Diwali Fireworks

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I.am.Sam said:
well then ...thats it

the law says its fine
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The law says fireworks are permitted on those days, not that the laws prescribing which fireworks are permitted are waived during those times. You're still not allowed to fire off rockets and other massive class of fireworks.
 
Zewp said:
The law says fireworks are permitted on those days, not that the laws prescribing which fireworks are permitted are waived during those times. You're still not allowed to fire off rockets and other massive class of fireworks.
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Where is the law saying what fireworks are permitted? I'm sure some of the cruise missiles in our area last night were illegal...
 
Each Municipality has its bylaws for handling the fireworks. eThekwini has them, they are easily understandable.

http://www1.durban.gov.za/durban/government/policy/fireworks

DEFINITIONS

“Fireworks” - that is goods that intended to be of pyrotechnic effect that are classified low hazard fireworks such as firework showers, fountains, golden rain, lawn lights, pin wheels, sparkles and volcanoes etc.

“Fire Cracker” means small fireworks with entwined fuses used solely as noise makers and not for pyrotechnic effect.

“Nuisance Fireworks” means a fireworks product that produces an effect involving a screech or noise, or is being altered or misused that has the effect of creating fear or disturbance to residents. These include fireworks such as air bombs, supersonic bang, sound shells, fountain whistle, screeches etc.

“Family Package”- means outdoor low hazard recreational fireworks.
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Ontop of this we have General Nuisance Bylaws which fireworks fall under:
http://www1.durban.gov.za/durban/government/bylaws/general-bylaws

CHAPTER 3

NUISANCES
PART 1 : GENERAL
OFFENCES

3.1.1 (1) A person commits an offence if in a street or public place or on premises he by act or omission causes or creates a nuisance or allows a nuisance to arise or exist in circumstances which are under his control; provided that the aforegoing shall not apply to the extent that a person acts lawfully in the exercise of a right or in the performance of a duty.

(2) Without limiting the generality of the provisions of subsection (1) the following shall constitute nuisances thereunder:

(a) the reproduction of noise or vibration which arises from or is caused by the operation or use of equipment or machinery;

(b) the production of harmful, noisome or offensive dust, fumes, gases, smells or smoke which arises from or is caused by any act or activity, the operation or use of equipment or machinery or the condition of any property, movable or immovable;

(c) the production of noise by or arising from or caused by the operation or use of any device which produces, reproduces or amplifies sound;

(d) the production of noise by the striking of any object;

(e) the production of noise produced by the discharge of any gun, firework or other explosive device;

(f) quarrelling, shouting, screaming, swearing or making any other loud or disturbing noise;

(g) the production of an excessively bright or a flashing or intermittent light;

except to the extent that is expressly authorised by law.
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This would mean that any repeated firework sounds are a nuisance... thus not allowed.
 
ToxicBunny said:
Both of your links deal with the use of fireworks, not what type are legal or not legal.
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If no type is specified no type is exempt.
Unless they are classified as a military grade they would be excluded, however should the firework be classified as a firework and not an explosive used to cause bodily harm (to humans) it is a firework.

A firework cannot be classified by size, because FYI, the smaller ones make the big noise!
 
SirFooK'nG said:
Each Municipality has its bylaws for handling the fireworks. eThekwini has them, they are easily understandable.

http://www1.durban.gov.za/durban/government/policy/fireworks



Ontop of this we have General Nuisance Bylaws which fireworks fall under:
http://www1.durban.gov.za/durban/government/bylaws/general-bylaws



This would mean that any repeated firework sounds are a nuisance... thus not allowed.
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Thats where the exception over rides the "disturbance of peace laws"
On a normal night, setting off a firework that sound like a gun shot is illegal. The exception however is on special days like Chinese New Year and Diwali.
 
isie said:
Yes the law is clear - they are allowed to use fire works - until a certain time -
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That's not law either - that is an article about City of Johannesburg bylaws.

