Township of Rideau Lakes
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THE CORPORATION OF THE

TOWNSHIP OF RIDEAU LAKES

 

BY- LAW 2007-108

 

A BY-LAW TO PROHIBIT AND REGULATE

 THE SALE OF FIREWORKS AND

 THE SETTING OFF OF FIREWORKS

 

WHEREAS Section 121.(a) of the Ontario Municipal Act, 2001. S.O. 2001

c.25 as amended provides that the Council may prohibit and regulate the sale of

fireworks and the setting off of fireworks;

 

WHEREAS Section 121.(a) of the Ontario Municipal Act, 2001. S.O. 2001

c.25 as amended provides that the Council may prohibit the activities described in

Section 121.(a), above, 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.

 

AND WHEREAS Council for the Corporation of the Town of Rideau Lakes

deems it necessary for the safety and well being of the community to

prohibit and regulate the setting off of fireworks and for requiring

permits within the Corporation of the Township of Rideau Lakes;

 

NOW THEREFORE the Council of the Corporation of the Township of Rideau Lakes hereby enacts as follows:

 

1.             DEFINITIONS

 

1.1          “Fire Chief” means the Chief of the Township of Rideau Lakes Fire Department;

 

1.2          “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;

 

1.3          “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  Act, R.S. c. E-15, s.1 as amended.

 

1.4          “Highway” includes a common and public highway; a street; a lane; a county road; a township road and a bridge, within the Township of Rideau Lakes forming part of a highway or on, over or across which a highway passes

 

1.5          “Person” includes a partnership, sole proprietorship or corporation

 

1.6                Public Fireworks Display” means an exhibition of Fireworks in an open air assembly, occupancy

               to which the public is invited, attends or admitted, with or without a fee being charged.

It is hereby declared for greater certainty that, on land belonging to a private residence, occupied by the owner, tenant or an authorized person of the residence, that the setting off of Fireworks for their own personal display shall not be deemed to be a Public Fireworks Display.

 

 

 

2.             Prohibition

 

2.1          No person shall set off any Firecracker within the Township of Rideau Lakes.

 

2.2          No person shall set off any Fireworks in, on or onto any building,

highway, sidewalk, municipal park or municipal property, from any vehicle, marine vessel or floating device. 

 

2.3          No person shall set off any Public Fireworks Display unless they

have received a permit issued by the Fire Chief.

 

2.4          Selling Fireworks shall be dealt with pursuant to Section 5.1 of the Township of Rideau Lakes.

Fireworks By-Law.

 

2.5          No person shall sell or cause or permit to be sold any Fireworks to

a person who is less the 18 years old.

 

2.6          No person shall set off any Fireworks within fifteen (15) meters of any  

building, tent, trailer or motor vehicle.

 

3.             Permits for Public Fireworks Display

 

3.1          A permit may be issued by the Fire Chief for a Public Fireworks

Display on any land if the requirements listed in this section are

met.

 

3.2                An application form has been completed as set out in “Schedule B” and

the application fee has been paid in full.

 

3.3          Filed with the application form shall be a current and up to date site

plan with dimensions showing:

 

(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 for clear distance between the point of

launch and an occupied area.

 

                (d)           a copy of the supervisor  card from the federal body regulating

fireworks for each person so carded.

 

                (e)           a list of those assisting with the set up and display showing their

names and date of birth.

 

                (f)            a firing list of all pyrotechnics to be used in the show including

quantity of each.

 

                (g)           the location and precautions being taken for the storage of the

pyrotechnics until set up and display

 

 

3.4          Filed with the application form shall be a statement of the safety

measures being implemented.

 

3.5          Filed with the application form shall be a Certificate of Liability Insurance certifying the permit being applied for 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 Rideau Lakes 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.

 

3.6          The Fireworks shall only be set off on the day or days specified by the permit.

 

3.7          The application fee shall be as set out in “Schedule B” for a Public Fireworks Display that does not include any Fireworks as defined in Class 7 Division 2 Subdivision 2 of The Explosives Regulations made pursuant to the Explosives Act, R.S. c. E-15, s.1, as amended.

