City council has given the green light to a new fireworks bylaw governing the use of fireworks in Orillia.
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.
Under the new bylaw, fireworks will be permitted from dusk until 11 p.m. on Canada Day, the third day of Diwali, and Lunar New Year, and from dusk until 12:30 a.m. on New Year’s Eve into New Year’s Day.
The bylaw also permits fireworks usage on the day following the listed holidays should weather conditions prevent the use of fireworks, and fireworks will be prohibited during open-air burning bans.
The current noise bylaw is primarily enforced by Ontario Provincial Police on a reactive basis, city staff say, with investigations often finding all fireworks have been discharged by the time they arrive on the scene.
The new 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.
“Currently, fireworks are regulated through the city's noise bylaw, and they are prohibited from being discharged 24/7, 365 days per year. Now, the kicker is that the noise has to be clearly audible at a point of reception, being a residential area or a quiet zone,” Shawn Crawford, the city's manager of legislative services, said at Monday’s council meeting.
“In practical terms, what this means is that the noise bylaw … offence is triggered if someone complains about the fireworks," said Crawford.
“The fireworks bylaw is a better mechanism. It provides a clear framework. It removes vagueness that we currently have by having it set out in the noise bylaw,” Crawford said.
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.
Some council members supported all suggested holidays, while others asked for a complete ban on fireworks – excluding Canada Day.
“With the exception of Canada Day, I think we should ban fireworks completely. They present a hazard for fire, noise to the … wildlife in our communities and in surrounding areas, and I don't see any reason other than (Canada Day) to have fireworks at all,” said Coun. Ralph Cipolla.
Other members of council supported permitting fireworks on Canada Day and New Year’s, and city staff also pointed out the bylaw permits groups to ask city council permission to use fireworks for events.
“Anyone would have the option to write to council and ask for a site-specific exemption to the bylaw, and then council could decide whether to grant that exemption or not,” Crawford said.
Crawford explained the suggested holidays were to ensure inclusivity among fireworks events.
After council voted down a motion to allow fireworks on only Canada Day and New Year’s, Coun. Jay Fallis successfully introduced a motion to include Diwali and Lunar New Year, as well.
The fireworks bylaw was set to be ratified during Monday’s council meeting, but Coun. Tim Lauer gained council’s support to pull the item and defer ratification to the next meeting of council.
“I'm curious why we're not taking two weeks to think that one over, and getting maybe a little bit of input on that before we finalize that one,” he said.
