October 29, 2004
By Ndaba Dlamini
A SIX-YEAR-OLD boy dashes away from behind one of the Yeoville Park benches and, seconds later, a series of explosions startle a group of people lounging on the lawn, some of whom swear at the scampering child.
Exploding fireworks sound like gunfire and the tranquillity of the park is disrupted briefly. Peace, however, returns as the transgressor joins his friends for a good laugh.
As Guy Fawkes Day draws near, some Yeoville residents have expressed concern that the crackers being let off in the park, some "the size of a large Free State farmer's middle finger", may pose a danger to the children and the public.
"I live directly opposite the park and the way these kids endanger themselves and other people is unacceptable," says Yeoville resident, George Starita. "The massive crackers that are let off may really get someone into hospital one of these days. The din seems to escalate especially as Guy Fawkes Day approaches. Why people go crackers about Guy, a 17th century urban guerrilla hanged for plotting to blow up the parliament building in England, is another matter altogether. These kids don't even know what Guy Fawkes Day is all about."
Guy Fawkes day is commemorated - mainly in the UK, but also in other Commonwealth countries - on 5 November every year with fireworks. The day marks the anniversary of the Gunpowder Plot, a 1605 conspiracy by Guy Fawkes and his close friends to blow up the English Parliament and King James 1. The plot failed and Fawkes was captured and beheaded on 5 November.
"Guy Fawkes Day, it seems, is not the only day crackers are let off at the park. Any other day is Guy Fawkes Day to these kids. I think these crackers should be let off in controlled places and they should not be used by kids," adds Starita.
A community activist from Yeoville, Maurice Smithers, agrees and says fireworks should not be sold willy-nilly on the streets. "Fireworks and firecrackers are being sold even by informal traders at the Yeoville market. This is very dangerous because most people are ignorant on the use of these things in public."
He adds: "There should be legislation that stipulates the use of fire crackers and fireworks in public. The quality of crackers being let off in public leaves a lot to be desired and the explosions traumatise animals, especially dogs which have very sensitive hearing. If there are any laws on the use of fire crackers in public then these laws should be implemented."
In terms of the City's by-laws no person should use fireworks within 500 metres of any explosives factory, explosives storage place, petrol depot or petrol station, inside any building, at any public place or at any school, old age home or hospital. A fine of R1 500 will be slapped on any person found violating these laws.
Lighting or igniting fireworks in any place where animals are present will incur a fine of R1 000. Minors may not be allowed to light or ignite fireworks by any person caring for them.
To stage a fireworks display, permission must first be first sought in writing from the Fireworks Working Committee or from the Chief Fire Officer in that particular region. The application must reach the committee or the Chief Fire Officer 14 days in advance to allow members of the public to launch any objections.
If an application to present a fireworks display is approved by Council, it may require that the fireworks display be presented only on "suitable premises designated by the Council and under the supervision and control of an official designated by the Council".
"For use in private yard, a person should also apply for permission and outline the plan of the house which includes any overhead pylons. A site inspection by members of the EMS will also be conducted," says Dennis Konqobe, Divisional Chief Officer of the Emergency Management Services (EMS).
On days of cultural and religious celebrations, no permission is required to use fireworks but it must be done within the times stipulated by the City's by-laws. These include New Years Day, Chinese New Year, Human Rights Day, Guy Fawkes Day, Christmas Eve and the Day of Goodwill, where displays can be held between 7pm and 10pm. A R500 fine will be incurred if a person is found letting off fireworks on these days outside these times.
Konqobe says its illegal to let off fireworks after midnight on any day except on New Year's Eve. On this day, fireworks are only allowed between 11pm and 1am. "A person could be fined R1 500 for illegal use of firecrackers or fireworks in public. Firecrackers can be used by children, but fireworks usually carry an age restriction on their use."
The by-laws also specify that only licenced dealers may sell fireworks. A dealer may be granted a licence to sell fireworks provided he applies in writing to a regional Chief Fire Officer. Konqobe says a dealer must meet certain requirements before he is granted a licence to sell fireworks.
A dealer should have a lockable cabinet where fireworks are displayed. The cabinet should bear a notice alerting customers not to take fireworks on display out of their wrappings within the shop. Another notice - which should be clearly visible - displaying a "fireworks for sale" sign should be placed outside the shop. Fireworks should be stored at the back of the shop in a lockable steel cabinet and the shop should be a strictly no smoking area.
According to Konqobe, if a dealer meets these requirements a licence will be granted after the application letter has been approved by the police.
However, Wayne Minnaar, spokesperson for the Johannesburg Metro Police Department which enforces city by-laws, says people should be tolerant of the use of fireworks during cultural and religious celebrations. "People must note that it's only for one day. But if use of these firecrackers and fireworks borders on recklessness, then the metro police will take action."
Applications from the public to stage a fireworks display should be addressed to the Emergency Management Services Divisional Chief Fire Safety and faxed to 011 805 8342. For more information contact the department on 011 254 0811.
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