Fireworks

1. This by-law may be referred to as the "Fireworks By-law".

In this By-law:

1. "Act" means the Explosives Act, R.S.C. 1985, c. E-17, as amended, and any regulations enacted thereto, or any act or regulations enacted in substitution thereof;
2. "Authorization" means a permission of the Council of the Township of Alfred and Plantagenet granted by resolution or amendment to permit the discharging of fireworks;
3. "Corporation" shall mean the Corporation of the Township of Alfred and Plantagenet.
4. "Council" shall mean the Council of the Corporation of the Township of Alfred and Plantagenet.
5. "Explosives Act" means the Explosives Act, R.S.C. 1985, c. E-17, as amended, and any regulations enacted thereto, or any act or regulations enacted in substitution thereof;
6. "Fire Chief' means the person appoint by By-law as Fire Chief for the Township of Alfred and Plantagenet or his or her designate;
7. "Firecracker" means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion, and includes those devices commonly known as Chinese firecrackers;
8. "Fire Protection and Prevention Act" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, and any regulations enacted thereto, or any act or regulations enacted in substitution thereof;
9. "Fireworks" shall consist of the following devices:
   1. "Display Fireworks" means high hazard fireworks generally used
      for recreation that are classified under Class 7, Subdivision 2 of
      Division 2, as described in subsection 14(6) of Regulation C.R.C., c.
      599 of the Explosives Act and includes but is not limited to rockets,
      serpents, shells, bombshells, tourbillions, maroons, large wheels,
      bouquets, barrages, bombardos, waterfalls, fountains, batteries,
      illuminations, set pieces and pigeons, but excluding firecrackers;
   2. "Consumer Fireworks" means consumer fireworks that do not
      travel more than three (3) meters from the point of ignition are low
      hazard fireworks generally used for recreation that are classified
      under Class 7, Subdivision 1 of Division 2, as descried in subsection
      14(5) of Regulation C.R.C., c 599 of the Explosives Act, and includes
      but is not limited to, firework showers, fountains, lawn lights,
      pinwheels, volcanoes, sparklers and other similar devices, but
      excluding Christmas crackers and caps for toy guns;
   3. "Special Effect Pyrotechnic" means a high hazard firework that is
      classed as a F.3 Special Effect Pyrotechnics under the Act and that
      is used to produce a special pyrotechnic effect for indoor or outdoor
      performances and includes black powder bombs, bullet effect, flash
      powder, air bursts, smoke compositions, gerbs, lances and wheels;
   4. "Prohibited Firework" includes but is not limited to cigarette loads
      or pings, exploding matches, sparkling matches, ammunition for
      miniature tie clip, 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 battle sky rockets, fake firecrackers
      and other trick devices or practical jokes as included on the most
      recent list of prohibited fireworks as published for time to time under
      the Act;
10. "Fireworks 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;
11. "Flying Lantern" also known as Sky Lantern, Chinese Lantern, Kongming
    Lantern or Wish Lantern, means a small hot air balloon or similar device
    made of treated paper or any other material, with an opening at the bottom,
    which is propelled y an open flame generated by a small candle or fuel cell,
    allowing the balloon or similar device to rise and float in the air,
    uncontrollably, while ignited;
12. "FPPA" see the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4,
    as amended, and the regulations enacted thereunder as amended from
    time to time or any act and regulations enacted in substitution therefore;
13. "Highway" means and includes a common and public highway, street,
    avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any
    pat of which is intended for or used by the general public for the passage of
    vehicles and includes the area between the lateral property lines thereof;
14. "Municipal Law Enforcement Officer" shall mean the Municipal Law
    Enforcement Officer of the Township of Alfred and Plantagenet;
15. "Municipal Building" means any building, or structure to which the
    Township holds right or ownership to;
16. "Municipal Property" means any land and any indoor or outdoor facilities
    or installations located on this land which is owned, leased or operated by
    the Corporation of the Township of Alfred and Plantagenet;
17. "Outdoor" means the whole or part of any outdoor area, and for the greater
    certainty includes any open space which is outside of a building, structure,
    including ay temporary building, structure or part thereof, whether covered
    by a roof or not;
18. "Person" shall mean an include any individual, corporation, partnership,
    company, association or party and the heirs, executors, administrators or
    other legal representatives of such person, to whom the context can apply
    according to the law;
19. "Permit" means a Display Fireworks, or a Pyrotechnic Special Effects
    Fireworks Permit issued by the Township of Alfred and Plantagenet By-law
    Enforcement Department with the written approval of the Township of Alfred
    and Plantagenet Fire Services, the form of which may be amended from
    time to time;
20. "Pyrotechnician" means a person who is certified under the Act as a
    Theatrical User, an Assistant, a Pyrotechnician or a Special Effects
    Pyrotechnician and is qualified to purchase and supervise the display of
    pyrotechnic special effect fireworks under the Act;
21. "Sale" or "Sell" means and shall include all attempts to offer to sell or
    invitations to purchase whether by express act or implication;
22. "Township" shall mean the Township of Alfred and Plantagenet;
23. "Vehicle" shall mean a motor vehicle, trailer, boat, motorized snow vehicle,
    mechanical equipment and any vehicle drawn, propelled or driven by any
    kind of power;

