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1.1 As members of Council are aware, as the previous by -law was outdated and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.
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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
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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 That By -law 2386 is hereby repealed.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.
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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
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