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Report To: General Government Committee
Date of Meeting: January 6, 2020
Submitted By: Anne Greentree, Municipal Clerk
Reviewed By: Andrew C. Allison, CAO
File Number:
Report Number: CLD-001-20
Resolution#: GG-019-20
By-law Number:
Report Subject: Fireworks By-law 2015-047
Recommendations:
1.That Report CLD-001-20 be received;
2.That the Municipal Law Enforcement Division, Emergency & Fire Services
Department, and the Communications Division be directed to develop and
implement an education campaign to raise awareness of the issues related to
fireworks; and
3.That all interested parties listed in Report CLD-001-20 and any delegations be
advised of Council’s decision.
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Report CLD-001-20
1. Background
1.1 At the September 23, 2019 General Government Committee meeting, the Committee
considered correspondence from Sharon Baird and Les Gariscsak requesting an
Amendment to By-law 2015-047, the Discharge and Sale of Fireworks. Resolution #GG-
435-19 was passed directing staff to report back on possible amendments to Fireworks
By-law 2015-047.
1.2 The correspondence detailed the following requests for changes to the Fireworks By-law:
EXEMPTION:
3.2 No Discharge Permit shall be required to discharge Consumer Fireworks on
Canada Day or on the day set for the observance of Victoria Day. (remove “or
within the 3 days immediately preceding”)
CONSUMER FIREWORKS:
3.5 No Person shall discharge Consumer Fireworks except between dusk and
11:00 PM on Canada Day or the day set for the observance of Victoria Day.
(remove “or within the 3 days immediately preceding”)
3.6 No Person shall discharge Consumer Firework in a manner that creates or may
create an unsafe condition or risk of accident, injury or damage to any person
or property (ADD - including livestock and crops).
NEW BY-LAW REQUEST to be added to CONSUMER FIREWORKS:
No Person shall discharge Consumer Fireworks within 1 km of any Farm.
Report Overview
This report provides Members of Council with background information regarding the
fireworks by-law, arising out of a request for tighter regulations. After a review of the
Fireworks By-law 2015-047 and discussions with the Director of Emergency & Fire Services,
Staff recommends the Fireworks By-law remain unchanged, but that an education campaign
be commenced to raise awareness.
Municipality of Clarington Page 3
Report CLD-001-20
1.3 In 2015, Staff undertook a thorough review of the previous Fireworks By-law in Report
CLD-011-15, which resulted in the current By-law 2015-047.
1.4 The current By-law only permits the discharge of Consumer Fireworks on Canada Day,
Victoria Day and three days preceding, between dusk and 11pm.
1.5 Any discharge of fireworks outside of the noted days of observance requires a permit.
1.6 The current By-law has addressed the classes of fireworks, which is highly regulated by
the Chief Explosives Officer and limited the discharge to Consumer Fireworks being the
least hazardous. All other Classes are only permitted through application and reviewed
by Municipal Law Enforcement and Emergency Fire Services.
1.7 The hours and days permitted under the By-law 2015-047 are similar to those of
surrounding municipalities in the Durham Region. Each municipality varies from a day to
two days before and after the holiday.
1.8 Oshawa has recently amended their By-law to permit the discharge of fireworks on the
Observance of Diwali.
2. Discussion
2.1 Information may be found related to discharging of fireworks and animals, mostly in
relation to noise and the startling effect it may have. In Staff’s experience there have
been limited cases in regard to animals and fireworks (mostly domestic pets dogs).
Reducing the number of days permitted to discharge fireworks could result in increased
discharging at a specific time, thus having a greater impact on surrounding areas.
2.2 Limited information on the consumption of fireworks, or fireworks debris, could be found.
Information or studies were in relation to wildlife, being small mammals, and unspent
fireworks. Following safe handling procedures and discharging practices may eliminate
any hazards to animals.
2.3 To date, the Municipal Law Enforcement Division has only received complaints related to
fireworks in relation to unsafe discharging practices in residential areas. No complaints
have been received in relation to rural or agricultural areas, with the exception of the
correspondence which gave rise to this Report.
Municipality of Clarington Page 4
Report CLD-001-20
2.4 The request for inclusion of “livestock and crops” in the By-law does not require an
amendment, as they are included in what is considered “property” which is currently
stated in the current By-law.
2.5 In discussion with Clarington Emergency & Fire Services, limited calls are received in
relation to discharging of fireworks. If emergency personnel are dispatched, the event is
over. If staff can locate the individuals responsible for discharging outside of the
permitted time periods or without a permit, staff generally educate rather than lay a
charge. Most often however, it is difficult to locate those responsible for the discharge.
2.6 Municipal Law Enforcement and Emergency & Fire Services do not have the capability to
dispatch staff to effectively enforce the illegal discharge of fireworks. Through Staff
discussions, it was determined that promoting safe use and discharge through media,
website and other educational means is the most effective way to limit the impacts in rural
and residential areas.
3. Concurrence
This report has been reviewed by the Director of Emergency Services who concurs with
the recommendations.
4. Conclusion
It is respectfully recommended that this report be received for information, and
Emergency & Fire Services and Municipal Law Enforcement coordinate, through the
Communications Division, an educational awareness on safe use and the permitting
process for the lawful discharge of fireworks.
Staff Contact: Duncan Anderson, Municipal Law Enforcement Manager, 905-623-3379
ext. 2110 or danderson@clarington.net.
Attachments:
None
The following interested parties will be notified of Council's decision:
Sharon Baird and Les Gariscsak