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2012-067 Fireworks By-law - office consolidationOffice Consolidation — December 16, 2013 By -law No. 2012 -067, as amended by By -law No. 2013 -226 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2012 -067 A By -Law to Regulate, License and Permit the Sale and Discharge of Fireworks within the Township of Oro - Medonte And to Repeal By -law Nos. 2009 -023 and 2009 -059 (Fireworks By -law) WHEREAS the Explosives Act, R.S.C.1985, c. E -17, an act respecting the manufacture, testing, sale, storage, transportation and importation of explosives and the use of fireworks. AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, enables a municipality to enact By -laws for the purpose of business licensing; AND WHEREAS Part IV of the Municipal Act, S.O. 2001, c. 25, as amended, provides for Licenses; AND WHEREAS Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorize a municipality to license, regulate and govern businesses within the municipality; AND WHEREAS Section 121, subsection (a) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a local municipality may prohibit and regulate the sale of fireworks and the setting off of fireworks; AND WHEREAS Section 121, subsection (b) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may prohibit the sale of fireworks and the setting off of fireworks unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans. THEREFORE the Council of the Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That Appendix "A" and Schedules "A ", "B ", "C ", "D" and "E" attached hereto, form part of this By -law. 2. This By -law shall be cited as "The Township of Oro - Medonte Fireworks By -law." 3. That By -law Nos. 2009 -023 and 2009 -059 are hereby repealed in their entirety. 4. Persons selling fireworks within the geographical boundaries of the Township of Oro - Medonte shall be licensed in accordance with the provisions of this By -law no later than June 1, 2012 5. This By -law shall come into full force and effect on the date of its final passing. BY -LAW NO. 2012 -067 AS CONSOLIDATED. Page 1 of 11 Office Consolidation — December 16, 2013 By -law No. 2012 -067, as amended by By -law No. 2013 -226 Appendix "A" 1.0 DEFINITIONS "Chief Fire Official" means the Fire Chief for the Township of Oro - Medonte and /or their designate. "Consumer Fireworks" means outdoor low hazard fireworks generally used for recreational purposes and commonly known as showers, fountains, wheels, sparklers, roman candles, volcanoes, mines and snakes. "Discharge" means the firing, igniting, exploding and setting off of fireworks. "Display Fireworks" means high hazard fireworks generally used for community celebrations and known as bombshells aerial shells, large wheels and bombardons. "Dwelling Unit" means one or more habitable rooms, designed or intended for use by an individual or family, as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided, for the exclusive use of such individual or family, with a private entrance from outside the building or from a common hallway or stairway inside the building. "Firecracker" means a class of fireworks which when ignited explodes with little or no visual effects, but does not include caps for toy guns or Christmas crackers. "Fireworks" means a substance that is made, manufactured or used to produce an explosion or detonation or a pyrotechnic device and includes fireworks composition and manufactured fireworks. "Flying lantern" means a sky lantern, also known as Kongming lantern or Chinese lantern, is a small hot air balloon made of paper, with an opening at the bottom where a small fire is suspended such that the lantern will rise and float while ignited. "License" means a license issued pursuant to this By -law. "Motor Vehicle" means an automobile, motorcycle, motor - assisted bicycle unless otherwise indicated in the Highway Traffic Act, as amended, and any other vehicle propelled or driven otherwise than by muscular power. "Officer" means a Municipal Law Enforcement Officer, Police Officer or a Chief Fire Official. "Owner" means any person, firm or corporation having control over any portion of the building or property under consideration and includes the person in the building or property. "Permit" means a permit issued pursuant to this By -law. "Sell" means to offering for sale, causing or permitting to be sold and possessing for the purpose of sale. "Township" means the Corporation of the Township of Oro - Medonte. 