[HISTORY: Adopted by the City Council of the City of Saco 9-17-2012. Amendments
noted where applicable.]
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.
As used in this chapter, the following term shall have the meaning
ascribed to it in this section:
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.
Does not include the following products:
Missile-type rockets, as defined by the State Fire Marshal by
rule;
Helicopters and aerial spinners, as defined by the State Fire
Marshal by rule; and
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.
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.
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]
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.
