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HomeMy WebLinkAboutLGS-012-23Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 20, 2023 Report Number: LGS-012-23 Submitted By: Rob Maciver, Deputy CAO/Solicitor Reviewed By: Rob Maciver, Deputy CAO/Solicitor Resolution#: GG-082-23 File Number: Report Subject: Fireworks By-law Review Recommendations: By-law Number: 2022-022 1. That Report LGS-012-23 and any related delegations or communication items, be received; 2. That Staff continue to monitor the municipal sector for any emerging trends in fireworks prohibitions; 3. That the By-law attached to Report LGS-012-23, as Attachment 2, be approved; and 4. That all interested parties listed in Report LGS-012-23 and any delegations be advised of Council's decision. Municipality of Clarington Report LGS-012-23 Report Overview Page 2 A background review and comparison of the Fireworks bylaws to neighboring Municipalities, and an amendment to insurance requirements for Consumer Discharge Permits. 1. Background 1.1 In 2015 Clarington's Emergency Fire Services and Municipal Law Enforcement Divisions undertook a comprehensive review of the Fireworks by-law. As a result, Council passed Fireworks bV-law 2015-047 1.2 In January 2020, staff report CLD-001-20 was provided to Council. The report was in response to a delegation received at General Government Committee to request a further restriction of fireworks. At the time, Council determined not to proceed with any amendments to the by-law and to continue to focus on community education through various means. 1.3 In 2021 staff undertook a review of neighboring municipalities Fireworks by-laws LGS-004-21. The review focused on comparisons to Religious and Traditional permissions for discharging of fireworks. The review concluded that Clarington's Fireworks by-law was comparable to others in the area in that permissions to discharge consumer fireworks are granted through permitting at no cost to residents. 2. Discussion Neighboring Municipalities 2.1 In review of neighboring Municipalities Fireworks by-laws in Durham Region, the consistency of discharge areas, times, permitting, sales are standard as seen in Attachment 1 to Report LGS-012-23. 2.2 Safety rules and distinguishing between consumer fireworks and Pyrotechnics is also consistent throughout Durham Region. Pyrotechnic displays must always acquire a permit and are conducted by Licensed individuals under Federal legislation. The safety rules for consumer fireworks are: fire extinguishers being on hand, may only be discharged on private property, cannot be discharged near combustible materials, and site plans being required if discharging under conditions of a Permit. 2.3 In 2022, both the Town of Caledon and the City of Brampton introduced a prohibition on the sale and discharge of consumer fireworks. Currently Whitby and Oshawa are reviewing their respective Fireworks bylaws, also with the view of a possible prohibition. Staff will be monitoring the outcome of the discussions in Whitby and Oshawa. Municipality of Clarington Report LGS-012-23 Insurance Requirements Page 3 2.4 The By-law currently requires that to be eligible for a consumer fireworks permit, the applicant must provide proof of commercial liability insurance with a policy limit of no less than $2 million. 2.5 It has been noted that acquiring a Permit for Consumer Discharge has proven to be onerous, as residents typically do not obtain commercial liability insurance for their residential property. Most neighboring municipalities do not require insurance for consumer displays. Insurance is typically only required for Pyrotechnic displays and sales of fireworks. 2.6 The Durham Region Insurance Pool was consulted on the insurance requirements, and it was recommendation all requirements and/or restrictions be consistent. In other words, that the Municipality should either strictly enforce the commercial insurance requirement or eliminate the requirement. Since the By-law does not impose any insurance requirements for consumer fireworks displays in relation to Canada Day/Victoria Day, it is suggested that the same rationale be applied to other days of the year. 2.7 Amending the current by-law to remove the commercial liability insurance requirements for Discharge Permits outside of permitted days is therefore recommended. Enforcement 2.8 Residents have the option to contact Municipal Law Enforcement or Emergency and Fire Services to report unsafe or discharging of fireworks outside of permitted times. Residents are also advised to follow the safety rules, and these rules are provided to any resident who applies for a discharge permit. 