HomeMy WebLinkAboutCS 26-07
REPORT TO EXECUTIVE
COMMITTEE
Resolution No. 151/07
Dated June 18, 2007
Referred back to staff
Report Number: CS 26-07
Date: June 11,2007
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From:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject:
Fireworks By-law
Recommendation:
1. That Report CS 26-07 of the Director, Corporate Services & Treasurer be
received;
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2. That the draft by-law included as Attachment 1 to provide for the licensing of the
sale and setting off of Fireworks be enacted; and
3. That the appropriate staff of the City of Pickering be given authority to give effect
thereto.
Executive Summary:
In accordance with Section 121 of the Municipal Act, 2001 which provides that local
municipalities may prohibit and regulate the sale and setting off of fireworks it is being
recommended that as a housekeeping process By-law 4168/72 be repealed in its
entirety and that the draft Fireworks By-law attached be enacted.
Financial Implications:
A charge of $100.00 per permit is being recommended to cover enforcement and
administrative cost recovery of the by-law of the by-law provisions.
Sustainability Implications:
Licensing within the City of Pickering is an integral part of a sustainable community in
the areas of a healthy society and healthy community.
Report CS -07
Subject: Fireworks By-law
Date: June 18, 2007
Page 2
139
Background:
By-law 4168n2 will be repealed and as a housekeeping matter the draft Fireworks By-
law attached has been updated in order to comply with all applicable laws and
legislation.
The draft by-law has been reviewed and approved by the City Solicitor.
Key highlights to the revised by-law are as follows:
increased restrictions on portable sales units;
processes for the setting off of fireworks on any land owned by the City through a
display permit from the City;
increased insurance requirements; and
only a qualified fireworks supervisor named in a public display permit is allowed
to set off a display of fireworks or theatrical explosives.
Attachments:
1. Draft By-law
Prepared By:
Approved I Endorsed By:
D. ~:G\An
Debbie Shields
Deputy Clerk
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Debi A. Bentley
City Clerk
~~~~
Gillis A. Paterson
Director, Corporate Services & Treasurer
Attachments
Recommended for
Pickering Ci Co
consideration of
.v
IATTACHMENT # I TO REPORT # C'5 I ;;?b - 07
THE CORPORATION OF TH - (;11 Y OF PICKERING , .
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BY-LAW NO.
Being a by-law to regulate the sale
and the setting off of fireworks
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WHEREAS clause (a) of section 121 of the Municipal Act, 2001 provides that local
municipalities may prohibit and regulate the sale of fireworks and the setting off of
fireworks; and
WHEREAS clause (b) of section 121 of the Municipal Act, 2001 provides that local
municipalities may prohibit the sale and setting off of fireworks unless a permit is
obtained and may impose conditions for obtaining, continuing to hold and renewing the
permit; and
WHEREAS the City of Pickering deems it necessary to regulate the sale and the setting
off of fireworks within the City.
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING ENACTS AS FOllOWS:
PART I -INTERPRETATION
Definitions
1. In this by-law,
(a) "Act" means the Explosives Act, R.S.C. 1985, c. E-17 as amended and
the regulations thereunder;
(b) "City" means the Corporation of the City of Pickering or the geographic
area of the City of Pickering, as the context requires;
(c) "Clerk" means the City Clerk or a designate;
(d) "consumer fireworks" means low hazard fireworks classified under Class
7, Division 2, Subdivision 1 under the Act and the Explosives Regulations
made thereunder generally used for recreation such as showers,
fountains, golden rain, lawn lights, pin wheels, Roman candles, sparklers,
Christmas crackers and caps for toys guns;
(e) "discharge", when used in relation to fireworks, includes firing, igniting,
exploding and setting off of such articles;
(f) "display fireworks" means high hazard fireworks classified under Class
7, Division 2, Subdivision 2 under the Act and the Explosives Regulations
made thereunder generally used for recreation such as rockets, serpents,
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1 4 1 .~hells, bombshells, tourbillions, maroons, large wheels, bouquets,
. 'iJArrages, bambardos, waterfalls, batteries, illumination, set pieces, and
pigeons;
(g) "display permit" a permit issued under this by-law to discharge display
fireworks or theatrical explosives;
(h) "Fire Chief" means the Fire Chief of the City or a designate;
(i) "firecracker" means a pyrotechnic device that is designed to explode after
being ignited without subsequent display or visible effect, but does not
include caps for toy guns, safety flares or marine rockets;
(j) "fireworks" means consumer fireworks, display fireworks and theatrical
explosives;
(k) "fireworks supervisor" means a person who is qualified under the Act to
conduct displays of fireworks;
(I) "officer" means a municipal by-law enforcement officer appointed by the
City;
(m) "person" includes a corporation and the heirs, executors, administrators
or other legal representatives of a person to whom the context can apply
according to law;
(n) "portable sales unit" means a stand, container, cart, seat, display rack,
trailer or other moveable display unit used for the purpose of sale by retail
of consumer fireworks, but does not include a motor vehicle as defined in
the Highway Traffic Act,
(0) "prohibited fireworks" means cigarette loads or pings, exploding
matches, sparkling matches, ammunition for miniature tie clips, cufflink or
key chain pistols, auto alarms or jokers, cherry bombs, M-80 and silver
salutes and flash crackers, throw down torpedoes and crackling balls,
exploding golf balls, stink bombs and smoke bombs, tear gas pens and
launchers, party peppers and table bombs, table rockets and ballet sky
rockets, fake firecrackers and all other trick devices or practical jokes as
included on the most recent list of prohibited fireworks as published from
time to time under the Act;
(p) "sales permit" means a permit issued under this by-law to sell consumer
fireworks from a portable sales unit;
(q) "sell" includes offering for sale, causing or permitting to be sold and
possessing for the purpose of sale; and
(r) "theatrical explosive" means an authorized explosive of a class set out in
section 6 of the Explosives Regulations made under the Act that is
manufactured or used to produce a pyrotechnic theatrical effect in
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connection with a motion picture, theatre or television production, or with a
performance before a live audience.
