THE CORPORATION OF THE TOWNSHIP OF STIRLING-RAWDON
BY-LAW NO. 605-07
ENTITLED a by-law to
regulate and govern the sale of fireworks and the setting off of fireworks
within the Corporation of the
WHEREAS Section 121(1) of the Municipal Act, S. O. 2001, c.25 provides that a municipality may prohibit and regulate the sale of fireworks and the setting off of fireworks;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF STIRLING-RAWDON HEREBY ENACTS AS FOLLOWS:
1.
Definitions
“Fire Chief” means the Chief of the Township of Stirling-Rawdon Fire Department.
“Firecracker” means any class of Fireworks that explodes when ignited and does not make any significant display or visible effect after the explosion but does not include caps for toy guns or Christmas crackers;
“Fireworks” means a pyrotechnic device or a substance that is made, manufactured or used to produce an explosion or detonation and includes Fireworks composition and manufactured Fireworks as defined in the Explosive Regulations made pursuant to the Explosives At, R.S.C.E-15, s.1, as amended;
“Public Fireworks Display” means an exhibition of Fireworks in an open air assembly, occupancy to which the public is invited, attends or is admitted, with our without a fee being charged.
2. Prohibition
No person shall set off any Firecracker within the Township of Stirling-Rawdon.
No person shall set off any Fireworks within the Township of Stirling-Rawdon except under a permit issued by the Township for a Public Fireworks Display.
No person shall
offer for sale any Fireworks within the
3.
Approvals for Public Fireworks Display
A written request must be submitted to the Council of the Township of Stirling-Rawdon for approval to hold a Public Fireworks Display.
Upon approval of the request from Township Council an application shall be submitted to the Fire Chief providing the following information:
(a) the location of the proposed Public Fireworks Display
(b) the access to be provided for fire and emergency vehicles
(c) the free zone area of clear distance between the point of launch and an occupied area.
Filed with the application form shall be a statement of the safety measures being implemented.
Filed with the application form shall be a Certificate of Liability Insurance certifying the Public Fireworks Display is insured against general liability and property damage claims, in the minimum amount of Five Million Dollars ($5,000,000.00) inclusive for any one occurrence. Said policy shall name the Corporation of the Township of Stirling-Rawdon as an additional insured. Said policy shall be endorsed to provide that the policy will not be altered, cancelled or allowed to lapse without ten (10) days prior written notice to the Corporation.
The Fireworks shall only be set off on the day or days specified in the application.
The fireworks shall only be set off by a person currently certified as a Fireworks Supervisor Level I or Level II by the Explosion Regulatory Division of Natural Resources Canada.
The approval for a Public Fireworks Display may be suspended or revoked by the Fire Chief if the conditions of the approval are not being met or it would be unsafe to allow the Public Fireworks Display.
Notwithstanding the foregoing sections the Fire Chief may require any additional information of the applicant to ensure the public’s safety and may impose additional conditions as he deems advisable in the particular circumstances of the application.
4.
No person shall
sell or offer for sale any firecrackers within
A written request must be submitted to the Council of the Township of Stirling-Rawdon for approval for the sale of fireworks.
Upon approval of the request from Township Council an application shall be submitted to the Fire Chief for his approval.
4.4 No person may sell, offer for sale, give or distribute fireworks to any
person under the age of eighteen years.
4.5 Fireworks displayed in retail outlets shall be mock samples only, and not
contain any explosive composition.
4.6 Where fireworks are offered for sale, they must be displayed in such a
manner that they are not accessible as a self-serve item.
4.7 Where fireworks are offered for sale, they must not be located at or near a means of entrance or exit to any building or room.
4.8 The approval for the sale of fireworks may be suspended or revoked by the Fire Chief if the conditions of the approval are not being met.
4.9 Notwithstanding the foregoing sections, the Fire Chief may require any additional information of the applicant to ensure the public’s safety and may impose additional conditions as he deems advisable in the particular circumstances of the application.
5. Validity
Should any section, subsection, clause, paragraph or provision of this By-law be declared by a Court of competent jurisdiction to be invalid or illegal for any other reason, such offending section or part shall be deemed to have been severed from this By-law and the remaining sections or parts shall continue in full force and effect and shall remain valid and binding.
6.
Rescind By-law
By-law no.
1129-90, passed by the former
7.
Offence and Penalty
Every person who contravenes any of the provisions of this by-law, upon conviction thereof, is guilty of an offence and shall be liable to such penalties and fines as are authorized by the provisions of the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended.
8.
Effective Date of By-law
This by-law shall come into full force and take effect from the date of its final passing.
Read a first, second and third time and finally passed this day of
2007.
________________________
MAYOR
________________________
CLERK