2.9 In discussion with Clarington Emergency & Fire Services, limited calls are received in relation to discharging of fireworks. In those circumstances when emergency personnel have been dispatched, this has been a very effective way to cease the fireworks display. 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. 2.10 Municipal Law Enforcement and Emergency & Fire Services do not currently have the resources to dispatch staff to effectively enforce spontaneous consumer fireworks displays. Enforcement is sometimes possible if there are indications in advance of a planned display (e.g. through social media). Enforcement after the fact is sometimes also possible depending on the circumstances. Through Staff discussions, it was determined that promoting safe use and discharge through media, website and other Municipality of Clarington Report LGS-012-23 educational means is the most effective way to disseminate the message about fireworks safety and to limit the impacts in rural and residential areas. 3. Financial Considerations Not Applicable. 4. Concurrence Page 4 This report has been reviewed by the Director of Emergency Fire Services who concurs with the recommendations. 5. Conclusion It is respectfully recommended that the attached bylaw to be approved to eliminate the commercial insurance requirement for consumer fireworks discharge permits. Staff Contact: Duncan Anderson, Manager of Municipal Law Enforcement, danderson@clarington.net . Attachments: Attachment 1 -Neighbouring Municipalities By-law Review Attachment 2 — Draft By-law Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report LGS-012-23 Clarington Ajax Whitby Oshawa Pickering Uxbridge Brock Canada Day Allowed No Allowed No Allowed No Allowed No Allowed No Allowed No Allowed No Permit Permit Permit Permit Permit Permit Permit Victoria Day Allowed No Allowed No Allowed No Allowed No Allowed No Allowed No Allowed No Permit Permit Permit Permit Permit Permit Permit Religious or Permit Permit required Permit Required Permit required Permit Required Permit Required Permit Required Ceremonial Required, no fee with exception of with exception of with the Events, for cultural or Diwali, Lunar New years and exception of religious events New years and Diwali Diwali Eid-Al-Fitr only Discharge Dusk to 11:00 11:00 a.m., to Dusk to 11:00 Dusk to 11:00 Time N/A Time N/A Dusk to 12:00 Times/Dates p.m. 11:00 P.M. p.m. p.m. a.m. Day of and Day of and Day of Day of or during Day of and day Day of and three following day following day long weekend before Day of and day days preceding set for before observance of day Consumer 2 million Not Required Not required 5 million 2 million 2 million Not Required Fireworks Required for Required for Required for Required for Discharge Discharge Discharge Discharge Discharge Insurance permits outside permits outside permits outside permits outside Requirements of permitted of permitted of permitted of permitted days days days days Discharge Private Property Private Property Private Property Private Private Property Private Property Private Property Locations Only with Only with Only with Property Only Only with Only with Only with Owners written Owners written Owners written with Owners Owners written Owners written Owners written consent consent consent written consent consent consent consent Attachment 2 to Report LGS-012-23 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2023-OXX Being a by-law to amend the Fireworks By-law WHEREAS subsection 121 of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes the Municipality to pass by-laws to prohibit and regulate the sale of fireworks and setting off of fireworks, to prohibit such activities unless a permit is obtained from the municipality, and impose conditions for obtaining, continuing to hold and renewing the permit, including the submission of plans. AND WHEREAS the Municipality has enacted a Fireworks By-law 2015-047 to regulate the sale and use of fireworks within the boundaries of the Municipality. AND WHEREAS the Municipality wishes to make certain amendments to the Fireworks By-law 2015-047; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. Section 2.2 (f) of By-law 2015-047 is revoked and replaced with the following: (f) proof of commercial general liability insurance in an amount not less then $2,000,000 in the case of a Class C Permit or Class D Permit, or $5,000,000 in the case of a Class B Permit, naming the Municipality as an additional insured and containing a cross liability clause; 2. This By-law shall be effective on the date that it is passed. Passed in Open Council this XXt" day of XXXX, 2023 Adrian Foster, Mayor June Gallagher, Municipal Clerk