District of Sicamous Fireworks Bylaw No. 756, 2009 Effective Date June 24, 2009 Consolidated for Convenience Only This is a consolidated version of the parent bylaw that incorporates changes made pursuant to the following amendment bylaws: Amendment Bylaw Effective Date Bylaw No. 797, 2010 June 9, 2010 This consolidation is for convenience and reference purposes only. Persons making use of this consolidated version of Bylaw No. 756 are advised that it is not a legal document. For the purposes of interpreting and applying the law, the original Bylaw No. 756 and all amending bylaws must be consulted.
Bylaw No. 756, 2009 2 of 22 DISTRICT OF SICAMOUS BYLAW NO. 756 A Bylaw to Regulate the Sale, Possession and Discharge of Fireworks within Municipal Boundaries. WHEREAS it is provided by Section 8(3)(d) of the Community Charter, that the Council may by bylaw regulate or prohibit the sale or disposal of any person of fireworks of every nature or kind; AND WHEREAS it is provided by Section 8(7)(b) of the said Community Charter that the Council may, by bylaw, applicable throughout the Municipality regulate or prohibit, inter alia, the exploding of fireworks; AND WHEREAS it is provided by Section 8(8)(a) of the said Community Charter that the Council may, inter alia, authorize the issuance of a permit to any person or organization for the use of fireworks of any nature or kind and may specify the terms and conditions thereof set out by the Fire Commissioners Office; NOW THEREFORE the Council of the District of Sicamous, in open meeting assembled, ENACTS AS FOLLOWS: Citation 1. This Bylaw may be cited for all purposes as the District of Sicamous Fireworks Bylaw No. 756, 2009. Interpretation 2. In this Bylaw, unless the context otherwise requires, the following words shall have the meanings assigned: Act means the Explosives Act, Revised Statutes of Canada, 1985, and the regulations enacted thereunder, as amended or replaced from time to time. Bylaw Enforcement Officer shall mean the Bylaw Enforcement Officer or his assistants appointed from time to time by the Council of the District of Sicamous, Peace Officers and members of The Royal Canadian Mounted Police. Deputy Fire Chief means the person duly appointed by the Fire Chief. Discharge fireworks or Discharge of fireworks means to discharge, ignite, explode, set off, or detonate fireworks. Display Fireworks means outdoor, high-hazard recreation fireworks formerly defined as Class 7.2.2. in the Explosives Regulations of the Explosive Act (Canada). District means the District of Sicamous. Family Fireworks means outdoor low hazard recreational fireworks formerly defined as Class 7.2.1. in the Explosives Regulations of the Explosive Act (Canada), but does not include sparklers, Christmas crackers and caps for toy guns. Family Fireworks Permit means a permit issued under Sentence 3.3(4). Family Fireworks Permit Holder means a person who holds a current family fireworks permit.
Bylaw No. 756, 2009 3 of 22 Family Pack means six or more family fireworks which are packaged together and intended to be sold as a unit. Fire Chief means the person duly appointed by Council as the head of the District of Sicamous Fire Department and as the Local Assistant to the Fire Commissioner and shall also include any member of the District of Sicamous Fire Department acting under the direction of the Fire Chief. Firecracker means a family firework capable of or discharged for the purpose of producing an explosion and sound without any pyrotechnic display. Fireworks means devices containing an explosive capable of or discharged for the purpose of producing a pyrotechnic special effect, a pyrotechnic signal or a sound signal and includes family fireworks and display fireworks. Fireworks Supervisor means a person who is certified by Natural Resources Canada to conduct display fireworks. Occupier means a person (a) who is qualified to maintain an action for trespass, (b) in possession of Crown land under a homestead entry or pre-emption record, or (c) in possession Crown Land or Land owned by a municipality under a lease, license, agreement for sale, accepted application to purchase, easement, or other from the Crown or Municipality, or who simply occupies the land. Organization shall mean an incorporated association, company, society or other incorporated body. Owner means the registered owner, as the same appears on the records of the Kamloops Land Title Office, or if there is registered an agreement for sale and purchase, owner means the person registered as the last holder either directly or by assignment of such agreement for sale and in the case of Crown-owned lands, owner means the occupant. Permit means permission or authorization in writing by the Fire Chief. Person includes a corporation, partnership or party and the personal or other legal representatives of such person to whom the context can apply according to law. Pyrotechnical Special Effect means a fireworks special effect using pyrotechnics, propellant and explosives materials and devices for indoor and outdoor performances, formerly defined as Class 7.2.5. in the Explosives Regulations off the Explosives Act (Canada). Pyrotechnic Special Effects Technician means a person who is certified by Natural Resources Canada to create and discharge a pyrotechnic special effect. Real Property means land, with or without improvements so affixed to the land as to make them in fact and law a part of it. Retailers Permit means a permit issued under Sentence 3.3(2). Retailers Permit Holder means a person who holds a current retailers permit. Theatrical Fireworks means fireworks defined as Subdivision 5 of Division 2 of Class 7 in the Explosives Regulations of the Explosive Act (Canada).
