and in the public interest to prohibit and regulate the sale of fireworks and the setting off of fireworks and to regulate the discharge of firearms for the purpose of public safety. Now therefore, the Council of The Corporation of the Municipality of Meaford enacts as follows: 1.0 DEFINITIONS: In this By-law: Authority Having Jurisdiction (AHJ) means the individual authorized by Natural Resources Canada to authorize fireworks display; Chief Fire Official means the Fire Chief or any person designated by the Fire Chief; By-law Page 1 of 19

2 Clerk means the Clerk of The Corporation of the Municipality of Meaford; Consumer Fireworks means outdoor low-hazard fireworks generally used for recreational purposes, including, but not limited to, showers, fountains, golden rain, lawn lights, pin wheels, Roman candles, volcanoes, sparklers, caps for toy guns and Christmas crackers1; Display Fireworks means high-hazard fireworks generally used for public display and community celebrations, including but not limited to rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, barrages, bombardos, waterfalls, fountains, batteries, illumination, set pieces, pigeons and firecrackers2; Family Fireworks means an outdoor, low-hazard, recreational fireworks event that is classed as a Subdivision 1 of Division 2 of Class 7 Fireworks under the Federal Explosives Act and the regulations thereto; Firearm means a barreled or other weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person or persons, and for the purpose of this by-law shall also include an air gun, pellet gun BB gun, paint ball marker, cross bow, long bow, re-curve bow, traditional bow and compound bow, or anything that can be adapted for use as a firearm; Firecrackers means a class of fireworks which, when ignited explode with a loud sound, but little or no visual effect, but does not include caps for toy guns or Christmas crackers; Permit means a permit issued under this by-law; Municipality means the Corporation of the Municipality of Meaford; Officer means a Municipal Law Enforcement Officer, Police Officer, Chief Fire Official or their designate; and 1Consumer fireworks are dealt with in Part 12 of Regulation C.R.C., Chapter 599 of the Explosives Act (Canada) and are classified as Type F.1 explosives in the Regulation 2Display fireworks are dealt with in Part 13 of Regulation C.R.C., Chapter 599 of the Explosives Act (Canada) and are technically called fireworks in Subdivision 2 of Division 2 in the Regulation By-law Page 2 of 19

3 Owner means any person, firm or corporation having control over any portion of the building or property under consideration and includes the persons in the building or property. 2.0 General Prohibitions/Provisions - Firearms 2.1. The provisions of this section shall apply to all discharges of firearms within the boundaries of the Municipality of Meaford. 2.2 Nothing in this section shall be interpreted as reducing or eliminating the need for full compliance with the provisions of all applicable Federal and Provincial Statutes and Regulations, including, but not limited to, the Criminal Code, R.S.C. 1985, c. C-46; the Firearms Act, S.C. 1995, c. 39; the Migratory Birds Convention Act, 1994, S.C. 1994, c.22; and the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c No person shall allow to discharge, or cause the discharge of, any firearm or any class or type thereof as defined under this by-law within the boundaries of the settlement areas and on the Georgian Trail within the Municipality of Meaford, as shown on the attached Schedule A, for the use of hunting, as regulated by Ministry of Natural Resources. 2.4 The following persons may discharge any firearm or any class or type thereof as defined under this by-law, within the Municipality of Meaford: (a) Peace Officers, Conservation Officers, Animal Control Officer or Police Officers discharging a firearm in the course of carrying out their lawful duties. 2.5 Within those areas not prohibited by Section 2.3, the discharge of any firearm or any class or type thereof shall be permitted by any person provided it is in accordance with any applicable regulations contained within Section General Prohibitions/Provisions - Fireworks 3.1 The provisions of this section apply to the discharge of all fireworks within the boundaries of the Municipality. 3.2 No person shall discharge, fire, set off, or cause to be set off, any fireworks when a fire ban is in effect. By-law Page 3 of 19