1. No person shall possess or discharge any fireworks that are not authorized by the Explosive Act.
2. No person shall discharge fireworks when there is a fire ban in place.
3. No person shall discharge firecrackers.
4. No person shall ignite, release, or set off into the air an ignited Flying Lantern.

1. No person shall knowingly sell or supply fireworks to a person less than eighteen (18) years of age.
2. No person shall sell or supply fireworks to a person who appears to be under the age of twenty-five (25) without a proof of age.
3. A person who accepts money from a person less than eighteen (18) years of age or apparently less than twenty-five (25) years of age without proof of age in return for fireworks purchased from a licensed retailer is deemed to have sold or supplied fireworks in contravention to section 7 or 8 of this by-law.

1. No person shall discharge Consumer Fireworks except on the days listed in Schedule "A" of this by-law.
2. No person shall discharge Consumer Fireworks except between sunset and 11:00 p.m. on the days designated in this by-law.
3. No person shall discharge Consumer Fireworks from, onto or over any building or vehicle.
4. No person less than eighteen (18) years of age shall discharge Consumer Fireworks except under the direct supervision and control of a person eighteen (18) years of age or older who shall, at all times remain physically present in the immediate area where the Consumer Fireworks are being discharged.
5. No parent or guardian of any person less than eighteen (18) years of age shall
6. allow or permit that an underage person to discharge Consumer Fireworks except under the direct supervision and control of a person eighteen (18) years of age or older who shall at all times, remain physically present in the immediate area where the Consumer Fireworks are being discharged.
7. No person shall discharge Consumer Fireworks on any land that is not owned or legally possessed by him or her, unless written permission for the discharging of Consumer Fireworks has been obtained from the owner or person in charge of the land.
8. No person shall discharge Consumer Fireworks in any of the Township owned parks, land, building or in any other public place or storm water management land, without the prior authorization from Council.
9. No person shall discharge Consumer Fireworks from, onto or over any highway, street, lane, boulevard, roundabout private roadway or sidewalk.
10. Every person who sets off or is responsible for the discharging of Consumer Fireworks shall provide and maintain fully operational fire extinguishing equipment, including but not limited to portable fire extinguishers or a water supply, ready for immediate use and present at all times and for at least thirty (30) minutes after the discharging of the Consumer Fireworks has terminated, at the location of the discharging of Consumer Fireworks.
11. Every person who sets off Consumer Fireworks shall take all steps reasonably necessary, as would a reasonable and prudent person, to ensure that no harm to persons, animals or damage to property shall result from the discharging of or use of Consumer Fireworks.