Bylaw No. 756, 2009 4 of 22 REGULATIONS 3. Fireworks 3.1 Manufacture, storage and transportation 1) The manufacturing, handling, transportation, sale and use of pyrotechnics and fireworks shall be in conformance with the Explosive Act (Canada) and the Explosives Regulations of the Explosives Act (Canada), and shall comply with requirements in Subsections 3, 4 and 5 of this Bylaw. 2) The handling and discharge of pyrotechnic special effects shall conform to Pyrotechnic Special Effects Manual published by Natural Resources Canada. 3) The handling and discharge of display fireworks shall conform to the Display Fireworks Manual published by Natural Resources Canada. 3.2 Applications 1) Any person interested in selling authorized fireworks within the District must make formal application to the District on a Retailers Application, as attached as Schedule A to this Bylaw. 2) Any person interested in discharging authorized family fireworks within the District must make formal application to the District on a Family Fireworks Application as described as Schedule B to this Bylaw. 3) Any person interested in discharging authorized display fireworks and/or pyrotechnic special effects within the District must make formal application to the District on a Display Fireworks and Pyrotechnic Special Effects Application as described as Schedule C to this Bylaw. 3.3 Permits 1) The Fire Chief may by permit regulate the possession, sale and discharge of fireworks. 2) Any person who sells or offers for sale any Fireworks, shall obtain a Retailers Permit, as attached as Schedule D to this Bylaw, from the District of Sicamous at an annual cost of $500.00. 3) A Retailers Permit will not be issued to any person who, during the past two years, has had a Retailers permit cancelled. 4) Any person who possesses or discharges fireworks shall obtain either a Family Fireworks Permit as attached as Schedule E to this bylaw, or a Display Fireworks and Pyrotechnic Special Effects Permit, as attached as Schedule F to this Bylaw, from the District of Sicamous. 3.4 Records 1) Any person directly selling fireworks shall keep an accurate record of the type and quantity of fireworks obtained for distribution and similar records itemizing the sale of fireworks. Any person who sells fireworks shall include the Retailers Permit number on the record of sale or invoice. That person shall provide such records to the Fire Chief or Bylaw Enforcement Officer on request.
Bylaw No. 756, 2009 5 of 22 3.5 General 1) No person shall offer for sale, expose for sale, advertise, display, sell at wholesale, or retain any fireworks without a permit and a District of Sicamous Business License. 2) No person shall offer for sale, sell, give or furnish fireworks to a person under the age of 21 years. 3) No person shall point or direct fireworks at any person, animal, building or motor vehicle where such fireworks are in the process of exploding or detonating, and where they are capable of projecting or discharging a charge or pyrotechnical effect more than 1 m. 4) Despite anything to the contrary in this Bylaw, a person under 21 years of age must not possess or discharge fireworks. 5) Despite anything to the contrary in this Bylaw, a person must not offer for sale, sell, dispose of, possess, or discharge fireworks that produce noise without an accompanying light display that consists of more than a single flash of light. 3.6 Fireworks may not commence prior to 9:00 p.m. and shall end prior to 11:00 p.m. on any day and shall be started and completed within the time period specified on the Permit, except as otherwise authorized by the District. 3.7 Fireworks may only be discharged from Thursday to Saturday of each week, except for District sponsored events. Bylaw No. 797 3.8 Should the Province issue a total fire ban on campfires or prohibits the use of fireworks and firecrackers, the offer for the sale, disposal of and discharge of fireworks will be prohibited. 4. Family Fireworks 1) A person must not offer for sale, sell, or dispose of: a) firecrackers, bottle rockets, or roman candles, or b) family fireworks, other than firecrackers, bottle rockets or roman candles, to any person except a family fireworks permit holder and except during the period from and including the last Monday before or on May 24 th up to and including October 31 st. 2) A person who sells or disposes of family fireworks to a family fireworks permit holder must a) at the time of the sale or disposition, examine the family fireworks permit holder s family fireworks permit to ensure that it is current. b) require the family fireworks permit holder to produce two pieces of identification that corroborate the name of the family fireworks permit holder on the family fireworks permit, and examine such identification to corroborate such name, and c) comply with all conditions on the family fireworks permit that may apply to the sale or disposition of family fireworks.