 

3.8          The application fee shall be as set out in “Schedule B” for a Public Fireworks Display that does include any Fireworks as defined in Class 7 Division 2 Subdivision 2 of The Explosives Regulations made pursuant to the Explosives Act, R.S. c. E-15, s.1, as amended.

 

3.9          The Fireworks shall only be set off by a person currently certified as a Fireworks Supervisor Level I or Level II by the Explosives Regulatory Division of Natural Resources Canada.

 

3.10        The permit may be suspended or revoked by the Fire Chief if the conditions of the permit are not being met or it is determined by the Fire Chief that it would be unsafe to allow the Public Fireworks display.

 

3.11        Notwithstanding the forgoing sections, the Fire Chief may require any additional information of the applicant to ensure the public’s safety and may impose additional conditions on the issuance of a permit as he deems advisable in the particular circumstances of the application.

 

4.             Exemption

 

4.1          It is hereby declared for greater certainty that, on land belonging to a private residence, occupied by the owner, tenant or an authorized person of the residence, that the setting off of Fireworks for their own personal display shall not be deemed to be a Public Fireworks Display.

 

4.2          Additionally, the display described in Section 5.1 shall not include any Fireworks as defined in Class 7 Division 2 Subdivision 2 of The Explosives Regulations made pursuant to the Explosives Act, R.S. c. E-15, s.1, as amended.

 

4.3          Additionally a special exemption may be granted upon application to the Fire Chief  for a display outside the times indicated in section 5.1 for special events or activities.

 

5.             Sale of Fireworks

 

5.1          No person shall sell at retail in the Township of Rideau Lakes class 7, division 2, subdivision 1 fireworks at any time during the calendar year except in accordance with the following provisions.

 

                (1)           no person shall sell such fireworks to anyone under 18 years of age.

 

(2)           no person shall exhibit such fireworks in any display window except imitations of fireworks containing no explosive or chemical.

 

(3)           no person shall sell such fireworks on any lands except on lands designated for retail  sales pursuant to the zoning by-laws of the Township of Rideau Lakes.

 

(4)           no person shall sell such fireworks except from a supervised display not readily accessible to children.

 

(5)           no person shall sell such fireworks except from a building equipped with adequate safeguards against fire and

 

(6)           no person shall store such fireworks except in a cool dry place, remote from flammable materials and out of the reach of children.

 

 

6              Validity

 

6.1          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.

 

7              Offence and Penalty

 

7.1          Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine of not more than $5,000.00 as provide for in the Provincial Offences Act R.S.o., 1990, P33, as amended.

 

7.2          In addition to any other penalty prescribed by this by-law, any “person” who contravenes any provision of this by-law is guilty of an offence and is liable to a fine or penalty for each offence established pursuant to the Provincial Offences Act and included within “Schedule C” forming part of this by-law.

 

 

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 and second time this 17th day of December 2007.

 

 

 

_____________________________                          ______________________________

Ronald E. Holman                                                      Dianna G. Bresee

Mayor                                                                          Clerk

 

 

 

Read a third time this 17th day of December 2007.

 

 

 

_____________________________                          ______________________________

Ronald E. Holman                                                      Dianna G. Bresee

Mayor                                                                          Clerk

 

 

 

 

 

 

"SCHEDULE A”

 

THE CORPORATION OF THE TOWNSHIP OF RIDEAU LAKES

 

APPLICATION FOR PERMIT TO DO A PUBLIC FIREWORKS DISPLAY

 

LOCATION OF PUBLIC FIREWORKS DISPLAY

 

Ward____________________________________________________________________________

 

Lot________________   Conc.___________________ EHS/WHS____________ PLAN_________

 

Street and Number__________________________________________________________________

 

OWNER OF PROPERTY WHERE DISPLAY WILL OCCUR

 

Name______________________________________________________________________________

 

Address____________________________________________________________________________

Phone:   Residence________________________ Business_______________________ Fax___________

 

I, ________________________________, consent to the Display of Fireworks from my property.

