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HomeMy WebLinkAboutCD-19-92 REPORT #3 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: COUNCIL File# Date: JUNE 22, 1992 Res. # Report#:. CD-19-92 File #: By-Law# Subject: AMENDMENTS TO BY-LAW 89-108, 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 CD-19-92 be received; 2 . THAT the by-law to repeal By-law 89-108, a by-law to regulate the setting off of fireworks and the sale of fireworks (Attached to Report CD-19-92 as Schedule A) be forwarded to Council for passage; and 3 . THAT Fern Sargent be advised of Council's decision. BACKGROUND AND COMMENT: At the General Purpose and Administration Committee meeting held on May 19, 1992 , the following resolution was passed: "THAT the same Committee established for the purpose of reviewing the Refreshment Vehicle By-law, be also requested to review and report on the contents of By-law No. 09-108, being a by-law to regulate the setting off of fireworks and the sale of fireworks . " On June 4, 1992, Mayor Hamre, Councillor Dreslinski, Councillor Hooper, the Senior By-law Enforcement Officer and the Town Clerk met to discuss concerns related to By-law 89-108. The by-law attached hereto as Schedule A reflects the changes which the Committee felt were necessary in updating the by-law. Namely, the amendment will allow for the sale of fireworks only by a legitimate business operating lawfully in the Town during the five days immediately preceding the day set by Statute for the observance of Victoria Day and Canada Day and on Victoria Day and Canada Day. Continued . . . . ./2 Report CD-19-92 - 2 - June 15, 1992 Also, the amendment will allow for individuals to set fireworks off during the five day period immediately preceding and immediately following the days set by Statute for the observation of Victoria Day and Canada Day. No fireworks will be allowed after 11:30 p.m. The Committee agreed on these amendments to the Fireworks By-law and it is, therefore, respectfully recommended that the attached amending by-law be forwarded to Council for passage. Respectfully submitted Recommended for Presentation to Committee / att' L. a ie, A.M.C.T. Lawrence otseff, M.C. I .P. ! To Clerk Chief Adin strative Officer PLB/ms Attachment cc: Fern Sargent 5751 Ochonski Road Orono, Ontario LOB 1MO ------ ^ ^ —^^�^ -- THE CORPORATION OF THE TOWN OF NEWCASTLE 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.46 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(6) day period immediately preceding the day set by Statute for the observance of Victoria Day, on Victoria Day and the five (6) 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 i 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 therefor 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), 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 (6) day period immediately preceding and the five (6) day period immediately following the day set by Statute for the observance of Victoria Day, on Victoria Day, the five (6) day period immediately preceding and the five (6) 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. I (2) On application therefor,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 by or under the supervision of a person or persons at least twenty-one (21) years of age. 3. Notwithstanding any other provision of this By-law: (i) no person(s) shall set off fireworks on any highway within the Town of Newcastle at any time; and 2 (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 a 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 of 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 deemed to be in effect from the date of the final passing thereof. BY-LAW read a first and second time this 22nd day of June, 1992. BY-LAW read a third time and Finally passed this 22nd day of June, 1992. Mayor Clerk I I j i