Loading...
HomeMy WebLinkAboutPD-152-89MEUING: General Purpose and Administration Committee DATE: Monday, June 19, 1989 T #: PD- 152 -89 FILE #: PLN 5.2 SUBJECT: A BY -LAW TO REGULATE THE SETTING OFF OF FIREWORKS AND THE SALE OF FIREWORKS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 152 -89 be received; and 2. THAT the attached by -law be approved to allow for the regulation of setting off of fireworks and the sale of fireworks. 1. BACKGROUND: 1.1 As members of Council are aware, as the previous by -law was outdated and could not be enforced, it was necessary to draft a new by -law to allow the By -law and Police Departments better enforcement powers to curtail illegal and unsafe uses of fireworks. 1.2 It has been found through this Department's experience that when stronger legislative action is taken, it lessens the aspect of abuse and would protect the municipality from possible civil liability. ...2 5 ®9 4 U 1.3 It is this department's intention to enforce and prosecute all violators who refuse to comply with this by-law. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning 6 Development DL*FW*'' *Attach. May 30, 1989 Recommended for presentation to the Committee -- ---------------- -_____ �awceuoe E. Kotae � Chief Administrative Officer rOn x7 ~l7l 4/ CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW 89- A by -law to regulate the setting off of fireworks and the sale of fireworks 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; NOT THEREFORE the Council of the Corporation of the Town of Newcastle, pursuant to the provisions of Sections 210, Paragraphs 30 and 31 of The Municipal Act, R.S.O. 1980, Chapter 302, hereby enacts as follows; 1. That By -law 2386 is hereby repealed. 2. No person(s) shall sell at retail in the Town of Newcastle any fireworks of any kind or description whatsoever at any time during the calendar year with the exception of two (2) business days immediately preceeding the day set by Statute for the observance of Victoria Day and on Victoria Day and except the two (2) business days immediately preceeding the day set by Statute for the observance of Canada Day and on Canada Day, except by special authority of the Council. 3. No person(s) shall sell by retail in the Town of Newcastle any fireworks of any kind or description whatsoever to anyone actually or apparently under the age of eighteen (18) years. 4. No person(s) shall sell fireworks of any kind or description, on or near a roadway, street, boulevard, laneway or on any municipally owned land, within the Town of Newcastle. 5. No person(s) shall sell or allow to be sold fireworks of any kind or description on any private lands within the Town of Newcastle (except a legitimate business operating lawfully within the Town of Newcastle). 6. No person(s) who proposes to sell fireworks of any kind or description at retail shall exhibit any display of any such fireworks in any display window. This prohibition shall not apply to prevent imitation of such fireworks being displayed provided there is no explosive or chemical contained in such imitations. 7. No person(s) shall fire or set off or cause to be fired or set off any fire ball, squib, crackers or fireworks of any kind whatsoever within the limits of the Town of Newcastle except on the days set by Statute for the observation of Victoria Day and /or Canada Day and then only if on his or her own property. Provided that if specially authorized by a permit issued by the Council of the Town of Newcastle, any person may fire or set off fireworks in other places or on other days. Such permits shall define the location where the fireworks are to be set off and shall require that all fireworks that may be set off under such permit shall be under the `!ii supervision of a responsible person of at least twenty -one (21) years of aqe. - 2 - 8. No person(s) shall set off fireworks on any public street or roadway within the Town of Newcastle at any time. 9. No person(s) shall set off fireworks before 9:00 p.m. and after 11:30 p.m. 10. Any person(s) who contravenes any provision of this by -law shall upon conviction, be liable to a penalty not exceeding $2,000.00 recoverable under the Provincial Offences Act. 11. The provisions of this by -law shall be deemed to be in effect from the date of the final passing thereof. BY -LAW read a first time this day of 1989 BY -LAW read a second time this day of 1989 BY -LAW read a third time and finally passed this day of 1989. MAYOR CLERK 599 49