With Canada Day just a week away, Innisfil Coun. Kevin Eisses’ motion, calling for changes to the Fireworks Bylaw, couldn’t have been more timely.
But as residents, staff and fellow councillors pointed out, the motion as presented would do little to address the complaints of illegal use of fireworks.
Instead, the motion was deferred, to give staff more time to review the bylaws of neighbouring municipalities and come up with a proposal with “more meat on these bones,” in the words of Mayor Lynn Dollin.
Eisses had noted that although “fireworks can be enjoyable for many residents to watch as they celebrate joyous events at appropriate times of year,” the bright lights and loud noises can also have a negative impact, “and be harmful to small children, people with mental illness from dealing with trauma, as well as being very dangerous to pets and animals, causing distress that can lead to death.”
The existing bylaw permits the use of fireworks without a permit two days before and two days after significant recognized holidays – Victoria Day, Canada Day, and New Year’s Eve and Day. The councillor had proposed allowing fireworks only on the day of the designated holiday or if poor weather forced a delay, one day before or after.
He also suggested adding three other celebrations to the list of holidays for which backyard fireworks are allowed without a permit: Chinese New Year, Diwali, and Eid al-Fitr, marking the end of Ramadan.
For resident Mary Sinclair, the motion was not adequate to control the growing nuisance of fireworks being set off in Innisfil at any time of the year and time of day.
Sinclair, whose family owns 17 acres in Belle Ewart, noted that the indiscriminate setting of fireworks has created problems, especially for her animals – which include a pony, horse, dogs and chickens. Several of the animals have been startled by the setting off of fireworks at random and unexpected times.
“Part of the problem is that you can buy fireworks at any time of the year in Innisfil,” she said, pointing out that in many municipalities, the sale of fireworks is limited to seven days before the designated holiday.
Sinclair urged the town to look at the Fireworks Bylaw of the Town of Shelburne, which basically bans fireworks that “might create a danger or nuisance”, and restricts sales.
Pets would not be traumatized, adults and children could sleep undisturbed, if there were better controls, Sinclair said. She identified lack of enforcement as part of the problem, noting, “If the residents are not held accountable, nothing will change.”
Eisses agreed with her description of the problem. “The fireworks in our town have escalated to a very serious point,” the Councillor said, noting that he himself experienced the loss of an animal, as a result of Victoria Day fireworks.
A cow, spooked by the fireworks, attempted to jump a fence and broke her leg. The animal had to be euthanized, he said, adding that there have been other losses reported by residents, including a pet dog.
Eisses called his motion “a small step” toward a solution to the problem. “I get it. I’m a fireworks fan as well, but they need to be done properly,” he said.
Chief Bylaw Officer Barrie Vickers noted that so far this year, CDSB and Bylaw enforcement had received about 20 complaints – but have yet to issue a single ticket. He explained the reasons why:
There are only two bylaw officers on duty on weekends, and their shifts end at 10 p.m. – just about the time fireworks are set off. With “70 miles of shoreline, 800 miles of roads” and limited staff, enforcement is a challenge, Vickers said.
“Fireworks may have already started when they call us – and then we’ve got to get there,” he explained, noting that often callers are unable to provide a precise location.
“We have to go and find someone in their backyard, and we only have authority to go to the front yard,” he said. “By the time we even get the call, they might have already finished. It is a challenge.”
Deputy Mayor Dan Davidson suggested that upping the fine to $1000 to $1500 for illegally setting off fireworks might give the offenders pause. “Let’s make it tough,” he urged. “I understand the frustration.”
Coun. Alex Waters questioned how Eisses’ motion would solve the problem of illegal use of fireworks.
“I really don’t see how this is going to change the situation,” Waters said, suggesting that the town to look at the Bylaws in place in Shelburne and other communities. “I like what I see. I just don’t think it’s enough to change the attitudes that are out there.”
“It’s a good beginning, but it needs to go further,” agreed Coun. Bill Van Berkel, supporting a ban on firework sales until the week before a designated holiday.
Coun. Rob Nicol noted that the motion would actually increase the number of days that fireworks are allowed without a permit, by adding holidays – opening the door for other days to be added in future, “to make sure we don’t exclude anyone.”
He suggested restricting backyard fireworks without a permit to only three “nationally celebrated dates” – Victoria Day, Canada Day and New Year’s Eve.
Mayor Lynn Dollin called Shelburne’s regulations “a great bylaw, but unfortunately it’s unenforceable.” She pointed out that even if Innisfil bans the sale of fireworks, there are other communities where fireworks are readily available, so the problem might not go away.
She agreed, “I think we can do more,” suggesting that an educational campaign regarding the fireworks bylaw “would go a long way.”
Mayor Dollin noted that while CDSB officially received only 20 complaints, there have been hundreds, even thousands of complaints posted on Facebook.
“People are talking about it and I think that’s important,” she said, proposing that the motion could be developed to be more far-reaching. “I think we could put some more meat on these bones,” she said.
Acting CAO George Shaparew proposed adding “aerial trespass” to the bylaw, making it illegal to set off fireworks that go onto neighbouring properties. “It will be treated as a trespass, as aerial rights over people’s homes are sacred,” he said.
Eisses agreed with the suggestion that the motion be deferred, to allow staff to look into the options. “This was meant to be a starting point,” he said. “This motion isn’t enough. This could be strengthened.”
Councillors voted to defer the motion and ask for a staff report “that updates this, as to how we go forward,” looking at Shelburne’s by-law and the notion of aerial trespass. The report would come back to the next meeting of council - with the July break, on August 11.
Coun. Eisses noted that the town had received 34 pages of emails commenting on the use of fireworks, most of them negative. He suggested that, while waiting for the staff report, the town could launch an educational campaign, to remind residents of the rules, and “to perhaps give people second thoughts.”
“It’s been a nuisance issue with the town for a long time,” said the mayor.
