My suggestion is to still take precautions with your pets, even though there are specified times to discharge fireworks. No audible's may be discharged. Only "Animal Friendly" (no bangs) one's. Please contact 035-7725503/4 traffic control or 035-7973313. Fire Control for complaints over this period.
and for any other time that fireworks are discharged.
The Fire department:
will have 1 vehicle in Empangeni, with 1 man who will be patrolling the whole of Empangeni.
Nuisance officer:
- 035-7725503/4
- 035-9075761
There will be 1 vehicle and 1 nuisance officer on standby to attend to complaints on New Year's eve in Empangeni and 1 vehicle in R/Bay to attend to fireworks complaints in R/bay on New Years Eve,
SAPS & CRG: 10111
will work together to conduct patrols and check for illegal fireworks, on the streets, and make arrests.
SPCA Empangeni: 035-7929129 (leave a message as this phone will be monitored remotely if you cannot access the cell phone).
SPCA emergency cell: 0834823866
We will do regular patrols through the night -
Take care, I hope we have a peaceful, stress free night and remember that the cell phones may be down due to network overload so use the landline first.
The Council of the City of uMhlathuze have in terms of Section 156 of the Constitution, 1996, (Act 108 of 1997), read in conjunction with section 11 of the
Municipal Systems Act, 2000, made the following bylaws:
CITY OF uMHLATHUZE
POSSESSION AND DISCHARGE OF FIREWORKS
BYLAWS
1. DEFINITIONS
In these bylaws, unless the context indicates otherwise -
“Act” means the Explosives Act, 26 of 1956.
“Council” means the City of uMhlathuze or its successors in law, and includes the Council of the Municipality and its Executive Committee and any committee or person or other body acting by veto of any power delegated to it in terms of legislation.
“Chief Fire Officer” means the Chief Fire Officer appointed by Council in terms of Section 5 of the Fire Brigade Services Act, 1987, and shall include any person appointed as Acting Chief Fire Officer.
“Fireworks” means any explosive device or substance that burns or explodes after ignition, including fire crackers and which is regulated under the Explosives Act 26 of 1956 and its regulations. Furthermore, it can be defined as goods intended to be of pyrotechnic effect that are classified low hazard fireworks such as firework showers, fountains, golden rain, lawn lights, pinwheels, sparkles and volcanoes, etc.
“Fire Cracker” means small fireworks with entwined fuses used solely as noisemakers and not for pyrotechnic effect.
“Fireworks Display” means any firework discharged by any person or organisation for either religious or festive purposes.
“Inspector” unless otherwise qualified, means a Chief Inspector of Explosives or an Inspector of Explosives, or anyone deputed to act as an inspector under section 2 of the Explosives Act 1956.
“Licensed Dealer” shall have the meaning assigned to it in the Explosives Act as amended.
“Nuisance fireworks” means a fireworks product that produces an effect involving a screech or noise, or is being altered or misused that has an effect of creating a fear or disturbance to residents. These include fireworks such as air bombs, supersonic bangs, sound shells, fountain whistle, screeches, etc.
“Pyrotechnician” means a person who is registered with the Chief Inspector of Explosives who is competent and suitable to produce practically or present a display of fireworks, theatrical indoor or stage pyrotechnic effect or pyrotechnic special effects.
“SPCA” means the Society for the Prevention of Cruelty to Animals.
2. KEEPING, STORAGE AND POSSESSION OF
FIREWORKS
No person shall keep, possess or store any fireworks within the area of jurisdiction of the Council unless:
1. that person has obtained the necessary permission from the Chief Fire Officer;
2. that person will be participating at any fireworks display approved in terms of this bylaw.
3. USE AND DISCHARGE OF FIREWORKS
1. A person may not use or discharge, or cause or permit to be discharged, any fireworks in or from any enclosed place where domesticated animals are present or in or from any public place without prior written permission from the Inspector of Explosives (as defined in the Explosives Act, Act 26 of 1956), and the Chief Fire Officer.
2. A person may not use or discharge, or cause or permit to be discharged, any fireworks in or from any private dwelling, private land or any other private property without prior written permission from the Chief Fire Officer. The application for the said permission must, when submitted to the Chief Fire Officer, include the written consent of adjoining neighbours.
3. No person shall allow or permit any children under the age of 16 to handle or use fireworks except under the supervision of an adult person.