                (owner of property)

                                                                                                                                ___________________________

                                                                                                                                                (Signature of owner)

 

 

VENDOR OF FIREWORKS

 

Name____________________________________________________________________

 

Address__________________________________________________________________

 

Phone: Residence________________________Business__________________ Fax___________________

 

 

APPLICANT FOR FIREWORKS PUBLIC DISPLAY PERMIT

 

I, ___________________________, do solemnly declare that I have appointed

     ( head of organization holding)

 

__________________________, as my agent for the purposes of this Fireworks Public Display application.

                (name of displayer)

____________________________

(Signature of  head of organization)

I, ___________________________, do solemnly declare that the information provided in this application

       (name of applicant/displayer)

is true and correct.

 

__________________________________                                                 ____________________________

                                (Date)                                                                                                 (Signature of applicant)

Requirements for Schedule A (to be attached)

 

(a)           the location site plan of the proposed Public Fireworks Display

 

(b)           the access to be provided for fire and emergency vehicles.

 

(c)           the free zone area for clear distance between the point of

launch and an occupied area.

 

                (d)           a copy of the supervisor  card from the federal body regulating

fireworks for each person so carded.

 

                (e)           a list of those assisting with the set up and display showing their

names and date of birth.

 

                (f)            a firing list of all pyrotechnics to be used in the show including

quantity of each.

 

                (g)           the location and precautions being taken for the storage of the

pyrotechnics until set up and display

 

 

 

 

 


 

 

“SCHEDULE B”

 

THE CORPORATION OF THE TOWNSHIP OF RIDEAU LAKES

 

PERMIT FEES

 

 

1.         Application fee for a Public Fireworks Display                      $10.00

            Which does not include Class 7 Division 2 Subdivision 2

            Fireworks

 

 

2.         Application fee for a Public Fireworks Display                      $50.00

            Which does include Class 7 Division 2 Subdivision 2

            Fireworks

 


 

 

“SCHEDULE C”

 

THE CORPORATION OF THE TOWNSHIP OF RIDEAU LAKES

 

Part 1 Provincial Offences Act

 

By-Law #2007-108, Fireworks

 

1.         Exhibit fireworks in a window                                   Sec. 5.1 (2)      $150.00

 

2.         Sell fireworks on lands not zoned retail                     Sec. 5.1 (3)      $200.00

 

3.         Sell fireworks from a unsupervised and child                        Sec. 5.1 (4)      $150.00

            accessible display

 

4.         Store fireworks in a location which poses a fire         Sec. 5.1 (5)      $200.00

            And explosion hazard

 

5.         Set off any firecracker within the Township              Sec. 2.1           $100.00

 

6.         Set off a public fireworks display without a permit   Sec. 2.5           $500.00

 

7.         Set off any fireworks on or onto any building           Sec. 2.4           $150.00

 

8.         Set off any fireworks on or onto a highway               Sec. 2.4           $150.00

 

9.         Set off any fireworks on or onto any sidewalk          Sec. 2.4           $150.00

 

10.       Set off any fireworks on or onto any municipal         Sec. 2.4           $150.00

            park

 

11.       Set off any fireworks on or onto any municipal         Sec. 2.4           $150.00

            property

 

12.       Set off any fireworks from any vehicle                      Sec. 2.4           $150.00

 

13.       Set off any fireworks from any marine vessel            Sec. 2.4           $150.00

 

14.       Set off any fireworks from any floating device         Sec. 2.4           $150.00

 

15.       Set off any fireworks within fifteen (15) meters        Sec. 2.9           $200.00

            of any building

 

16.       Set off any fireworks within fifteen (15) meters        Sec. 2.9           $200.00

            of any tent

 

17.       Set off any fireworks within fifteen (15) meters        Sec. 2.9           $200.00

            of any trailer

 

18.       Set off any fireworks within fifteen (15) meters        Sec. 2.9           $200.00

            of any motor vehicle

 

19.       Sell fireworks to a person under 18 years of age        Sec. 5.1 (1)      $500.00

 

 

 
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Bylaw 2007-108 (106K PDF file)


 
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Township of Rideau Lakes, 1439 County Road 8, Delta, ON, K0E 1G0
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