Fireworks Bylaw #5264 - City of Vernon

City of Vernon
FIREWORKS
#5264

PAGE 2
BYLAW NUMBER 5264
THE CORPORATION OF THE CITY OF VERNON
AMENDMENTS
BYLAW
NO.
DATE
AMENDMENT

PAGE 3
BYLAW NUMBER 5264
SECTION 1 – TITLE .................................................................................................................. 4
SECTION 2 - DEFINITIONS ....................................................................................................... 4
SECTION 3- PROHIBITIONS .................................................................................................... 6
SECTION 4 - PERMIT TO DISCHARGE FIREWORKS .............................................................. 6
SECTION 5 – RECISSION OF- PERMIT .................................................................................... 8
SECTION 6 – PENALTIES......................................................................................................... 9
SECTION 7 - GENERAL ......................................................................................................... 10
SECTION 8 - REPEAL ............................................................................................................. 10
AUTHORIZATION ................................................................................................................... 10
Application for Permit ........................................................................................................... 11

THE CORPORATION OF THE CITY OF VERNON
BYLAW NUMBER 5264
A Bylaw for the Prohibition of the Sale or Disposal
of Fireworks and the Discharge of Fireworks
Except by Permit to an Authorized Person
WHEREAS pursuant to the provisions of the Community Charter, Chapter 26, S.B.C. 2003
and amendments thereto, Council may, by bylaw, regulate, prohibit and impose
requirements in relation to Firecrackers, Fireworks and explosives;
AND WHEREAS Council deems it expedient and desirable to provide such a bylaw;
NOW THEREFORE the Council of The Corporation of the City of Vernon, in open meeting
assembled, enacts as follows:
SECTION 1 – TITLE
1.01 This bylaw may be cited as “City of Vernon Fireworks Bylaw Number 5264, 2010”
SECTION 2 - DEFINITIONS
2.01 In this Bylaw
“Act” means Explosive Act, RSC 1985, Chapter E-17, and the regulations enacted
hereunder, both as amended from time to time.
“City” means The Corporation of the City of Vernon.
"Council" means the Municipal Council of The Corporation of the City of Vernon.

PAGE 5
BYLAW NUMBER 5264
“Fire Chief” means the person appointed by Council as head of the Vernon Fire
Rescue Services and any persons he or she appoints to do work on their behalf or:
a) designated by Council to act in the place of the Fire Chief
b) for the purpose of a local assistant under the Fire Services Act, who
is authorized in writing by the Fire Chief to exercise the powers of a
local assistant;
c) appointed by Council as the Deputy Chief, and
d) for the purposes of exercising the powers of the Fire Chief under
section 66 of the Community Charter, who is Acting under the
authority of the Fire Chief.
“Firecracker” means a pyrotechnic device that explodes instantaneously when
ignited and does not make any display or visible effect after the explosion, but does
not include items classified under the Explosives Act RSC 1985, c.E-17 as low or
high hazard Fireworks.
"Fireworks" are as defined by the Explosive Regulations, C.R.C., c. 599 under the
Act and classified as Class 7, Division 2, Subdivision 1 (“consumer Fireworks”), or
a Class 7 Division 2, Subdivision 2 Fireworks (“display Fireworks”).
“Inspector” means a bylaw enforcement officer, peace officer or designated
member of Vernon Fire Rescue Services, the Fire Chief, and a person acting
under the authority of the Fire Chief.
“Licensed Fireworks Supervisor” means a person who is an approved purchaser
of Fireworks and who is qualified under the Act to supervise the discharge of
Fireworks.
“Prohibited Fireworks” includes any after-market modified Fireworks, or any
other devices deemed prohibited under the Act as amended from time to time.

PAGE 6
BYLAW NUMBER 5264
“Sell” includes offer for sale, cause or permit to be sold, trade, give, donate or to
otherwise dispose of in any quantity; and to possess for the purpose of sale; and
the words “sellling” and “sold” have a similar meaning.
“Special Public Function” means the observance or celebration of a special event
or festival where a permit may be issued to allow the discharge of Fireworks.
“Venue of Display” means the outdoor area within the City where the Licensed
Fireworks Supervisor has received a permit to discharge the Fireworks during
the Special Public Function.
SECTION 3- PROHIBITIONS
3.01 No person may Sell Fireworks or Firecrackers in the City.
3.02 No person may buy, Sell, hold, store, discharge or otherwise use any
Firecrackers or Prohibited Fireworks.
3.03 No person may discharge Fireworks except in accordance with the terms and
conditions of a Permit issued under this Bylaw.
3.04 No person may be issued a permit except if they are a Licensed Fireworks
Supervisor for the purpose of storage, explosion and discharge of Fireworks.
3.05 No person may point, direct or throw Fireworks at any person, animal, building or
other property.
3.06 No person may discharge Fireworks within 100 metres of a location where
flammable materials are stored, including gas stations, propane holding tanks,
and lumber yards
SECTION 4 - PERMIT TO DISCHARGE FIREWORKS

