A fireworks bylaw was set for ratification at this week's council meeting, but after lengthy discussion — and conflicting opinions among city politicians — a decision on the new policy was deferred for the second time in as many months.
On Jan. 29, city council tentatively agreed to permit residential fireworks use on several holidays, including Canada Day, the third day of Diwali, and Lunar New Year from dusk until 11 p.m., and from dusk until 12:30 a.m. on New Year’s Eve into New Year’s Day.
Currently, fireworks usage is governed by the city’s noise bylaw, which prohibits noise disturbance in any residential area at any time or day of the year — a rule city staff found was the “most restrictive” regarding fireworks in Simcoe County.
The current noise bylaw is primarily enforced by Ontario Provincial Police on a reactive basis, city staff reported at the time, with investigations often finding all fireworks have been discharged by the time they arrive on the scene.
The proposed fireworks bylaw includes an inspection fee of $200 that can be imposed after investigating a complaint, as well as fees for the fire department extinguishing fires caused by fireworks.
City staff initially included Victoria Day and Gurpurab in the list of holidays permitting fireworks, but, after discussion, council whittled the number of days down to those listed above.
In January, some council members supported maintaining the status quo — effectively a total ban — while others supported allowing fireworks on a limited holiday basis.
Ultimately, council gave its support for residential fireworks on the four holidays listed above, but Coun. Tim Lauer then gained council’s support to defer ratification to the Feb. 12 meeting of council — where support for that motion fell apart.
Coun. Luke Leatherdale proposed limiting residential fireworks usage to Canada Day, while banning their use on all other holidays.
“Canada Day is probably the most celebrated day in Canada, and I think for simplicity’s sake it's a good idea,” he said.
Coun. Janet-Lynne Durnford, however, proposed expanding the previously agreed upon four holidays to city staff’s recommended six — Victoria Day, Gurpurab, Canada Day, Diwali, New Year’s Eve, and Lunar New Year — and wondered about the rationale for the previous decision to exclude two of them.
“We're including pretty much every date except (two, one of which) is a Sikh festival, and I don't understand the rationale of excluding that one date. That is my concern,” she said.
She also raised concerns that reducing residential fireworks to just Canada Day will keep the city in the virtually the same place that it is now — with fireworks more or less remaining banned.
“I also have concerns with what is essentially a ban returning, to having a fireworks policy that only allows one date,” she said. “I'm not sure that it's enforceable, and I think that it is worth considering that we have a policy that allows limited use.”
Although each council member found some support for their ideas, none were able to propose a solution that garnered enough of their peers’ support.
Coun. Whitney Smith raised concerns about environmental issues surrounding fireworks, and noted that residents are currently free to apply for fireworks use in city parks — a process that requires council’s consent.
Coun. Ralph Cipolla pointed to fire risks, and the noise and smell created by backyard fireworks as potentially distressing for both pets and children.
Councillors Jay Fallis and Tim Lauer, in their discussions with residents in recent weeks, came back with opposite feedback on the proposed fireworks bylaw, with Fallis saying the majority of residents he spoke with supported designated holiday use for fireworks, whereas the residents Lauer spoke with generally supported the status quo.
With no ideas moving forward, at one point Fallis asked, “If we do nothing, what happens?”
“It almost feels as though (the bylaw’s) not necessary, just because if we're not permitting any fireworks then you don't need it,” said Ian Sugden, the city's general manager of development services and engineering.
During the discussion, Sugden pointed out the proposed bylaw gives city staff greater enforcement and cost recovery capabilities due to the inspection fee, whereas calls made under the noise bylaw are attended by police “if and when they can.”
“By permitting them on certain days … it will educate the public that on these days you can actually set off fireworks,” Sugden said. “That was the intent, and our benchmarking found that a fireworks regulatory bylaw was a better tool than a noise bylaw.”
Eventually, Cipolla proposed deferring the decision, which narrowly gained council’s support in a 5-4 vote.
“I'm in favour of waiting two or three weeks or a month, until we hear from the public,” he said.
The issue will return to council at its meeting on March 25.
