HomeMy WebLinkAbout92-160 Consolidated OFFICE CONSOLIDATION OF BY-LAW 92-160
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Leading the Way
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
BY-LAW 92-160
Being a by-law to regulate the setting off of fireworks and the sale of
fireworks and to repeal By-laws 89-108, 67-12 and 2386
Passed by Council on: June 22, 1992
Consolidation as of: June 17, 2013
Amendments:
Amending By-law Date Passed Amendment Details
93-50 April 13, 1993 Allows a registered charity, service
organization or registered business to apply
for an exemption from 1(1)(b).
Section 8(1), 8(2)(a)(b)(c), 8(3) new
96-23 January 29, 1996 Permit Fee
Section 2(3) new
Disclaimer:
The following consolidated by-law is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may be different,
and plans, pictures, other graphics or text may be missing or altered. The Municipality of
Clarington does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the Municipal Clerk's Department.
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OFFICE CONSOLIDATION OF BY-LAW 92-160
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
BY-LAW 92-160
Being a by-law to regulate the setting off of fireworks and the sale of fireworks and
to repeal By-laws 89-108, 67-12 and 2386.
WHEREAS it is deemed necessary in the interest of safety and quietude to regulate the
setting off and sale of fireworks in the Town of Newcastle;
AND WHEREAS the Council of the Corporation of the Town of Newcastle deems it
necessary to repeal By-law 2386, By-law 67-12 and By-law 89-108;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
NEWCASTLE, PURSUANT TO THE PROVISIONS OF SECTION 210, PARAGRAPHS
37 AND 38 OF THE MUNICIPAL ACT, R.S.O., 1990, CHAPTER M.45 HEREBY ENACTS
AS FOLLOWS:
1. (1) No Person shall sell, permit or suffer to be sold any fireworks to any person
within the Town of Newcastle;
(a) at any time other than during the five (5) day period immediately
preceding the day set by Statute for the observance of Victoria Day,
on Victoria Day and the five (5) day period immediately preceding the
day set by Statute for the observance of Canada Day , and on
Canada Day;
(b) on any land, or from or in any vehicle, trailer or building other than a
lawful retail store provided that fireworks for sale in a retail store shall
not be displayed in a window of the store which faces a highway
except that an imitation or facsimile of fireworks for sale in the retail
store which imitation or facsimile does not contain an explosive or an
explosive agent may be displayed in any window in such store; or
(c) to a person who is not at least eighteen (18) years of age.
(2) Notwithstanding paragraph 1(1)(a) but subject to paragraphs 1(1)(b) and (c),
section 2 and section 3, on application therefore the Council may permit a
person to sell fireworks in a lawful retail store in the Town of Newcastle at a
time or times which are in addition to the days and periods referred to in
paragraph 1(1)(a).
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OFFICE CONSOLIDATION OF BY-LAW 92-160
2. (1) Subject to subsection 2(2), no person shall set off, cause, permit or suffer to
be set off by any person fireworks within the Town of Newcastle at any time
other than during the five (5) day period immediately preceding and the five
(5) day period immediately following the day set by Statute for the
observance of Victoria Day, on Victoria Day, the five (5) day period
immediately preceding and the five (5) day period immediately following the
day set by Statute for the observance of Canada Day, and on Canada Day,
and then only on land owned by or leased to the person who sets off,
causes, permits or suffers any person to set off the fireworks in question.
(2) On application therefore, the Council may issue a permit to a person or
persons specifying the location where fireworks may be set off and it shall be
lawful for fireworks to be set off in accordance with the permit that has been
so issued. A permit issued by Council under this subsection 2(2) shall
specify the land where fireworks may be set off and shall require that all
fireworks that may be lawfully set off under such permit, shall be set off my
or under the supervision of a person or persons at least twenty-one (21)
years of age.
(3) The fee for a permit issued under Section 2(2) shall be $50.00.
3. Notwithstanding any other provision of this By-law:
(i) no person shall set off fireworks on any highway within the Town of
Newcastle at any time; and
(ii) no person(s) shall set off fireworks within the Town of Newcastle on any day
between the hours of 11:30 p.m. and 8:00 a.m. on the next following day.
4. By-law 2386 (Bowmanville), By-law 67-12 (Bowmanville) and By-law 89-108 are
hereby repealed.
5. It is declared that if any section, paragraph or clause or portion or portions of nay of
them contained in this By-law should be held by a Court of competent jurisdiction to
be invalid in whole or in part, the validity other sections, paragraphs, clauses or
portions of any of them contained in this By-law shall not be affected thereby, the
intention of Council being that all other sections, paragraphs and clauses and
portions of any of them contained in this By-law are to be considered to be valid
and enforceable.
6. Any person who contravenes any provision of this By-law is guilty of an offence.
7. The provisions of this By-law shall be in effect from the date of the final passing
thereof.
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OFFICE CONSOLIDATION OF BY-LAW 92-160
8. (1) A registered charity, service organization or registered business may make
application in writing to the By-law Enforcement Division for an exemption
from the provisions of subsection 1(1)(b) permitting the sale of fireworks from
a trailer.
(2) On application thereto the applicant shall submit the following:
(a) a Fire Safety Plan approved by the Chief Fire Official; such Plan shall
include the exact location of the trailer, all setbacks from building and
roads and other such safety measures as required; and
(b) a letter of permission from the property owner; and
(c) a clearance from the Planning Department stating that the subject
property use complies with all zoning requirements.
(3) The application shall be made at least sixty days prior to the scheduled start
of sales.
BY-LAW read a third time and finally passed this 22nd day of June, 1992.
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