Bylaw No. 756, 2009 6 of 22 d) must provide a Rules and Safety pamphlet to each family fireworks permit holder. 3) A person must not possess or discharge family fireworks except if that person is a family fireworks permit holder, and complies with the requirements of this Bylaw and all conditions on the family fireworks permit. 4) A person who is at least 21 years of age must apply to the District for a family fireworks permit to discharge family fireworks, and must 5) If a) submit to the District a completed family fireworks permit application in the form prescribed by the District which includes details of the two pieces of identification referred to in Clause 4.2.(b), b) answer correctly 100% of the questions posed on a quiz, prepared by the District, about the safe handling of family fireworks, c) if the discharge of family fireworks under the family fireworks permit is to occur on property not owned by the applicant, an authorization signed by the property owner or property owner s agent, and d) such other information or material as this Bylaw or the District may require. a) the applicant fails to comply with the requirements of Sentence (4), b) the applicant provides false or inaccurate information on the application for the family fireworks permit, c) the applicant fails the quiz referred to in Clause 4(b), d) the District does not approve the proposed location for the discharge of fireworks, or e) this Bylaw otherwise authorizes the District to refuse to issue a permit, the District may refuse to issue the family fireworks permit applied for under Sentence (4). 6) The District may issue a family fireworks permit, and may impose conditions on that family fireworks permit including the following: a) the location at which the discharge of fireworks under the family fireworks permit may take place, b) the days and times the discharge of family fireworks may occur at that location in compliance with Section 3.6 and 3.7, c) the fire safety precautions the family fireworks permit holder must take in connection with the discharge of fireworks under the family fireworks permit, and d) safe storage of the family fireworks that the family fireworks permit holder intends to discharge under the family fireworks permit.
Bylaw No. 756, 2009 7 of 22 7) A family fireworks permit holder must not possess a) firecrackers, bottle rockets, or roman candles, or b) family fireworks, other than firecrackers, bottle rockets or roman candles, except during the period from and including the last Monday before or on May 24 th up to and including October 31 st. 8) A family fireworks permit holder must not discharge 9) If a) firecrackers, bottle rockets or roman candles, or b) family fireworks, other than firecrackers, bottle rockets or roman candles, except during the period from and including the last Monday before or on May 24 th up to and including October 31 st. a) a family fireworks permit holder violates any applicable law or any condition of the family fireworks permit, b) a family fireworks permit holder acts in such a manner as to endanger property or public safety, c) environmental or weather conditions are such that the discharge of fireworks under the family fireworks permit would endanger property or public safety, or d) this Bylaw otherwise authorizes the District to revoke a permit, the District may revoke the family fireworks permit. 10) A family fireworks permit is a) valid only for the discharge of fireworks at the location and during the days and times specified in the family fireworks permit, and b) is not transferable. 11) The District may, on its website establish, for use by applicants, a family fireworks discharge permit which may include submission of the application, taking of the test, and issuance of the permit. 12) Despite anything to the contrary in this Bylaw, a person must not offer for sale, sell, dispose of, possess, or discharge family fireworks that produce noise without an accompanying light display that consists of more than a single flash of light. 5. Display Fireworks and Pyrotechnic Special Effects 1) No person shall discharge display fireworks or a pyrotechnic special effect except as authorized by a permit. 2) Applications must be made in person to the Chief Building Inspector, Fire Chief or Deputy Fire Chief in the absence of the Fire Chief.
