3369 To regulate the sale, display and discharge of fireworks within the Town of Tillsonburg.THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3369
BEING A BY-LAW TO REGULATE THE SALE, DISPLAY AND DISCHARGE OF
FIREWORKS WITHIN THE TOWN OF TILLSONBURG.
WHEREAS the Municipal Act, 2001, S .O. 2001, c. 25, as amended, provides that a municipality
may prohibit and regulate the sale of fireworks and the setting off of fireworks;
AND WHEREAS, a By -Law pursuant to the Municipal Act, 2001, S .O. 2001, c. 25, may
prohibit the sale and the discharging of fireworks unless a permit is obtained and may impose
conditions for obtaining, continuing to hold and renewing the permit including requiring the
submission of plans;
AND WHEREAS the Council of The Corporation of the Town of Tillsonburg deems it
necessary to regulate the sale and setting off of fireworks,
NOW THEREFORE THE COUNCIL OF T E CORPORATION OF THE TOWN OF
TILLSONBURG HEREBY ENACTS AS FOLLOWS.
1. SHORT TITLE
1.1. This By -Law shall be known as the "Fireworks By -Law".
2. DEFINITIONS
"Act" means the Explosives Act (R. S'., 1985, c. E-17) (Canada) and the regulations
enacted there under.
"Chief Fire Official" means the Chief Fire Official of the Town of Tillsonburg
appointed under the authority of the Fire Prevention and Protection Act, designate or
authority having jurisdiction.
"Display Fireworks Manual" means the manual released by Natural Resources Canada:
Explosives Regulatory Division as amended.
------------
By-Law # 3369 Page 1
"Firecracker" means a pyrotechnic device that explodes when ignited and does not
make any subsequent display or visible effect after the explosion, and includes devices
commonly known as Chinese firecrackers.
"Fireworks" means Display Fireworks, Pyrotechnic Special Effects Fireworks and
Family Fireworks and:
"Consumer Fireworks" means an outdoor, low hazard article designed for
recreational use and they are classed as Subdivision 1 of Division 2 of Class 7
Fireworks under the Act (1.4G in the Transportation of Dangerous Goods (TDG)
Regulations) . They include fireworks showers, fountains, golden rain, lawnlights,
pin wheels, Roman candles and volcanoes, , but do not include sparklers,
Christmas crackers or caps for toy guns containing not in excess of twenty-five on
hundredth of a grain of explosive used per cap.
"Display Fireworks" means an outdoor, high hazard, recreational firework that is
classed as Subdivision 2 of Division 2 of Class 7 Fireworks under the Act, and
includes rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels,
bouquets, bombardos, waterfalls, fountains, batteries, illuminations, set pieces,
and pigeons but does not include firecrackers.
"Display Supervisor" means a Person who is an approved purchaser of Display
Fireworks and who is qualified under the Act to supervise the discharge of Display
Fireworks.
"License" means a license or permit issued by the Licensing Officer for the Corporation
of the Town of Tillsonburg.
"Licensing Officer" means the Clerk / Manager of Council Services, or designate.
"Municipal Law Enforcement Officer" means a person appointed by the Council for
the Town of Tillsonburg for the purpose of enforcing Municipal by-laws and for the
purposes of this By -Law shall include the Ontario Provincial Police or any other police
agency.
Town of Tillsonburg means The Corporation of the Town of Tillsonburg.
"Owner" means the Person who owns the Property and, for the purposes of this By -Law,
shall include any owner, occupant, tenant or lessee.
By -Law # 3369 Page 2
"Person" means the Owner and may also include any individual, company, corporation,
partnership, firm, trust, sole proprietorship, government or government agency, authority
or entity, however constituted, joint venture, syndicate or any other legal entity, and
includes all successors, assigns or other legal representatives of any such entities. A
person shall not include a Pyrotechnician as defined in this By -Law.
"Property" means any parcel of land or registered water lot and, without limiting the
generality of the foregoing, shall means lands and premises appurtenant to a building or
structure whether residential or commercial but shall exclude any building or structure.
"Pyrotechnic Special Effects" means compositions, articles and devices created for the
purpose of entertainment through the use of pyrotechnic, propellant and explosive
materials.
"Pyroteehnician" means the Person certified by Natural Resources Canada to conduct a
public or private Pyrotechnic Special Effects Display.
"Pyrotechnics" means the science of materials capable of undergoing self-contained and
self -sustained exothermic chemical reactions for the productions of heat, light, gas,
smoke and / or sound.
"Pyrotechnics Special Effects Manual" means the manual released by Natural
Resources Canada: Explosives Regulatory Division as amended.
