A discussion of letting fireworks off in streets flared up when Tauranga City Councillors learned a clause of a new proposed bylaw would make it illegal.

City councillors spoke in favour of letting off fireworks in the street as a safer alternative during discussion of a new fire Protection Bylaw yesterday.

However, the conversation got a little heated when they discovered a clause of the proposed bylaw will make it illegal to let off fireworks in the street, under pain of a prosecution under the local government act and a maximum fine of $20,000.

'No person may set off or light any fireworks flares or other explosive material in any public place without first obtaining approval from council,” says the contested clause.

It sparked councillor Steve Morris into reminiscing over happy memories of letting off fireworks in the Simpson Reserve.

'There's no way we are going to be able to enforce that in every cul-de-sac in the city,” says Steve.

From a safety point of view letting off fireworks on the road could be a better option, says councillor Rick Curach.

Banning fireworks altogether might stop the people who let off fireworks at all times of night all year round, says Catherine Stewart.

The update of the Outdoor Fire Safety bylaw is to enable the city council to ban fireworks and flying lanterns as part of an urban outdoor fire ban during times of extreme fire risk.

At present the council can prohibit outdoor fires when it's really dry, but it cannot legally prevent people letting off fireworks and loosing flying lanterns during a fire ban.

It also can't stop commercial fireworks display operators sparking up during an open fire ban.

The current urban fire district bylaw became operative in 2010 and is due its five year review. It was developed so the council could declare an urban fire ban during periods of extreme fire risk.

While the neighbouring rural fire districts are able to declare total fire bans when things get really dry, the city was unable to do so until 2010.

It also prohibits outdoor fires in public places, unless council permission is obtained prior.

The two exemptions are the use of electric or gas barbeques in public places, and driftwood fires on the beach, as long as they are below the high tide line. Beach fires are included in urban fire bans.

The bylaw also regulates fires on private land, prohibiting them in circumstances where the location, wind or other conditions are likely to cause the fire to become a danger to any people or property, or spread beyond the property boundary, or be a smoke or ash nuisance to people property, or a hazard to road traffic.

As it stands the bylaw still has conflicting messages over Guy Fawkes night, allowing outdoor fires and fireworks on private land without council approval where there is no danger nuisance or risk – but in the next paragraph forbidding the lighting of the traditional Guy Fawkes bonfire.

Outdoor fires on private land are only permitted between the hours of sunrise to sunset, unless approved by Council - or the fire is in a non-combustible container designed to be used in the outdoors for cooking, heating or amenity.

Councillors approved the amended bylaw for public consultation.