MUNICIPALITY LAUNCHING WEBSITE SURVEY ON FIREWORKS

HORSE OWNER SAYS LOUD BANGS SPOOK ANIMALS, PUTS THEIR HEALTH AT RISK

The rules for using fireworks in Adjala-Tosorontio will be getting a long overdue review.

The issue came to the forefront at the June 8 council meeting during a deputation from horse owner Trish Andros, who says fireworks that were set off at a neighbouring properties in recent weeks jeopardized the health and well-being of her animals.

Andros, who owns Story Book Meadows, a 21-acre farm near Loretto, said fireworks were set within 40 metres of her property on one occasion, and the loud bangs caused her horses to panic and run, forcing her and her husband to run into the pasture to catch them.

"We managed to bring some into the stalls, but we do not have enough stalls for the number of horses boarded at my farm," she said in her deputation. "We could not catch the boarder's horses due to their running in fear. I believe that would be the definition of 'danger.' We spent our time going from one pasture to another to try to keep all the horses calm. I believe that would be the definition of 'nuisance.' "

Andros said more fireworks were set off after this incident, some coming from other properties, causing the horses to run into the dark on uneven pasture.

"One of these older horses had already been injured a few years ago from this exact same situation, with several thousand dollars in vet bills and 90 days stall layup," she said.

Andros filed a complaint with the township's bylaw officer, and provided video of the fireworks.

She's offered a number of ways to address the issue, including banning fireworks from being used on private property like Caledon has done, limiting days when they can be used, or requiring residents to get permission from neighbouring property owners.

The township's acting chief administrative officer Chris Robinson said staff reviewed the complaint and the video, but determined the residents were using the fireworks within the bylaw.

Andros accused the township of failing to enforce Section 5C of the bylaw, which states that fireworks cannot be used if they create a "danger or constitute a nuisance to any person or property" or "cause any unsafe act or omission at the time and place of display."

But Robinson said the township's lawyer reviewed the bylaw, and came up with a different interpretation of the rules.

The lawyer pointed out that noise is an inherent part of setting off fireworks, and section 5C doesn't refer to the noise created by them.

He said if someone was setting fireworks off inside a home, or shooting them at somebody or their property, then the township would take action.

"We have to be justified the moment we step on somebody's property," he said. "And again, when it comes to the fireworks bylaw, if someone is setting off fireworks within the requirements of the bylaw, they haven't breached anything." Council did agree to take another look at the bylaw, which hasn't been revised since 2005.

A survey will be placed on the township's website for three months to get feedback from residents. Once the responses have been collected, staff will come up with recommendations and present a report to council, either in December or in January.

"We have over 10,000 residents and I think the community is very divided on this, so I'd like to hear what the residents have to say," said Coun. Deborah HallChancey.