2.0 GENERAL REGUALTIONS 2.1 No person shall discharge fireworks when a fire ban is in effect in the Township. 2.2 No person shall discharge fireworks on any Municipal property without written consent from the Township. Page 2 of 11 Office Consolidation — December 16, 2013 By -law No. 2012 -067, as amended by By -law No. 2013 -226 2.3 No person shall discharge consumer fireworks on any day during the year without first obtaining a permit to do so. 2.4 Notwithstanding Section 2.3, a permit is not required to discharge fireworks on Victoria Day, Canada Day, New Year's Eve and New Year's Day for consumer fireworks provided all other provision of the By -law are met. 2.5 No person under the age of 18 years of age shall purchase, discharge, fire, set off, or cause to be set off any consumer fireworks. 2.6 No person shall discharge any consumer fireworks in a manner that might create a danger or nuisance to any person or property. 2.7 Consumer fireworks being discharged on New Year's Eve shall only be set off between dusk and 1:00 a.m. the following day. 2.8 Consumer fireworks being discharged on any other day of the year shall only be set off between dusk and 11:00 p.m. 2.9 No person shall ignite a sky lantern within the Township. 3.0 FIRECRACKERS 3.1 No person shall sell, offer for sale, buy or offer to buy firecrackers. 3.2 No person shall discharge any firecrackers within the geographical boundaries of the Township. 4.0 SALE OF FIREWORKS 4.1 No person shall advertise the sale of, display or sell fireworks without first obtaining a license from the Township. 4.2 Every person who applies for a license shall do so on the application form prescribed in Schedule "B" of this By -law, forms shall be submitted to the Township along with the following, prior to the issuance of the license: 4.2.1 The appropriate fee as set out in Schedule "A" of this By -law. 4.2.2 A list of all firework products being stored and offered for sale. 4.2.3 Written permission from the owner of property where the fireworks are being stored and offered for sale. 4.3 Where fireworks are offered for sale by any person, the person who is causing, offering or permitting the sale or distribution of consumer fireworks shall ensure that: 4.3.1 The fireworks are included on the most recent list of authorized explosives as published from time to time by the Explosive Branch of the Department of Natural Resources (Canada) or it successor. 4.3.2 The fireworks shall be displayed pursuant to the Explosives Act R.S.C.1985, c. E -17. 4.3.3 The fireworks are displayed in such a manner that they are not accessible as a self -serve item; Page 3 of 11 Office Consolidation — December 16, 2013 By -law No. 2012 -067, as amended by By -law No. 2013 -226 4.3.4 The storage and handling of fireworks for sale must comply with the Explosives Act, R.S.C. 1985 c. E -17. Such storage and handling shall be subject to inspection by an Officer. 4.3.5 A notice clearly posted as outlined in Schedule "E" informing the customer of the general regulations of the Township's Fireworks By -law. 4.4 Fireworks shall not be offered, caused or permitted to be sold from an outdoor stand, tent, unenclosed trailer, portable structure or motor vehicle. 4.5 Property for which the fireworks are being offered for sale must be zoned Commercial in accordance with the Township's Zoning By -law. 4.6 A license to offer for sale or sell consumer fireworks pursuant to this By- law shall be good for a period from January 1 to December 31 each year. 4.7 Persons selling fireworks shall be 18 years of age or older. 4.8 No person shall sell, offer for sale, buy or offer to buy a sky lantern. 5.0 DISCHARGE CONSUMER FIREWORKS 5.1 Any person wishing to discharge consumer fireworks on Victoria Day, Canada Day, New Year's Eve, and New Year's Day are exempt from obtaining a permit from the Township under the provision of this By -law. 5.2 No person shall discharge consumer fireworks on any day or days other than those noted in Section 5.1 during the year, unless an approved permit has been obtained from the Township. 