2009-023 Regulate and Prohibit the Sale and Setting off of Fireworks and to Repeal By-law No. 2005-135THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-023
Being a By-law to Regulate and Prohibit the Sale and Setting Off of Fireworks
and to Repeal By-Law No. 2005-135
WHEREAS Section 121 of the Municipal Act, 2001, S.Q. 2091, c.25, as amended,
allows municipalities to regulate and prohibit the sale and setting off of fireworks;
AND WHEREAS the Council of The Corporation of The Township of Oro-Medonte
deems it appropriate to regulate 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. Such permission shall be
subject to a fire inspection, and approval from the Oro-Medonte Fire &
Emergency Services Department.
1.3 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 setting off of fireworks display under the Explosives Act, R.S.C.
1985 c. E-17.
k
(d) 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 the Oro-Medonte Fire & Emergency
Services Department.
4. REPEAL
That By-Law No. 2005-135 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 25TH DAY OF FEBRUARY,
2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF
FEBRUARY, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~s
Mayor, H.S. Hughes
C rk, J. Douglas Irwin
PROVINCIAL OFFENCES ACT
PARTI
MAY - 1 2009
ORO-MEDONTE
n►A I..__
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the attached schedule of offences under the Provincial Statutes and
Regulations thereunder and Municipal By-law No. 2009-a23 for The Corporation
of the Township of Oro-Medonte, attached hereto is the set fine for those
offences. This Order is to take effect April 20th, 2009.
DATED at Newmarket this 20th
day of April, 2009.
Gregory Regis
Regional Senior Justice
Central East Region
Township of Oro-Medonte
By-law No. 2009-023
To Regulate and Prohibit the Sale and Setting off of Fireworks
Part I Provincial Offences Act
Provisions
Item
Short Form Wording
Creating or
Set Fine
Defining Offence
1
Display fireworks for sale other
Section 1.1
$50.00
than at approved times
2
Offer fireworks for retail sale other
Section 1.1
$50.00
than at approved times
3
Sell fireworks other than at
Section 1.1
$50.00
approved times
4
Display fireworks without authority
Section 1.2
$50.00
5
Offer fireworks for retail sale
Section 1.2
$50.00
without authority
6
Sell fireworks without authority
Section 1.2
$50.00
7
Discharge fireworks on other than
Section 1.3
$50.00
approved dates
NOTE: The penalty provision for the offences indicated above is Section 2.1 of By-law
No. 2009-023
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