City of Saco, ME
York County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Saco 9-17-2012. Amendments noted where applicable.]

§ 82-1 Purpose.

The purpose of this chapter is to assure the comfort, convenience, safety, health and welfare of the inhabitants of the City of Saco, to protect and conserve its environment and resources by regulating the use and sale of consumer fireworks.

§ 82-2 Definitions.

As used in this chapter, the following term shall have the meaning ascribed to it in this section:
A. 
The same meaning as the term set forth in 27 CFR 555.11, as may be amended from time to time, but includes only products that are tested and certified by a third party testing laboratory as conforming with United States Consumer Product Safety Commission standards, in accordance with 15 U.S.C. Chapter 47.
B. 
Does not include the following products:
(1) 
Missile-type rockets, as defined by the State Fire Marshal by rule;
(2) 
Helicopters and aerial spinners, as defined by the State Fire Marshal by rule; and
(3) 
Sky rockets and bottle rockets. For purposes of this subsection, "sky rockets and bottle rockets" means cylindrical tubes containing not more than 20 grams of chemical composition, as defined by the State Fire Marshal by rule, with a wooden stick attached for guidance and stability that rise into the air upon ignition and that may produce a burst of color or sound at or near the height of flight.

§ 82-3 Prohibition.

No person shall use, possess with the intent to use, sell, possess with the intent to sell or offer for sale consumer fireworks in the City of Saco; provided, however, that this chapter does not apply to a person issued a fireworks display permit by the City and/or State of Maine pursuant to 8 M.R.S.A. § 227-A, as may be amended from time to time.

§ 82-4 Violations and penalties.

A. 
Any person who uses consumer fireworks or possesses consumer fireworks with the intent to use them in the City shall be punished by a fine of not less than $200 and not more than $400 per violation plus attorney fees and costs. For second and subsequent offenses, a fine of not less than $300 and not more than $600 per violation plus attorney fees and costs shall be imposed.
B. 
Any person who sells consumer fireworks or possesses consumer fireworks with the intent to sell them in the City shall be punished by a fine of not less than $500 plus attorney fees and costs. For second and subsequent offenses, a fine of not less than $1,000 per violation plus attorney fees and costs shall be imposed.
C. 
Any person or party who authorizes, permits or does not take action to prevent the property he/she/it owns, leasees or controls to be used for the use or display of consumer fireworks shall be punished by a fine of not less than $200 and not more than $400 plus attorney fees and costs. For second and subsequent offenses, a fine of not less than $400 and not more than $600 per violation plus attorney fees and costs shall be imposed.
[Added 10-21-2013]

§ 82-5 Seizure and disposal.

The City may seize consumer fireworks that the City has probable cause to believe are used, possessed or sold in violation of this chapter or in violation of state law and shall forfeit the seized consumer fireworks to the State of Maine for disposal.