4 3.3 No person shall discharge, fire, set off, or cause to be set off, any fireworks on public property, including public parks, without the approval of and having received a permit from the Chief Fire Official, through the application process determined by the Chief Fire Official. 3.4 The person or persons, as the case may be, to whom a permit is issued shall, as part of the permit process, provide proof of insurance in the name of the Municipality of Meaford in an amount not less than $2,000, with respect to public liability and property damage, to protect the Corporation in respect of bodily injury and death, and property damage liability, which may result or arise out of the holding of the fireworks display and to indemnify the Corporation for damage to or destruction of Municipality of Meaford property that may occur by reason thereof. 3.5 No Person or persons shall discharge, fire, set off, or cause to be set off any fireworks within 150 meters of a nursing home, public hospital, home for the aged or within 150 meters feet of a church or a public, separate, elementary, secondary or other school, without a permit and the consent of the owner of such church or school, or an agent or representative of such owner is obtained. 3.6 If the fireworks display is to be held on property other than that owned or occupied by the applicant, the written consent of the owner or occupant of such property shall be first obtained and submitted together with the application. 4.0 Sale of Fireworks or Firecrackers 4.1 No person shall sell or offer for sale any firecrackers within the Municipality of Meaford. 4.2 No person may sell, offer for sale, give or distribute consumer or display fireworks to any person under eighteen (18) years of age. 4.3 The sale of consumer or display fireworks is prohibited, except each of the fourteen (14) calendar days immediately preceding and including Victoria Day, Canada Day, Civic Holiday, Labour Day and New Year s Eve, as defined in the Retail Business Holidays Act, R.S.O. 1990, c. R.30, as amended. By-law Page 4 of 19

5 4.4 Where fireworks are offered for sale, they must be displayed in such a manner that they are not accessible as a self-serve item. 4.5 Where fireworks are offered for sale, they must comply with the Explosives Act (Canada) and the Regulations made under it. 4.6 Where fireworks are offered for sale, notice as outlined in Schedule B must be clearly posted informing the consumer of the restrictions and set fines. 4.7 Where fireworks are offered for sale, the Meaford and District Fire Department may inspect the premises to ensure the safe storage, transportation and display of the fireworks, and any other applicable matter, in accordance with the Ontario Fire Code. 5.0 Discharge of Firecrackers 5.1 No persons shall discharge, fire, set off or cause to be set off any firecrackers within the Municipality of Meaford. 6.0 Setting off of Consumer Fireworks 6.1 No person shall set off consumer fireworks on any day or days during the year, except on Victoria Day, Canada Day, Civic Holiday, Labour Day and New Years Eve, and the three (3) days immediately preceding and/or following each of these days, or any special day established by Council, except at a fireworks display held pursuant to a permit issued under this by-law. 6.2 No person under the age of eighteen (18) years of age shall discharge, fire, set off, or cause to be set off, any consumer fireworks. 6.3 No person shall discharge, fire, set off, or cause to be set off, any consumer fireworks in a manner that might create a danger or nuisance to any person or property or cause to allow any unsafe act or omission at the time and place of setting off fireworks. 6.4 No person shall discharge, fire, set off, or cause to be set off, any consumer fireworks, except between dusk and 11:00 p.m. 6.5 Notwithstanding the provisions of this by-law in relation to day and time, any day or other time may be recognized by resolution By-law Page 5 of 19

6 of the Council of the Municipality of Meaford. 6.6 Notwithstanding the provisions of this by-law in relation to day and time, a permit may be issued for family fireworks for special occasions such as weddings, anniversaries, birthdays and similar special family events. 6.7 No person shall discharge, fire, set off, or cause to be set off, any consumer fireworks into or on and within eight (8) meters any building, shed, tent, trailer, camp or shelter or motor vehicle. 6.8 No person shall discharge, fire, set off, or cause to be set off, any consumer fireworks within 300 meters of any place where explosives, gasoline or other highly flammable substances are manufactured, stored or displayed, in large quantities. 6.9 No person shall discharge, fire, set off, or cause to be set off, any consumer fireworks on or into any highway, street, lane, boulevard, roundabout, or private roadway No person shall discharge, fire, set off, or cause to be set off, any consumer fireworks on or into any land used for school purposes No person shall discharge, fire, set off, or cause to be set off any consumer fireworks on or into any park, parkette, trail, land used for storm water management, any other public place or any land owned by the Municipality of Meaford, without first having obtained a permit from the Chief Fire Official or designate No person shall discharge, fire, set off, or cause to be set off, any consumer fireworks on any land whatsoever, except on land belonging to the person setting off the fireworks, or on other privately owned land where the written consent of the owner has been obtained Only fireworks authorized pursuant to the Explosives Act and the Explosives Regulations made under it may be displayed or set off. 7.0 Setting off of Display Fireworks 7.1 No person shall hold a display of or set off display fireworks on any day or days without approval from the Chief Fire Official. By-law Page 6 of 19