5.3 Every person who applies for a permit shall do so on the application form prescribed in Schedule "C" of this By -law, forms shall be submitted not less than ten (10) calendar days prior to the proposed event. The application shall include the following information: 5.3.1 The appropriate fee as set out in Schedule "A" of this By -law. 5.3.2 A site plan drawing to approximate scale showing the direction of the proposed firing /discharge of the consumer fireworks, buildings and /or structures, overhead obstructions and any other features as required by the Township. 5.3.2 A statement of intent describing the nature of the event including the time schedule of events, details on the type, size and number of consumer fireworks to be used. 5.4 Consumer fireworks being discharged on New Year's Eve shall only be set off between dusk and 1:00 a.m. of the following day. 5.5 Consumer fireworks being discharged on any other day of the year shall only be set off between dusk and 11:00 p.m. 5.6 No person under the age of eighteen (18) years of age shall discharge consumer fireworks. 5.7 No person shall discharge any fireworks in a manner that might create a danger to any person or property. The person discharging consumer fireworks shall be responsible for reviewing the manufacturer's specifications and instructions. Page 4 of 11 Office Consolidation — December 16, 2013 By -law No. 2012 -067, as amended by By -law No. 2013 -226 5.8 Fireworks shall not be discharged in, on or into any building, structure or motor vehicle. 5.9 No person shall discharge any fireworks on any land whatsoever, except on land registered to the person discharging the fireworks, or on other privately owned land where the written consent of the registered has been obtained. 5.10 Only fireworks authorized pursuant to the Explosive Act R.S.C. 1985 c. E- 17, and regulations under the act, may be discharged. 5.11 The Township reserves the right to impose specific conditions on any permit issued pursuant to this By -law. 6.0 DISCHARGE DISPLAY FIREWORKS 6.1 No person shall hold a display of or discharge display fireworks without obtaining a permit from the Township prior to the event(s). 6.2 Only persons who hold a valid certificate issued by the Explosives Regulatory Division of Natural Resources Canada shall be permitted to discharge display fireworks, provided proof of a valid certificate is provided at the time of the request for such permit. 6.3 Every person who applies for a permit shall do so on the application form prescribed in Schedule "D" of this By -law, forms shall be submitted not less than thirty (30) calendar days prior to the proposed event. The application shall include the following information: 6.3.1 The appropriate fee as set out in Schedule "A" of this By -law. 6.3.2 A site plan drawing to approximate scale showing the direction of the proposed firing /discharge of the display fireworks, spectator viewing area, separation distances, positioning of ramps and mortars, significant ground features, public right of ways, buildings and /or structures, overhead obstructions, parking areas and any other features as required by the Township. 6.3.3 A statement of intent describing the nature of the event including the time schedule of events, attendance estimates, crowd control measures, emergency responders, details on the type, size and number of display fireworks to be used, firing procedures and emergency response. 6.3.4 Written permission from the owner of the property where the display is to be held. 6.3.5 Proof of insurance with a minimum of five million ($5,000,000) dollars liability insurance provided for the event and the Township named as an additional insured. 6.3.6 The storage and handling of fireworks shall comply with the Explosives Act, R.S.C. 1985 c. E -17. Such storage and handling shall be subject to inspection by an Officer. 6.4 The Township reserves the right to impose specific conditions on any permit issued pursuant to this By -law. Page 5 of 11 Office Consolidation — December 16, 2013 By -law No. 2012 -067, as amended by By -law No. 2013 -226 7.0 ENTRY AND INSPECTION 7.1 For the purpose of determining compliance with this By -law, every person who requests a permit to discharge or a license to sell fireworks shall permit an Officer to inspect to ensure compliance prior to the issuance of such permit or license. 7.2 An Officer may at any time, enter onto lands or in any building for the purpose of determining compliance with the By -law and the Explosive Act, R.S.C. 1985 c. E -17. 7.3 Every owner shall permit the Officer to inspect any land or buildings for the purpose of determining compliance with this By -law and the Explosive Act, R.S.C. 1985 c. E -17. 