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2005-135 To Regulate and Prohibit the Sale of Setting Off of Fireworks and to Repeal By-Law 94-65 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2005-135 Being a By-law to Regulate and Prohibit the Sale and Setting Off of Fireworks and to Repeal By-Law No. 94-65 WHEREAS Section 121 of the Municipal Act, 2001, S.o. 2001, c.25, as amended, allows municipalities to regulate and prohibit the sale and setting off of fireworks; NOW THEREFORE the Council of the Township of Oro-Medonte enacts as follows: 1. GENERAL PROHIBITIONS 1.1 No person shall display, offer for retail sale, or sell fireworks within the limits of The Corporation of the Township of Oro-Medonte, except on the following recognized holidays: (a) Victoria Day (b) Canada Day and for a period of 5 shopping days prior to the recognized holiday. 1.2 No person shall display, offer for retail sale or sell fireworks within the limits of The Corporation of the Township of Oro-Medonte without obtaining permission from the Township of Oro-Medonte. 1.3 No person shall display, offer for retail sale or sell fireworks within the limits of The Corporation of the Township of Oro-Medonte if an Unassessed Business Person without obtaining a licence under the Transient Traders By-Law of The Corporation of the Township of Oro-Medonte. 1 .4. No person shall discharge or set off any fireworks except during the period in which sales are permitted under Section 1 of this By-Law as well as the two recognized holidays. 2. ENFORCEMENT AND FINES 2.1 Every person who contravenes any Provision of this By-Law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act R.S.o. 1990, Chapter p.33, and every such fine is recoverable under the Provincial Offences Act. 3. EXEMPTIONS 3.1. The provisions of this By-law regarding the display, offer for retail sale or sale of fireworks do not apply to a commercial or retail business established within the limits of The Corporation of the Township of Oro-Medonte. 3.2 Notwithstanding the foregoing provisions of this By-Law, the Council of the Township of Oro-Medonte, upon written application 30 days prior to the holding of any celebration, may grant written permission for the purchase and letting off of fireworks under the following conditions: (a) written approval from the Township of Oro-Medonte Fire Chief, following inspection of the area from which the fireworks will be displayed and type of fireworks; (b) written proof of adequate insurance coverage to the sole satisfaction of The Corporation of the Township of Oro-Medonte; (c) proof of qualifications of the person or persons who will be responsible for the fireworks display under the Explosives Act, R.S.C. 1985 c.E-17. 4. REPEAL That By-Law No. 94-65 be repealed in its entirety. 5. EFFECTIVE DATE This by-law shall come into force and effect on the date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER, 2005. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF DECEMBER, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~. h-:P~ ayor, J. Neil Cr