"Retail Sale" means a sale for the purpose of consumption or use and not for resale and
includes sale by auction.
"Shop" means a building or part of a building, booth, stall, trailer, vehicle or place where
goods are exposed and offered for sale.
"Vehicle" shall include a motor vehicle, trailer, recreational vehicle, camper, all terrain
vehicle, mobile home, boat, watercraft, traction engine, farm tractor, road -building
machine and a vehicle drawn, propelled or driven by any kind of power, including a
motorized snow vehicle, or the cars of electric or steam railways running only upon rails.
By -Law # 3369 Page 3
3. GENERAL PROVISIONS
3.1 General
(a) No Person shall store, handle, sell, or display Fireworks except in accordance
with the Act and this By -Law.
(b) No Person shall store, handle, sell, or display Fireworks without written
permission of the Chief Fire Official.
(c) No Person under the age of eighteen (18) years shall possess Fireworks.
3.2 Firecrackers
(a) No Person shall offer for sale, cause to be sold, or sell Firecrackers.
(b) No Person shall set off, or cause to be set off any Firecrackers.
(c) No Person shall possess Firecrackers.
3.3 Consumer Fireworks — Sale
(a) No Person shall sell any Consumer Fireworks to any Person under the age of
eighteen (18) years.
(b) No Person shall display and / or sell any Consumer Fireworks except on
Canada Day, Labour Day, New Year's Eve, and on the day fixed by
proclamation for the observance of Victoria Day, or any other such day as is
proclaimed by the Town of Tillonburg as a suitable patriotic celebration, and
the proceeding seven (7) days in each case.
(c) No Person shall advertise the sale of Consumer Fireworks except on Canada
Day, Labour Day, New Year's Eve, and on the day fixed by proclamation for
the observance of Victoria Day, or any other such day as is proclaimed by the
Town of Tillsonburg as a suitable patriotic celebration, and the preceding
twenty-one (21) days in each case.
(d) No Person shall sell to any person any Consumer Fireworks, of a type or the
setting off of which is prohibited by the provisions of this By -Law or the Act.
(e) No Person shall display, sell or offer or expose for sale any Consumer
Fireworks without first obtaining a License to do so from the Licensing Office
by completing in its entirety a "Retail of Consumer Fireworks Form" and such
By -Law # 3369 Page 4
License application is approved by the Chief Fire Official and after paying the
appropriate non-refundable application fees as set out in the Town of
Tillsonburg By -Law. Said License is non -transferable by owner and/or
location or premise.
(f) The holder of a License issued under Subsection 3.3 (e) shall prominently
display the License in the place of business where the Fireworks are being
offered for sale and such License shall be produced to any Municipal Law
Enforcement Officer upon request.
(g) Every Person displaying or storing Fireworks shall post a clearly visible sign
prohibiting smoking in letters or symbols at least 10 cm high in the display
area and on each door to the storage unit, or on the container being used as a
storage unit.
(h) No Person shall smoke or use an open flame, such as a light, match or torch,
in a room or space where Fireworks are stored or displayed or in any case less
than 3 metres from any fireworks.
3.4 Consumer Fireworks — Discharging
(a) No Person shall ignite, set off or have a display of Consumer Fireworks on
any Property unless such Person is the owner of that Property or has written
permission to do so by the owner of such Property.
(b) No Person shall ignite, set off of have a display of Consumer Fireworks
without the supervision of a responsible Person of at least eighteen (18) years
of age.
(c) The Person in Subsection 3.4 (b) shall have the necessary means readily at
hand to summons the Fire Department.
(d) No Person shall ignite, discharge or set off any Consumer Fireworks into or
inside of any building, structure, vehicle, or on any other place of Property
where such ignition, discharge or setting off may create a nuisance or safety
hazard to any Person or Property.
By -Law # 3369 Page 5
(e) No Person shall ignite, discharge or set off any Consumer Fireworks into or
on Municipal Property including without limitation, streets, lanes, squares or
other public places without written approval of the Licensing Officer.
(f) No Person shall ignite, discharge or set off any Consumer Fireworks off of, or
from the roof of any building or structure, or anywhere with less clearance to
persons and combustible property as is prescribed by the manufacturer on the
exterior of the firework article without written approval of the Chief Fire
Official or designate.
(g) No Person shall ignite, discharge or set off any Consumer Fireworks after the
hour of 11 p.m. (local time) on the day of, 2 days previous to, or 2 days
following the days established by Section 3.3 (b)
3.5 Display Fireworks — Sale
(a) No Person shall sell any Display Fireworks to any Person under the age of
eighteen (18) years or to any Person unless they are qualified as a Fireworks
Supervisor.