Googling gives me the following:
The following regulations make the discharge or handling of fireworks illegal:

Regulation 9.18(d) of Government Gazette 1604 of 8 September 1972 (dealing with the selling of fireworks to a person under the age of 16)

Regulation 19.9 of Government Gazette 1604 of 8 September 1972 (dealing with permitting children under the age of 16 to handle fireworks without adult supervision)

Regulation 10.34(c) of Government Gazette 1604 of 8 September 1972 (dealing with the use of fireworks in a public place without the permission of the local authority)

Section 38(3) of the Tshwane Fire Brigade By-law, Local Authority Notice 267 dated 9 February 2005 (dealing with the use of fireworks without the permission of the Chief Fire Officer)
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Source: CoT bylaws

It seems as though residential use might depend on local bylaws.
 
No, there is no exception to the disturbance of pace laws.

You are allowed to set off fireworks on Diwali, but it does NOT override the Distubance of the Peace bylaws.
 
ToxicBunny said:
No, there is no exception to the disturbance of pace laws.

You are allowed to set off fireworks on Diwali, but it does NOT override the Distubance of the Peace bylaws.
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There are exclusions.
On New years and other holidays you are allowed to have loud music till a certain time.
On Diwali you can use fireworks until a certain time.
 
Look honestly I have no issue with fireworks, but I am in serious doubt to what controls and measures are taken in inspecting commercial fireworks that are sold these days. Its just completely insane to think that the class of explosions we hear in and around suburbs over Diwali are within an acceptable levels deemed for residential.

You can go on and on about what rights etc you have by law to practice these events. I will not dispute that. But honestly, and you guys who play with these "mini bombs" know that they are bloody loud. Not small family friendly little celebration bangs. If you honestly think that then you are very hard of hearing.
 
Tech786 said:
There are exclusions.
On New years and other holidays you are allowed to have loud music till a certain time.
On Diwali you can use fireworks until a certain time.
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No, there are no exceptions to the Disturbance of the peace laws. There are relaxations given certain conditions, but you are still not allowed to disturb the peace.

People are still required to get written permission to discharge fireworks in Durban, regardless of the day.
 
I found this one too.... I wonder if still valid:http://www.duncandubois.co.za/ward_issues.htm

In December 2007 the eThekwini Council amended its fireworks policy as follows:
1] The usage of fireworks is limited to nine days in the year. These are: New Year’s Eve and New Year’s Day,
Hindu New Year and Chinese New Year, Human Rights Day, Freedom Day, Diwali, Christmas Eve and the Day of
Goodwill.
2] The usage and detonation of fireworks is prohibited in residential areas, in proximity to old age homes or where
animals live, domestic or wild.
3] Permission to hold a fireworks display may be granted subject to certain requirements:
3.1] That a written application is made in which certain criteria are spelled out, namely:
3.1.1] That the display is held in an open public space sufficiently removed from the proximity of animals and human settlement;
3.1.2] That the applicant specifies the actual time frame of the display which may not exceed one hour.

No councillor may grant permission to hold a fireworks display. Application must be made to Metro Police.
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Here's the issue summed up in a nutshell.

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Celebrate your religious festivals, I welcome it. Just do so within reason.
 
Lol, this thread is still going. TBH 60% of people who use fireworks aren't even celebrating Diwali.
 
LiquidCocaine said:
Lol, this thread is still going. TBH 60% of people who use fireworks aren't even celebrating Diwali.
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And 100% of people seeking gratification through pointless noise are feckless, unwashed, inconsiderate dimwits, regardless under which banner they do so.
 
ToxicBunny said:
Have to admit I liked the "He isn't allowed to ask them to stop, its their constitutional right" crap. Trust me, I can and did ask them to stop, they told us to get knotted, we called the cops, they fined them and made them stop.

Disturbing the peace of the neighbourhood, and discharging illegal fireworks is not a constituional right, oh and RiaX, my rough description of Diwali may not be 100% accurate, but fek off big rockets have less than sweet buggerall to do with Diwali.
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No firstly you exaggerating because you know 'fek' all about fireworks and secondly the rockets as displays are significant because you know 'fek' all about diwali. Dont comment when you dont understand.
 
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