Bylaw No. 756, 2009 8 of 22 6. Penalty a) by the fireworks supervisor responsible for the discharging of the display fireworks, or b) by the pyrotechnic special effects technician responsible for the discharging of the pyrotechnic special effect. 3) The applicant shall, without limiting its obligations or liabilities under the Display Fireworks or Pyrotechnic Special Effect Permit, procure and maintain, at its own expense and cost, the insurance policy listed in Schedule G, attached to and forming part of this Bylaw. The insurance policy shall be maintained continuously from the date of commencement of the Display Fireworks or Pyrotechnic Special Effects until the date of expiry of the Display Fireworks or Pyrotechnic Special Effects or such further period as may be specified in Schedule G. 4) An applicant shall submit a written agreement from the owner of the property on which the Display Fireworks or Pyrotechnic Special Effects is to take place and a written agreement from any Sponsoring Organization of the Display Fireworks or Pyrotechnic Special Effects, in accordance with Schedules H and I, attached to and forming part of this Bylaw. In the case of Display Fireworks or Pyrotechnic Special Effects that are to take place on District owned property, a Permit may be required or alternatively a letter of authorization from the District s Administrator is required. 5) Prior to the issuance of a Permit pursuant to this section, the applicant shall provide evidence of the insurance required under Section 5.4 of this Bylaw, in the form of Schedule G-1, attached to and forming part of this bylaw. 6) Display Fireworks or Pyrotechnic Special Effects may be inspected by the Sicamous Volunteer Fire Department to ensure all safety aspects have been adhered to as set out in the Act and in accordance with Schedule J attached to and forming part of this Bylaw. 7) The Fire Chief or Deputy Fire Chief is hereby authorized to revoke a Permit issued under this section at any time. 8) The Fireworks shall be set off by the person to whom the Permit is issued and shall be conducted in a manner that is consistent with all safety procedures required under the Act. 9) All Display Fireworks or Pyrotechnic Special Effects and all debris from the Display Fireworks or Pyrotechnic Special Effects shall be removed and safely disposed of by the Permit Holder as soon as practical after the Display Fireworks or Pyrotechnic Special Effects is completed and on or before the expiry of the Permit. Every person guilty of an infraction of this Bylaw shall be liable for a penalty under the District of Sicamous Ticket Information Utilization Bylaw No. 77, 1992 as amended from time to time. 7. Schedules The schedules attached to this Bylaw form part of this Bylaw. 8. Severability In the event of any section of this Bylaw is for any reason held invalid by a decision of a court of competent jurisdiction, the invalid section or sub-section shall be severed from and not effect the remaining provisions of this Bylaw.
Bylaw No. 756, 2009 9 of 22 9. Effective Date This bylaw will take force and effect on its adoption. 10. Enforcement a) The Fire Chief or Bylaw Enforcement Officer may enter on any property at any time for the purpose of ascertaining whether the regulations and requirements of this Bylaw are being observed. b) The Fire Chief, Bylaw Enforcement Officer, Royal Canadian Mounted Police and/or other person appointed by Council is hereby authorized to seize any and all fireworks found within the District of Sicamous, without any compensation to the person found to be in possession; such seized property shall be deemed forfeited to the District. c) Every person or organization contravening or committing any breach of, or committing any offence 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 Two Thousand ($2,000.00) dollars and not less than Five Hundred ($500.00) dollars for each offence. d) Every owner/occupier of real property contravening or committing any breach of, or committing any offence 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 Two Thousand ($2,000.00) dollars; any owner or occupier of real property identified as possessing or using or allowing the use of fireworks is subject to the terms outlined herein. e) A Retailers Permit Holder contravening or committing any breach of, or committing any offence or infraction against, any of the provisions of this Bylaw shall have their Retailers Permit cancelled in addition to any fine issued under section 10(c) or 10(d). f) Every person who commits an offence of a continuing nature is liable to a fine not less than Fifty ($50.00) dollars for each day such offence is continued. READ a first time this 27 th day of May, 2009. READ a second time this 27 th day of May, 2009. READ a third time this 27 th day of May, 2009. RECONSIDERED AND FINALLY ADOPTED this 24 th day of June, 2009. Malcolm MacLeod Mayor Alan L. Harris Clerk I hereby certify the foregoing to be a true and correct copy of the District of Sicamous Fireworks Bylaw No. 756, 2009. Clerk
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