PAGE 7
BYLAW NUMBER 5264
4.01 3.01 Despite Section 2, the Fire Chief may issue a Permit to a person or
organization for the discharge of Fireworks for the purpose of the observance or
celebration of a Special Public Event where all conditions to obtain a permit under
this bylaw have been met.
4.02 Despite the issuance of a Permit herein, the Permit does not authorize the sale
within the City of Fireworks or Firecrackers by any person to a Permit holder.
4.03 Any person eighteen (18) years of age or older may apply as an individual or as a
representative of an organization for a permit to discharge Fireworks.
4.04 Permit applications must be in the form attached as Schedule A and must be
submitted to the Fire Chief at least 30 days prior to the date on which the Special
Public Event is to occur. Where the applicant is Vernon Fire Rescue Services,
permit applications must be submitted at least 24 hours prior to the start time of
the Special Public Event.
4.05 Any person named in a Permit issued under this bylaw must comply with the
provisions of the safety rules of Class 7, Division 2, Subdivision 2 explosives, or
Class 7, Division 2, Subdivision 5 explosives published from time to time by
Natural Resources Canada and under this Act.
4.06 To be considered for a Permit under Schedule A, an applicant must submit the
following to the Fire Chief:
4.06.1 written permission for the Venue of Display
4.06.2 liability insurance in the amount of not less than $10,000,000.00.
The City and the Venue of Display must be named insured.

PAGE 8
BYLAW NUMBER 5264
4.06.3 a site diagram showing the location of all fire works, operators,
audience members, and fire extinguishers
4.06.4 a description of all products to be used, including charge size,
effects and manufacture’s name;
4.06.5 a description of the firing system to be used;
4.06.6 a description of the fire prevention precautions in place;
4.06.7 a copy of the fire safety plan;
4.06.8 a copy of the applicant’s Licensed Fireworks Supervisor
certification;
4.06.9 references of persons with personal experience discharging
Fireworks and coordinating displays:
SECTION 5 – RECISSION OF- PERMIT
5.01 The Fire Chief may rescind a Permit if:
5.01.1 the permit holder fails to comply with any term or condition of the
permit without the prior written consent of the Fire Chief;
5.01.2 the permit holder violates or breaches any of the provisions of
this bylaw;
5.01.3 circumstances arising or ascertained after the permit was issued
demonstrate that a public safety risk to public or private property
exists in connection with the Fireworks event; or the City
determines that the permit holder submitted false or inaccurate
information in his or her permit application.

PAGE 9
BYLAW NUMBER 5264
SECTION 6 – PENALTIES
6.01 This bylaw is designated under section 264 of the Community Charter as a bylaw
that may be enforced by means of a ticket.
6.02 A Peace Officer, Bylaw Enforcement Officer, Inspector or the Fire Chief are
designated to enforce this bylaw, including by means of a ticket, under section
264 of the Community Charter.
6.03 The words or expressions listed in Schedule “E” of the City of Vernon Municipal
Ticketing Bylaw #5050 are authorized to be used on a ticket issued under section
264 of the Community Charter to designate an offence against the respective
section of this bylaw appearing opposite in the ‘Section’ column. The amounts
appearing in the ‘Fine’ column are the fines set pursuant to section 264 of the
Community Charter for contravention of the respective section of the bylaw
appearing opposite in the ‘Section’ column.
6.04 Every person who violates a provision of this Bylaw or who consents, allows or
permits any Act or thing to be done in violation of a provision or neglects to or
refrains from doing anything required to be done by a provision of this bylaw, is
guilty of an offence and is liable on summary conviction, to a fine not less than
$2500.00 and not exceeding $10,000.00 and is guilty of a separate offence each
day that a violation continues to exist.
6.05 Every person who commits an offence is liable on summary conviction to a fine or
to imprisonment, or to both a fine and imprisonment, not exceeding the maximum
allowed by the Offence Act.