7 7.2 The Chief Fire Official may impose conditions for approval as he/she considers necessary to ensure the safety of the public. 7.3 Setting off of display fireworks must be in accordance with recognized safety procedures including, but not limited to: (a) (b) (c) (d) keeping spectators at a safe distance; protecting private and public property; ensuring suitable fire extinguishing equipment is available at all times; and ensuring compliance with the Explosives Act and the Explosives Regulations. 7.4 The person(s) responsible for the setting off of any fireworks or classes thereof must ensure that all unused fireworks and debris be removed and safely disposed of immediately following the event. 7.5 Only persons who hold a valid Fireworks Supervisor certificate or equivalent thereof, issued by the Explosives Regulatory Division of Natural Resources Canada are eligible to request approval to display or set off Display Fireworks/Pyrotechnic Special Effects. 7.6 All persons who are involved in the setting up and off of the display fireworks shall hold a Display Assistant certificate or equivalent thereof, issued by the Explosives Regulatory Division of Natural Resources Canada. 7.7 The handling and discharge of display fireworks shall conform to the Natural Resources Canada, Display Fireworks Manual and Natural Resources Canada, Pyrotechnic Special Effect Manual. 8.0 Right of Entry 8.1 For the purposes of ensuring compliance with this by-law, an Officer may at any time, enter any land and/or building. 8.2 Every owner shall permit the Officer to inspect any land and/or building for the purpose of determining compliance with this bylaw. By-law Page 7 of 19

8 8.3 Notwithstanding any provision of this by-law, an Officer shall not enter any room or place actually being used as a dwelling, unless: (a) (e) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, may only be made under the authority of a warrant issued under the Provincial Offences Act, R.S.O.1990, as amended; or a warrant issued under the Provincial Offences Act, R.S.O.1990, as amended, is obtained. 9.0 Refusal, Revocation, Suspension 9.1 Any person who has been issued a permit under this by-law, shall at all times comply with the by-laws of the Municipality and any contravention of any by-law or any other Provincial or Federal law may be grounds for the refusal, suspension or revocation of the permit. 9.2 A permit that has been suspended or revoked, as issued under this by-law, shall be returned to the Chief Fire Official and the Municipality will provide written notice addressed to the application/permit holder s last known address giving the reasons for the refusal, suspension or revocation of the permit Offences, Punishment and Procedure 10.1 Any person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act R.S.O. 1990, Chapter P33, as amended Notwithstanding Section 10.1 of this by-law, every person who contravenes any provision of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding $25,000, exclusive of costs A corporation that contravenes any provision of this by-law is guilty of an offence and, upon conviction, is liable to a fine not exceeding $50,000. By-law Page 8 of 19

9 10.4 The court in which a conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other remedy and to any penalty imposed on the person convicted If any part of a fine for a contravention of this by-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, including any extension of time for payment ordered under that section, the Treasurer for the Municipality, or agent, may give the person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than twenty-one (21) days after the date of the notice, by delivering the notice or causing it to be delivered to that person at the person s residence or place of business If the fine referred to in Section 10.5 of this by-law remains unpaid after the final date specified in the notice, the fine shall be deemed to have priority lien status for the purposes of Sections 1(2.1) and (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended Validity and Severability: 11.1 Should any section, subsection, clause, paragraph or provision of this by-law be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of this by-law as a whole or any part thereof, other than the part so declared to be invalid Short Title and Administration: 12.1 The short title of this By-law is the Fireworks and Firearms Bylaw This By-law shall be administered by the Chief Fire Official, who is the Authority Having Jurisdiction (AHJ), for the purposes of fireworks and firecrackers, and by a Police Officer for the provisions involving firearms. By-law Page 9 of 19