7.4 Notwithstanding any provision of this By -law, an Officer shall not enter or remain in any room or place actually being used as a dwelling, unless: 7.4.1 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, c. P.33, as amended. 7.4.2 A warrant issued under the Provincial Offences Act, R.S.O. 1990, c.33, as amended is obtained. 8.0 OFFENCES 8.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By -law. Any person who is alleged to have contravened any of the provisions of this By -law shall identify themselves to the Officer upon request, failure to do so shall be deemed to have obstructed or hindered the Officer in the execution of their duties. 8.2 Any person who contravenes any of the provisions of this By -law may be charged with an offence and upon conviction shall be liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 9.0 FEES 9.1 The fees for licensed and permits pursuant to this By -law shall be set in Schedule "A ". 9.2 Where the Fire and Emergency Services Department is required to attend a call to extinguish a fire that has resulted from the discharge of any fireworks, the owner shall be responsible to pay all damages or any fees as set out in the Township's current Fees and Charges By -law. 10.0 ADMINISTRATION AND ENFORCEMENT 10.1 An Officer is hereby vested with the authority of enforcing the provisions of Page 6 of 11 Office Consolidation — December 16, 2013 By -law No. 2012 -067, as amended by By -law No. 2013 -226 this By -law. 10.2 Any permit or license issued under the provision of this By -law may be revoked prior to the expiration for any breach of the provisions of this By- law or any other applicable law. Schedule "A " -By -law No. 2012 -067 FIREWORKS FEES • License to Sell Fireworks $ 300.00 (The fee includes application and initial inspection fee) • Permit to Discharge Display Fireworks $ 150.00 (The fee includes application and initial inspection fee) • Permit to Discharge Consumer Fireworks $ 50.00 Additional Inspection fees, pursuant to the Fees and Charges By -law, may be charged for inspections done above and beyond the initial inspection of a permit for display fireworks or when a licensed fireworks vendor is found to be in contravention of the provisions of this By -law, and has not resolved all noted deficiencies prior to the deadline established in the notice of contravention. Page 7 of 11 _ Schedule "B "- By -law No. 2012 -067 Townshi p Of Oro - Medonte SELLING CONSUMER FIREWORKS Township of Municipal Law Enforcement Division Proud Heritage, Exciting Future (705) 487 -2171 APPLICATION FOR THE SELLING OF FIREWORKS Include with completed application: • Applicable permit fee payment of $300.00 • Written Permission from the property owner. • List of Fireworks Being Offered for Sale Business Information Approvals (office use only) Fire Date Planning Date Name of Company Name of Principle(s) of Company Check One: Individual Corporation Partnership Business Address (Street Number and Name) City Province Postal Code Phone Number Fax Number E -mail Address Applicant Information First Name Phone Number Proposed Business Location Last Name Fax Number Statement of Fact — Important — Please read carefully Title (Mr. /Mrs. /etc) E -mail Address Owner of Land (include address) Birth Date (dd /mm /yyyy I make the following statement of fact: 1. The information set forth in this application is true, accurate and in all material respects complete. 2. 1 am aware that if a license is granted I will carry on my business in compliance with the requirements of By -law No. 2012 -067 and any other relevant statute or act. 3. 1 am aware that a false Statement of Fact may result in the application for a license being refused. This Statement of Fact was made on this day of Signature of Applicant 20 Personal information contained in this form is collected under the authority of the Municipal Act, 2001, Chapter 25, as amended, and will only be used for the purposes for which it was collected. Questions about this collection of information should be directed to the Municipal Law Enforcement Department, 148 Line 7S., Box 100 Oro, Ontario LOL 2X0 Phone: 705 - 487 -2171, Fax: 705 - 487 -0133. Page 8 of 11 Schedule "C "- By -law No. 2012 -067 Township of Townshi p of Oro - Medonte CONSUMER FIREWORKS PERMIT Municipal Law Enforcement Division (DISCHARGE) Proud Heritage, Exciting Future (705) 487 -2171 APPLICATION FOR THE DISCHARGE