PAGE 10
BYLAW NUMBER 5264
SECTION 7 - GENERAL
7.01 If any section, subsection or clause of this Bylaw is declared or held to be invalid
by a Court of competent jurisdiction, then that invalid portion shall be severed and
the remainder of this Bylaw shall be deemed to have been enacted and adopted
without the invalid and severed section, subsection or clause.
7.02 If the singular or masculine or neuter is used in this bylaw, the same must be
construed as meaning the plural, the feminine or body corporate where the
context so requires.
SECTION 8 - REPEAL
8.01 Bylaw Number 3989, 1993 cited as the “City of Vernon Fireworks Regulation
Bylaw Number 3989, 1993”, and all amendments thereto are hereby repealed.
AUTHORIZATION
READ A FIRST TIME this 13 th day of September, 2010.
READ A SECOND TIME this 13 th day of September, 2010.
READ A THIRD TIME this 13 th day of, September, 2010.
ADOPTED this 27 th day of September, 2010.
“W. Lippert”
“P. Bridal”
____ _______ ______________________
Mayor:
Corporate Officer:

PAGE 11
BYLAW NUMBER 5264
SCHEDULE "A"
Attached to and forming
Part of Bylaw 5264
Application for Permit
Consumer Fireworks or Display Fireworks
Name of applicant: ______________________________________________________
Birth date: ___________________________ Age: _____________________________
Mailing address: ________________________________________________________
__________________________________ Phone: _____________________________
Email: ________________________________________________________________
Licensed Fireworks Supervisor Card
No.______________________________________
(attach photocopy)
THE APPLICANT HEREBY applies to discharge C0NSUMER or DISPLAY (check
one) Fireworks on property within the City as follows:
Location: ____________________________
Date: _______________________________
Time: (Start) ___________ (End) _________
Description of Special Public Event: ________________________________________
Estimated number of spectators: __________________________________________
Expected Type and quantity of Fireworks: ____________________________________
Contact name and phone for organizer or sponsor Special Public Event:
______________________________________________________________________
______________________________________________________________________
Contact name and phone for property owner: ________________________________
Information on requirements can be obtained through the Fire Department
Telephone: (250) 550-3565
READ CAREFULLY
THE APPLICANT CERTIFIES that the applicant understands and will be guided by the
provisions of Fireworks Regulation Bylaw, 5264, 2010, as amended from time to time,
and all applicable Provincial and Federal laws and regulations, as amended from time to
time, and any conditions or restrictions imposed in this permit by the Fire Chief.

PAGE 12
BYLAW NUMBER 5264
THE APPLICANT FURTHER CERTIFIES that the applicant is authorized to the
appropriate level by Natural Resources Canada to possess and fire, set off or explode
Fireworks of the class specified within this application.
IN CONSIDERATION of $1.00 and other good and valuable consideration, the receipt
and sufficiency of which the applicant acknowledges, the applicant covenants that the
applicant will indemnify and save harmless the City of Vernon and its elected officials,
employees, officers, agents and contractors from and against any and all manner of
actions or causes of action, damages, costs, loss, or expenses of whatever kind
(including, without limitation, legal fees) which the City or its elected officials,
employees, officers, agents or contractors may sustain, incur, or be put to by reason of
or arising out of:
a) the issuance of this permit
b) the consumer Fireworks event or display Fireworks event, including, without
limitation, the handling, storage, discharging or other use of Fireworks in
connection with this permit;
c) the applicant’s use or occupation of the location upon which the consumer
Fireworks event or display Fireworks event is to occur; or
d) any Act or omission of the applicant or any person for whom the applicant is at
law, responsible, including, without limitation, the non-observance or nonperformance
of any obligation imposed by Federal or Provincial law.
The applicant acknowledges that he or she has had the opportunity to seek
independent legal advice as to the contents of this agreement and that he or she is not
under any legal disability.
Signature of applicant:
_______________________________
Date:
__________________
PERMISSION IS GRANTED to the above applicant to discharge consumer or display
Fireworks, at the location and on the date and time(s) as set out above, subject to
Fireworks Regulation Bylaw,5264, 2010, as amended from time to time, and to the
following conditions and restrictions:
• This permit is not transferable. Only the applicant is authorized under this permit
to discharge Fireworks.
• The applicant may only discharge the type and quantity of Fireworks described in
the application.

PAGE 13
BYLAW NUMBER 5264
• The applicant must ensure that all debris and litter related to a consumer
Fireworks event or display Fireworks event that occurs on City property, including
any litter left by the spectators, is removed from the location at the conclusion of
the Special Public Event.
• The applicant, except where the applicant is Vernon Fire Rescue Services, must
obtain a Comprehensive General Liability insurance policy with an inclusive limit
of not less than $10,000,000.00 per occurrence for bodily injury and property
damage and provide evidence of the same to the Fire Chief no later than twentyone
(21) days prior to the Special Public Event
Other conditions:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Fire Chief or authorized designate: ______________________________
Date of issue ____________________