10 12.3 The lands known as the 4 th Canadian Division Training Centre Meaford commonly known as Camp Meaford or LFCTC Meaford and the activities carried on at the premises of LFCTC Meaford are exempt from the provisions of this by-law REPEAL 13.1 This by-law repeals Town of Meaford By-law and Town of Meaford By-law and Township of St. Vincent By-law 8-91 all by-laws and/or resolutions that are inconsistent with the provisions of this by-law and the same are hereby repealed or rescinded insofar as it is necessary to give effect to the provisions of this by-law EFFECTIVE DATE: 14.1 This By-law shall come into force and take effect immediately upon the final passing thereof. Read a first, second and third time and finally passed this 26th day of May, Francis Richardson, Mayor Robert H. A. Tremblay, Clerk By-law Page 10 of 19

11 SCHEDULE A to By-law No of The Corporation of the Municipality of Meaford Passed on the 26th day of May, 2014 Francis Richardson, Mayor Robert H. A. Tremblay, Clerk By-law Page 11 of 19

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17 Schedule B Fireworks Regulations Municipality of Meaford By-law No a. No person shall discharge, fire, set off, or cause to be set off any fireworks when a fire ban is in effect. b. No person shall discharge, fire, set off, or cause to be set off any consumer fireworks any day or days during the year except on Victoria Day, Canada Day, Civic Holiday, Labour Day and New Years Eve and the three (3) days immediately preceding and/or following each of these days. c. No person under the age of eighteen (18) years of age may discharge, fire, set off, or cause to be set off any consumer fireworks. d. No person shall discharge, fire, set off, or cause to be set off any consumer fireworks in a manner that might create a danger or nuisance to any person or property. e. No person shall discharge, fire, set off, or cause to be set off any fireworks except between dusk and 11:00 p.m. f. Please be advised that pursuant to Municipality of Meaford By-law No , an offence will carry a maximum fine not exceeding $10, plus the victim surcharge. By-law Page 17 of 19

18 Schedule C Fireworks Application Municipality of Meaford By-law No APPLICANT INFORMATION: Name of Applicant: Mailing Address: Home Phone: ( ) Cell Phone: ( ) Supervisor s Certificate Number Class: OWNER/COMPANY INFORMATION: Expiry Date: Name of Owner/Company: INFORMATION ONSENT OF OWNER Address of Owner/Company: Business Phone: ( ) Home Phone: ( ) Cell Phone: ( ) SPONSORING ORGAINZIATION: (IF APPLICABLE) Address: Event Location: Date(s): CONSENT OWNER: Consent of the Owner (or his agent) of the building/property: I, the undersigned, understand and agree to the terms of this Application. Signature of Owner or Agent: NAME OF INSURING AGENCY: Amount: Address: Home Phone: ( ) Cell Phone: ( ) Place and method of fireworks storage on site: Date: TYPE OF DISPLAY OF FIREWORKS: Supervisor in Charge/Certification Number/Date: (All members of team during the event must hold either a Display Assistant Certification or is a Display Supervisor) Attach a list with their names and credentials.pe OF DISPLAY OF FIREWORKS Attach Site Plan - This application SHALL be accompanied by a scaled drawing which will include information in regard to material used; type of fireworks, exact location, persons located and all relevant structures around and all information requested by Chief Fire Official. CONSENT I, the undersigned, agree to comply with the provisions of Municipality of Meaford Fireworks and Firearms By-law No , as amended. I further agree that neither the granting of a permit shall in any way relieve me from full responsibility for carrying out the work in accordance with the requirements of any applicable by-laws and understand and agree to the terms of this Application. Signature of Applicant: Date: By-law Page 18 of 19

19 Date received: Zoning of property: For Office Use Only Permission of local Authority Having Jurisdiction Site Plan attached : YES NO Event descriptions attached: YES NO Received by: Comments/approval from Building Department: YES (as attached) NO N/A Comments/approval from Operations Department: YES (as attached) NO N/A Comments/approval from By-law Department: YES (as attached) NO N/A Other notes/comments: Fee Paid: Receipt No.: Refund Request: Application is : Approved Denied Date: Permit No.: The names of the applicant and qualifying information provided within this application form will be subject to the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Clerk of the Municipality of Meaford. By-law Page 19 of 19