The season for bursting bamboo and fireworks runs roughly from Divali to New Year and each year it seems to be getting worse.

Dozens of dogs have been lost when they escaped from their yards and ran off, hysterical with fear.  Many never returned: some were injured or killed on the road.

At least one human death can be attributed to a dog that, driven mad by the noise, ran onto the Churchill Roosevelt Highway, causing a major traffic accident. One man (and the dog) died that night.

One boy died after his shirt caught fire while he was bursting bamboo.  Several schools also faced major problems with students setting off scratch bombs on the compounds.

It is at least heartening to see that some schools banned scratch bombs from their compounds, but this is not enough.  Throwing scratch bombs or any other type of firework is not just a matter of breaking school rules, it is a serious breach of the law of the land.

Most people obviously believe that it is perfectly legal to set off fireworks on the principle that “if it wasn’t legal they wouldn’t be on sale.”   This is wrong. There is an anomaly in the law that allows fireworks to be imported and sold even though it is illegal to set them off.  

The law is perfectly clear.

The Summary Offences Act, Chap. 11:02, states:

Section 99(1)

“Except as prescribed by regulations under this Act, any person who throws, casts,   sets fire to, or lets off any fireworks within any town is liable to a fine of one thousand dollars.”

Section 99(2)

“In this section and in sections 100 and 101 'town' includes the City of Port of Spain, the Borough (now City) of San Fernando and the Borough of Arima, and every part of the area within two miles of the boundaries of such City, or of either of such boroughs, and also any place or area declared by The Minister, by Order, to be a town or to be deemed to be included within a town for the purposes of the said sections.”

Section 100

“Any person who throws, casts, sets fire to, or lets off any fireworks into, in or upon any street not being in any town, or into, in, or upon any place being within sixty feet of the centre of any such street, is liable to a fine of four hundred dollars.”

Look at a street-map of Port of Spain.  Look at the broken line that marks the boundaries of the city. It runs from Laventille, round the top of the Savannah, thorough the back of St. James and down to Western Main Road at the western end of the Cocorite stretch, near Powder Magazine.

A careful look at Section 99(2) shows that areas such as Victoria Gardens, Westmoorings, Bayshore and Shorelands all fall within the limit of two miles from the boundaries of Port of Spain.  To the east, much of Morvant and Barataria also fall within the two mile limit as do St. Anns, Cascade and lower Maraval.

Far too often youngsters let off fireworks in the streets of residential areas.  Sometimes they pelt firecrackers into yards from upstairs windows, regardless of who is below. They throw firecrackers into neighbours’ yards. Nobody stops them. On rare occasions when the police are called they either seem unaware that this activity is illegal or claim they cannot see from which property the fireworks are coming.  It is time for neighbourhood groups to get together and insist that the law be enforced.

The Explosives Act - Section 12 (5) - requires every retailer to display a board showing his name and the words” licensed retailer of explosives.  Section 17 of the same Act also specifies that “gunpowder (which includes fireworks) shall not be sold to any child apparently under the age of sixteen years, whether for his own use or the use of any other person.”  The fine for this is $200.

Unfortunately, many parents buy large supplies of fireworks for their children, thereby teaching them that it is perfectly acceptable to break the law, disturb the neighbours and terrify their animals. Credit should go to those parents who not only refuse to buy fireworks but teach their children that they should not enjoy fireworks because of the fear and pain they cause others.  There are very few such parents.

Many of the “better” fireworks are expensive and one ‘cake’ style firework was seen priced at $400. This is exactly the same as the fine listed in Section 100 of the Summary Offences Act, for setting off fireworks outside the boundaries of a town, or over two miles beyond the boundary. Anyone who can afford to spend $400 on one firework will not be deterred by such a fine.  Obviously the fines are too low!

Consider also the danger that fireworks pose.  Stashes of fireworks in private home have the potential to cause serious damage to people and property.

What will it take to make people sit up and demand that the law be enforced?

Must we wait for an explosion like that in Peru one Christmas?

Do we need a serious accident to “prominent” people in an “up-market” area to make the authorities enforce the law?

Unfortunately, it is unlikely that anything will be done until this happens.