1. No person shall discharge Display Fireworks in the Township of Alfred and Plantagenet except pursuant to the terms of a permit issued by the Township of Alfred and Plantagenet for such purpose and in compliance with the provisions of
   this By-law and all other applicable laws.
2. Display Fireworks shall only be discharged under the supervision of a person who is, at a minimum, certified as "display supervisor" under the Explosives Act.
   1. Every permit shall include a description of the event including:
      1. The date and time of the proposed discharge of display fireworks;
      2. The type and kind of display fireworks that may be discharged;
      3. The discharge techniques to be used;
      4. The manner and means of restraining unauthorized persons from attending too close to the discharge site;
      5. The manner in which unused display fireworks are to be disposed of; and
      6. The number of persons authorized to handle and discharge the display fireworks.
   2. A site plan providing a description of the discharge site to be used for the discharging of the display fireworks;
   3. A description of the fire emergency procedures;
   4. The name and address of the applicant and the sponsoring organization if applicable;
   5. Proof of certification of the applicant as a Firework Supervisor;
   6. Proof of consent of the owner of the property to the discharge of Display Fireworks in writing if the applicant is not the owner of the property;
   7. Proof of insurance and indemnification in accordance with Sections
   8. Such other information as required by the Municipal Law Enforcement Officer and/or the Fire Chief; and
   9. Payment of applicable fees as set out in Schedule B of this by-law;
3. The Municipal Law Enforcement Officer and/or Fire Chief may refuse any permit request if the application:
   1. Is incomplete;
   2. Is not submitted by a Fireworks Supervisor;
   3. There are reasonable grounds for belief that the holding of the display of fireworks will result in a breach of this by-law, the FPPA of the Act.
4. Every Permit holder who sets off Display Fireworks shall:
   1. Take all steps reasonably necessary, as would a reasonable and prudent person, to ensure that no harm to persons, animals or damage to property shall result from the discharging or use of Display Fireworks;
   2. Comply at all times with the requirements of the Act, FPPA and the Display Fire Works Manual published by Natural Resources Canada or any successor publication.
5. If the Display Fireworks are to be discharged in any Township Park, on Township owned land, or in any other public place, the approval in writing of Director of Parks and Recreation must be obtained by the applicant prior to the issuance of a permit.
6. A permit issued under this by-law may be revoked at any time if a breach of this by-law, the FPPA or the Act occurs.

The applicant for a permit of Display Fireworks and Pyrotechnic Special Effects
Fireworks shall put insurance in effect and maintain it in full force with an insurer
acceptable to the Township:

1. Commercial general liability insurance issued on an occurrence basis for an amount of not less than $5,000,000.00 per occurrence / $5,000,000. Annual aggregate for any negligent acts or omissions by the Vendor / Supplier / Applicant relating to their obligations under the Fireworks by-law. Such insurance shall include but is not limited to bodily injury and property damage including loss of use; personal injury; contractual liability; premises, property & operations; non-owed automobile; broad form property damage; Owners & Contractors protective; occurrence property damage; products; broad form completed operations; employees and volunteers as additional lnsured(s); contingent employer's liability; tenant's legal liability; cross liability and severability of interest clause. Such  insurance shall not contain an exclusion for discharging fireworks.
2. The insurance shall add the Corporation of the Township of Alfred and Plantagenet as additional Insured. This insurance shall be non-contributing with and be primary to any insurance available to the Township.
3. Automobile liability insurance with respect to owned or leased vehicles used directly or indirectly in the performance of the services covering liability for bodily injury, death and damage to property with a limit of not less than $2,000,000 inclusive for each and every loss.
4. Any and all deductibles applicable to the above-noted insurance policies shall be the sole responsibility of the Named Insured, and the Township shall bear no cost towards such deductibles.
5. The vendors / contractors / applicants are responsible to effect physical damage on their assets/equipment-failure to do so will no impose any liability on the Township.
6. The vendors / contractors / applicants shall provide the Township with a certificate of insurance evidencing coverage as noted above. Such policies shall not be cancelled, changed or lapsed unless the Insurer notifies the Township in writing at least thirty (30) days prior to the effective date of such cancellation, material change or lapse. The insurance policy will be in a form and with a company licensed to write business in the province of Ontario and which are, in all respects, acceptable to the Township.
7. The Township reserves the right to assess exposures and add additional insurance requirements where it is deemed necessary.
8. The applicant for a permit of Display Fireworks and Pyrotechnic Special Effects Fireworks shall indemnify and save harmless the Corporation of the Township of Alfred and Plantagenet, their elected officials, officers, employees, volunteers and agents from and against any and all claims, actions, losses, expenses, fines, costs (including legal costs), interest, or damages of every nature and kind whatsoever, including, but not limited to, bodily injury or damage to or destruction of tangible property including loss of revenue arising out of or allegedly attributable to the negligence, acts, errors, omissions, whether willful or otherwise by the Vendor / Supplier / Applicant, their officers employees, volunteers, guests, invitees, agents, or others to who the Vendor/ Supplier/ Applicant is legally responsible. This indemnity shall be in addition to an not in lieu of any insurance to be provided by the Vendor / Supplier/Applicant in accordance with this agreement and shall survive this agreement.