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Application
2. This by-law shall apply to all lands and premises within the City.
References to Legislation
3. In this by-law, reference to any Act, regulation or by-law is reference to that Act,
regulation or by-law as it is amended or re-enacted from time to time.
Word Usage
4. This Agreement shall be read with all changes in gender or number as the
context may require.
5. A grammatical variation of a word or expression defined has a corresponding
meaning.
Construction
6. Headings in this by-law are for convenience of reference only and shall not affect
the construction or interpretation of this by-law.
7. Unless otherwise specified, references in this by-law to sections and schedules
are to sections and schedules in this by-law.
Severability
8. Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other section or parts of
sections of this by-law.
PART II - SALE OF FIREWORKS
Prohibitions
9. No person shall sell any consumer fireworks to any person at any time except on
the statutory holidays known as Victoria Day and Canada Day and the seven
days immediately preceding such days.
10. No person shall sell or supply fireworks to any person under the age of 18 years.
11. No person shall sell, discharge, store or supply prohibited fireworks or
firecrackers within the City.
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. 12. No person shall sell consumer fireworks from a portable sales unit without first
1 ~~ving obtained a sales permit.
13. No person shall sell consumer fireworks from a motor vehicle.
Sales Permit Applications
14. An application for a sales permit shall be completed using forms provided by the
Clerk.
15. Every sales permit application shall be submitted to the Clerk and be
accompanied by,
(a) a sales permit fee in the amount of $100.00;
(b) if the applicant is a corporation, a copy of the incorporating document and
a copy of the last annual information filed or, if a registered partnership, a
copy of the registered declaration of partnership and a copy of the
business name registration;
(c) a description of the consumer fireworks to be sold;
(d) a letter of authorization from the owner of the property on which the
portable sales unit is proposed to be located containing,
(i) the name of the owner of the portable sales unit; and
(ii) the proposed location on the property of the portable sales unit;
(e) a current certificate of insurance providing proof of liability insurance in the
minimum amount of $2,000,000.00 and naming the City as an additional
insured; and
(f) such other information as the City may require.
16. Proposed sales locations shall only be approved where they are not,
(a) within one hundred (100) metres of the entrance to any public park;
(b) within one hundred (100) metres of any land occupied by a school;
(c) on any premises or place where explosives, gasoline or other flammable
substances are manufactured or stored in bulk including a gas station;
(d) within twenty (20) metres of any road or occupied parking space; and
(e) within fifty (50) metres of any occupied building or residence.
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17. Every person holding a sales permit shall ensure that,
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(a) at least two signs are posted in prominent locations on the outside of the
portable sales unit indicating that persons may not smoke or ignite any
flammable material, or have in their possession any lighted match, lighter,
pipe, cigar, cigarette, open flame or spark emitting device within six (6)
metres of the portable sales unit;
(b) a 2A 10BC rated fire extinguisher is available during the times sales are
taking place;
(c) at least two operational doors are available to provide means of access to
and egress from the portable sales unit;
(d) no more than fifteen (15) customers are in a portable sales unit at the
same time;
(e) no portable power supply to the portable sales unit is located within twelve
(12) metres of the portable sales unit;
(f) no fireworks are exposed to direct sunlight;
(g) with the exception of its entrance and exit, access to an area at least 6
metres around the perimeter of the portable sales unit is restricted by
means of a barrier, such as snow fencing or pylons or other material
satisfactory to the City; and
(h) the sales permit is posted in a conspicuous place on the portable sales
unit at all times during the term of the sales permit.
18. Separate sales permit applications must be made for each and every proposed
sales location.
