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