1.  This by-law shall not apply to any Consumer Fireworks, Display Fireworks or Pyrotechnic Special Effect Fireworks being discharged by or on behalf of the Township of Alfred and Plantagenet.

1. This by-law shall be enforced by the Municipal Law Enforcement Officer of the Township of Alfred and Plantagenet, the Fire Chief or his or her designate.

1. No person shall obstruct, hinder, or interfere with a Municipal Law Enforcement
   Officer, or the Fire Chief in the lawful performance of their duties.

1. If any person/applicant or permit holder or contravenes any provision of this bylaw, the Fire Department may enter upon any lands to extinguish the fire.
2. The owner of the land may be liable to any fees in relation to section 43 of this bylaw.
3. Should the Fire Department cause work to be done under section 41 of this bylaw, the owner shall be responsible for any damage to property or injury to persons or animal occasioned by the said discharge of fireworks and shall be liable to pay any fees together with any cost including but not limited to personnel, equipment and apparatus necessary and called in to extinguish the said fireworks. Such total amount, together with the administrative fee, shall be added to the collector's roll of taxes to be collected and shall be subject to the same penalty and interests charges as real property taxes, and shall be collected in the like manner and with the same remedies as real property taxes.
4. Before the certificate of the Clerk of the Corporation is issued under section 43 of this by-law, an interim certificate shall be delivered to the owner of the property that is used to the lien, as well as to all prior mortgagees or other encumbrances and the affected owner, mortgagees or other encumbrances shall have two (2) weeks from the date of the receipt of the interim certificate to appeal the amount shown thereon to the Council of the Corporation.
5. Any person who contravenes, causes, or permits any contraventions of any of the provisions of this by-law is guilty of an offence and upon conviction, ii liable to a fine as provided for in the Provincial Offences Act or any successor.
6. In addition to the imposing of a fine or other remedy, a Court of competent jurisdiction may, upon conviction of an offence under this By-law, issue an order;
   1. Prohibiting the continuation or repetition of the violation by the person convicted; and
   2. Requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.

1. Every person enforcing this by-law shall have the right of entry on any property or into any building not actually being used as a dwelling for the purpose of carrying out an inspection to determine whether this by-law is being complied with and for the enforcement of this by-law pursuant to section 436 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time.

1. Every provision of this by-law is severable and if any provisions of this by-law should for any reason be declared invalid by any court, it is the intention and the desire of this Council that the remaining provisions shall remain in full force and effect.
2. Where a provision of this by-law conflicts with the provision of another by-law in force within the Township of Alfred and Plantagenet, the provision that establish the higher standards to protect the health, safety and welfare of the general public shall prevail.
3. Nothing in this by-law relieves any person from complying with any provision of any Federal or Provincial legislation or any other by-law of the Township of Alfred and Plantagenet.