Term of Permit
19. Sales permits shall be valid only on the statutory holidays known as Victoria Day
and Canada Day and the seven days immediately preceding such days.
Return of Permit
20. Where a sales permit has been revoked, the holder of the permit shall return it to
the Clerk within twenty-four (24) hours of receipt of notification of revocation.
21. Where the sales permit is not returned within twenty-four (24) hours as set out in
section 15, an officer may enter upon the premises of the holder of the sales
permit for the purpose of receiving or taking the sales permit and no person shall
refuse to deliver or in any way obstruct or prevent the officer from obtaining the
sales permit.
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PART 11I- DISCHARGING FIREWORKS
Prohibitions
22. No person shall discharge any fireworks on any land owned by the City without
obtaining a display permit from the City.
23. No person shall discharge any fireworks on any public highway within the City.
24. No person shall discharge any fireworks on any private property without
obtaining the prior written permission of the owner of the property to do so.
25. No person shall discharge any display fireworks or theatrical explosives except in
accordance with all of the conditions contained in a display permit issued to such
person.
26. No person shall discharge fireworks at any time other than during the weekends
containing the statutory holidays known as Victoria Day and Canada Day, unless
permitted in a display permit.
Display Permit Applications
27. An application for a display permit shall be completed using forms provided by
the Clerk.
28. Every display permit application shall be submitted to the Clerk and be
accompanied by,
(a) a display permit fee in the amount of $100.00;
(b) a description of the fireworks to be discharged, the discharge techniques
to be used, and the manner and means of restraining' unauthorized
persons from being too near the discharge location;
(c) a description of the proposed location for the fireworks display;
(d) a letter of authorization from the owner of the property on which the
fireworks will be discharged consenting to the display;
(e) a current certificate of insurance providing proof of liability insurance in the
minimum amount of $2,000,000.00 and naming the City as an additional
insured;
(f) a copy of a license issued pursuant to the Act for the fireworks supervisor
who will be handling and discharging the fireworks;
(g) written confirmation from the Durham Region Police Service that
appropriate arrangements have been made by the applicant for traffic and
crowd control during the display; and
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such other information as the City may require.
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29. Where the proposed display location is City-owned property, the applicant shall
provide the Clerk with an agreement indemnifying and saving harmless the City
with respect to any and all actions arising either directly or indirectly from the
display.
30. Proposed display locations shall only be approved where they are not within,
(a) one hundred (100) metres of any highway;
(b) one hundred (100) metres of the entrance to any public park;
(c) three hundred (300) metres of any hospital, nursing home, home for the
aged, church or school;
(d) within three hundred (300) metres of any premises or place where
explosives, gasoline or other flammable substances are manufactured or
stored in bulk;
(e) fifty (50) metres of any occupied building or residence; and
(f) five hundred (500) metres of another approved display location.
31 . Separate display permit applications must be made for each and every proposed
display location.
Additional Permit Conditions
32. Every display permit shall include the following conditions:
(1) The permit holder shall only discharge the fireworks on the day or days
and at the times specified in the display permit.
(2) The permit holder shall only discharge the fireworks at the location
specified in the display permit.
(3) The fireworks supervisor named in the display permit shall be present in
person at all times during the set up of the fireworks display area, the
handling and discharge of the fireworks, and the clean up of the fireworks
display area.
(4) The permit holder shall take all such safety precautions as are required by
the Fire Chief for the handling and discharge of the fireworks.
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PART IV-ENFORCEMENT
Inspections
33. On receipt of an application for a sales permit or a display permit, or as a
condition of the continuation or renewal of a permit, an officer may, at any
reasonable time, enter upon any land for the purpose of carrying out an
inspection to determine whether or not the provisions of this by-law have been
complied with.
34. For purposes of an inspection, an officer may,
(a) require the production for inspection of any document or things relevant to
the inspection;.
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any person conceming a matter related to the
inspection; and
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
35. No person shall obstruct the officer inspecting or withhold, destroy, conceal or
refuse to furnish any information or thing required by the officer.
Penalties
36. Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act.
PART V - GENERAL
Permit Terms and Conditions
37. Notwithstanding any other provision of this by-law, the City may issue a sales
permit or a display permit subject to such terms and conditions as it considers
necessary in order to ensure public safety.
38. Sales permits and display permits shall not be issued to any person under the
age of 18 years.
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Representations
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39. No person shall make a false or intentionally misleading recital fact, statement or
representation in any agreement, declaration or application form required under
this by-law.
Permits Non-Transferable
40. Display permits and sales permits are not transferable.
Short Title
41. This by-law may be referred to as the "Fireworks By-law".
Repeal
42. By-law No. 4168/72 is repealed in its entirety.
Effective Date
43. This by-law shall come into force on the day of its passing.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
DAY OF ,2007.
David Ryan, Mayor
Debi A. Bentley, Clerk
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