3.6 Display Fireworks — Discharging
(a) No Person shall ignite, set off, or have a display of Display Fireworks on any
Property unless such person is the owner of the Property or has written
permission to do so by the owner of that Property.
(b) No Person shall ignite, set off, or have a display of Display Fireworks unless
such Person is qualified as a Fireworks Supervisor.
(c) A Display Supervisor shall produce a current certificate of qualification as
issued by the Explosive Regulatory Division upon the request of any
Municipal Law Enforcement Officer.
(d) No Person shall ignite, set off, or have a display of Display Fireworks unless
there is provided and maintained fully operational fire extinguishing
equipment, ready for immediate use and present at all times and for a
reasonable period thereafter at the location or site of the discharge of Display
Fireworks.
By -Law # 3369 Page 6
(e) No Person shall transport, setup, ignite, or operate Display Fireworks except
in accordance with the requirements outlined in the Display Fireworks Manual
and this By -Law.
3.7 Display Fireworks — Licensing
(a) No Person shall ignite, set off, or have a display of Display Fireworks without
first obtaining a License to do so from the Licensing Officer by completing in
its entirety the current "Display Fireworks Event Form" and such License
application is approved by the Chief Fire Official, and after paying the
appropriate non-refundable application fees as set out in the Town of
Tillsonburg Fees By -Law.
(b) No Person shall ignite, set off, or have a display of Display Fireworks except
in accordance with the information provided on the "Display Fireworks Event
Form" required in Subsection 3.7 (a)
(c) Every application shall be made not less than twenty-one (21) days prior to
the setting off of the Display Fireworks.
(d) Every application for a License must include proof of liability insurance
coverage for the setting off or holding of a display of Display Fireworks in the
minimum amount of $2,000,000 and shall name the Town of Tillsonburg as
an additional named insured.
(e) Every application shall state the name and contact information in which the
License is to be issued, state the date, time, and location or site of the setting
of the Display Fireworks and state the name and phone number of the
Fireworks Supervisor.
(f) Upon conclusion of the display, the Fireworks Supervisor shall walk the
display site and fallout area. Any unused fireworks and all debris resulting
therefrom shall be removed immediately and safely disposed of by the
License holder.
3.8 Pyrotechnics
(a) No Person shall conduct an event including Pyrotechnic Special Effects
without the approval of the Chief Fire Official or designate.
By -Law # 3369 Page 7
(b) No Person shall transport, setup, ignite, or operate Pyrotechnic Special
Effects except in accordance with the requirements outlined in the Pyrotechnic
Special Effects Fireworks Manual.
(c) An application for event approval shall be made using a current "Pyrotechnic
Special Event Approval Form" approve by the Chief Fire Official, a "Pyro
Effects plan" for live entertainment containing the requirements as set out by
the Chief Fire Official of a "Letter of Intent" for film productions containing
the requirements as required by the Chief Fire Official, and a letter from the
venue's owner or agent granting permission for the use of pyrotechnics
special effects. All forms must be submitted to the Chief Fire Official at least
1 month prior to the event.
4. ENFORCEMENT
(a) This By-law shall be enforced by any Municipal Law Enforcement Officer.
(b) Any Municipal Law Enforcement Officer shall determine what shall
constitute a health, fire or safety hazard.
(c) Any Municipal Law Enforcement Officer of the Licensing Officer may revoke
a License issued pursuant to this By -Law at any time. Terms and conditions
of the Town of Tillsonburg Licensing By -Law as amended shall apply to
Licenses issued under this By -Law.
(d) In the case of a health, fire or safety hazard, any Municipal Law Enforcement
Officer may compel that said hazard be removed forthwith without notice.
5. PENALTY
Every Person who contravenes this By -Law is guilty of an offence and upon
conviction is liable to a fine or penalty as provided for in the Provincial Offences
Act, R.S.O. 1990, as amended.
6. SEVERABILITY
In the event that any of the provisions of this By -Law are deemed ultra vires by
any Court of competent jurisdiction, the remaining terms and provisions shall
remain in full force and effect.
By -Law # 3369 Page 8
7. FEE
By-law 3190, Schedule D specifies the amount of the Fee for an Application of
License required by this By-law.
8. REPEAL
Former By-law #1408
9. EFFECTIVE DATE
The effective date of this By -Law shall be September 8, 2009.
ENACTED AND PASSED THIS
READ a first and second time this 8th
day of June, 2009
READ a third and;eO9-'
d passed
this 13'' day of Ju
Mayor- Stephen Molnar
Clerk — Michael Graves
By -Law # 3369 Page 9