4. It shall be regarded as unlawful for any person under the age of 16 to possess any fireworks for any reason.
5. No person shall point or direct a firework at any person, animal, building, or motor vehicle where such firework is in the process of exploding or detonating and where it is capable of projecting or discharging a charge or pyrotechnical effect from a distance of one metre.
6. All fireworks which fire a projectile shall be so set up that the projectile goes up into the air at nearly as possible in a vertical direction.
7. No fireworks shall be discharged during a wind storm in which the wind reaches a velocity of more that 50 kms per hour.
8. Fireworks shall be detonated or exploded as far as possible from hospitals, clinics. Petrol stations, old age and nursing homes, animal welfare organisations and institutions.
4. PERMISSION FOR USE AND DISCHARGE OF
FIREWORKS
1. Notwithstanding the provision of clause 3, the Chief Fire Officer may for religious, cultural or ceremonial or festive purposes, give written permission for the controlled discharge of fireworks by a registered pyrotechnician at an approved place, date and time subject to such conditions as the Chief Fire Officer may deem appropriate in respect of each such application.
2. Any person or organisation who intends to use or discharge fireworks for any reason, shall be required to make timeous written application to the Chief Fire Officer before the event.
3. Council shall approve cultural and other days and times during which fireworks may be detonated or exploded.
4. Council may approve the period preceding any festival, cultural, religious or ceremonial day or other days when fireworks may be sold to the public.
5. Fireworks may be detonated or exploded from 23h45 on 31 December of each year until 00h30 of the new year.
6. No fireworks shall be detonated on any day or time except those days and times declared by Council as religious, cultural or ceremonial in respect of that particular person or organisation for which prior written approval had been obtained.
7. The Chief Fire Officer shall be guided by these bylaws and the provisions of the Explosives Act in exercising his discretion whether to grant the permission or not.
8. In the event of the Chief Fire Officer approving any application for any fireworks display, he shall furnish a copy of his written approval and conditions, to the local offices of the Inspector of Explosives, Air Traffic Control and SPCA.
9. Any approval granted by the Chief Fire Officer in respect of any fireworks display, shall not relieve the applicant or any other person or organization from any other obligation under any other law.
6. CANCELLATION OF FIREWORKS DISPLAY
1. The Chief Fire Officer or his designated representative shall oversee any approved fireworks display and the instructions of the Chief Fire Officer or his representative must be strictly complied with in respect of such fireworks display.
2. The Chief Fire Officer or his designated representative shall be entitled to withdraw approval or forthwith verbally cancel any fireworks display where he considers wind direction or other weather conditions to be unfavourable or dangerous.
3. The Chief Fire Officer or his designated representative shall be entitled to withdraw approval or forthwith verbally cancel any fireworks display where he becomes aware of any circumstances or condition that he considers will render any such fireworks display unfavourable or dangerous.
7. ADDITIONAL CONDITIONS
The Chief Fire Officer may –
1. Require that notice of an application for a fireworks display be advertised in the local newspaper by the applicant.
2. Restrict the size and type of fireworks used in any approved fireworks display.
3. Stipulate fire precautions and safety measures to be taken by an applicant in respect of any approved fireworks display.
4. Confiscate any fireworks from a person found to be selling them on the street or otherwise.
8. SALE OF FIREWORKS
1. Only a person who has been given permission as a licensed dealer of fireworks shall be authorised to sell fireworks.
2. A dealer in fireworks shall not sell or allow or permit to be sold any fireworks to a child under the age of 16 years whether for his or her own use or not.
3. Sale, distribution or storage of fireworks in or from vehicles, trailers or temporary structures or industries is prohibited.
4. No fireworks shall be sold by a person or a dealer on any other day or time other than on the prescribed days.
5. No licensed dealer shall sell fireworks other than in a family pack which contains an assortment of family fireworks in which nuisance fireworks or fire crackers, when totalled, shall not comprise more than 20% of the entire item in the package.
9. COSTS
1. The applicant shall, in respect of any application for any fireworks display, be liable for all costs incurred in respect of any application and any approved fireworks display.
2. The applicant shall pay all costs in respect to any fire brigade standby duties rendered at any fireworks display.
10. PENALTIES
1. Any person who contravenes any provision of these bylaws shall be guilty of an offence and upon conviction, to a fine or in default of payment to imprisonment for a period not exceeding six months.
2. Nothing in this clause contained shall be construed as exempting any person from being charged or punished under the common law or any other statute in respect of any such act or omission as described in this bylaw.
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