OF CONSUMER FIREWORKS Include with completed application: • Applicable permit fee payment of $50.00 • Written Permission from the property owner. • Site Plan Drawing /Description of Event Date of Event: Applicant Information First Name Last Name Home Address (Street Number and Name) Start Time: Approvals (office use only) Fire Date End Time: Title (Mr. /Mrs. /etc) Birth Date (dd /mm /yyyy) City Province Postal Code I I I Phone Number Fax Number E -mail Address I I Proposed Location of Discharge Owner of Land (include address) Details of Event: Statement of Fact — Important — Please read carefully I make the following statement of fact: 4. The information set forth in this application is true, accurate and in all material respects complete. 5. 1 am aware that if a permit is granted I will comply with the requirements of By -law No. 2012 -067 and any other relevant statute or act. 6. 1 am aware that a false Statement of Fact may result in the application for a permit being refused. This Statement of Fact was made on this day of , 20 Signature of Applicant Personal information contained in this form is collected under the authority of the Municipal Act, 2001, Chapter 25, as amended, and will only be used for the purposes for which it was collected. Questions about this collection of information should be directed to the Municipal Law Enforcement Department, 148 Line 7S., Box 100 Oro, Ontario LOL 2X0 Phone: 705 - 487 -2171, Fax: 705 - 487 -0133. Page 9 of 11 Schedule "D "- By -law No. 2012 -067 Township of Townshi p of Oro - Medonte DISPLAY FIREWORKS PERMIT Municipal Law Enforcement Division (DISCHARGE) Proud Heritage, Exciting Future (705) 487 -2171 APPLICATION FOR THE DISCHARGE OF DISPLAY FIREWORKS Include with completed application: • Applicable permit fee payment of $150.00 • Written Permission from the property owner. • Proof of $5 million liability insurance • Site Plan Drawing /Description of Event • Copy of Supervisors Certificate Date of Event Applicant Information First Name Last Name Start Time: Phone Number Fax Number Supervisor's Certificate Number Class Proposed Location of Discharge Statement of Fact — Important — Please read carefully I make the following statement of fact: Approvals (office use only) Fire Date Planning Date Transportation Date End Time: Title (Mr. /Mrs. /etc) E -mail Address Issued (dd /mm /yyyy) (Owner of Land (include address) Birth Date (dd /mm /yyyy) Expires (dd /mm /yyyy) 7. The information set forth in this application is true, accurate and in all material respects complete. 8. 1 am aware that if a permit is granted I will comply with the requirements of By -law No. 2012 -067 and any other relevant statute or act. 9. 1 am aware that a false Statement of Fact may result in the application for a license being refused. This Statement of Fact was made on this day of , 20 Signature of Supervisor Personal information contained in this form is collected under the authority of the Municipal Act, 2001, Chapter 25, as amended, and will only be used for the purposes for which it was collected. Questions about this collection of information should be directed to the Municipal Law Enforcement Department, 148 Line 7S., Box 100 Oro, Ontario LOL 2X0 Phone: 705 - 487 -2171, Fax: 705 - 487 -0133. Page 10 of 11 Schedule "E " -By -law No. 2012 -067 General Regulations of the Township's Fireworks By -law a. No person shall discharge fireworks when a fire ban is in effect in the Township. b. No person shall discharge fireworks on any Municipal property without the written consent from the Township. C. No person shall discharge consumer fireworks on any day during the year without first obtaining a permit to do so. d. Notwithstanding Section 2.3, a permit is not required to discharge fireworks on Victoria Day, Canada Day, New Year's Eve and New Year's Day for consumer fireworks provided all other provision of the By -law are met. e. No person under the age of 18 years of age shall purchase, discharge, fire, set off, or cause to be set off any consumer fireworks. f. No person shall discharge any consumer fireworks in a manner that might create danger or nuisance to any person or property. g. Consumer fireworks being discharged on New Year's Eve shall only be set off between dusk and 1:00 a.m. the following day. h. Consumer fireworks being discharged on any other day of the year shall only be set off between dusk and 11:00 p.m. Page 11 of 11