[HISTORY: Adopted by the Town of Wells 12-20-2011. Amendments noted where applicable.]
The purpose of this chapter is to prohibit the use and/or sale
of consumer fireworks in order to protect public health, safety and
welfare.
The Town has authority to enact an ordinance to prohibit or
restrict the sale or use of consumer fireworks pursuant to Title 8
M.R.S.A. § 223-A.
The terms used in this chapter shall be as they are defined
herein, and as in Title 8 M.R.S.A. § 221-A, as amended.
This term has the same meaning as in 27 Code of Federal Regulations,
Section 555.11, or subsequent provision, but includes only products
that are tested and certified by a third-party testing laboratory
as conforming with the United States Consumer Product Safety Commission
standards, in accordance with 15 United States Code, Chapter 47. However,
"consumer fireworks" 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 paragraph,
"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.
This term includes any:
Combustible or explosive composition or substance;
Combination of explosive compositions or substances;
Other article that was prepared for the purpose of producing
a visible or audible effect by combustion, explosion, deflagration
or detonation, including blank cartridges or toy cannons in which
explosives are used, the type of balloon that requires fire underneath
to propel it, firecrackers, torpedoes, skyrockets, roman candles,
bombs, rockets, wheels, colored fires, fountains, mines, serpents
and other fireworks of like construction;
Fireworks containing any explosive or flammable compound; or
Tablets or other device containing any explosive substance or
flammable compound.
The term "fireworks" does not include consumer fireworks or
toy pistols, toy canes, toy guns or other devices in which paper caps
or plastic caps containing 25/100 grains or less of explosive compound
are used if they are constructed so that the hand cannot come in contact
with the cap when in place for the explosion, toy pistol paper caps
or plastic caps that contain less than 20/100 grains of explosive
mixture, sparklers that do not contain magnesium chlorates or perchlorates
or signal, antique or replica cannons if no projectile is fired.
The lighting or other setting off of consumer fireworks.
A.
The sale of consumer fireworks is prohibited anywhere within the
Town of Wells.
B.
The use of consumer fireworks is prohibited anywhere within the Town
of Wells.
C.
This chapter does not apply to a person issued a fireworks display
permit by the Town and/or State of Maine pursuant to 8 M.R.S.A. § 227-A,
as may be amended from time to time.
D.
This chapter is intended only to govern consumer fireworks. The use,
sale, and possession of fireworks is governed by the applicable provisions
of 8 M.R.S.A. § 221 et seq. THE POSSESSION, AND/OR SALE
OF FIREWORKS IN MAINE IS ILLEGAL, except as permitted under 8 M.R.S.A.
§ 227-A, as may be amended from time to time.
The Wells Police Department shall administer and enforce this
ordinance.
A.
Use of consumer fireworks. Use of consumer fireworks in violation
of this chapter shall be subject to a fine of not less than $100 nor
more than $250 plus attorney's fees and costs for the first offense,
or a fine of not less than $250 nor more than $500 plus attorney costs
for each subsequent offense.
B.
Sale of consumer fireworks. Sale of consumer fireworks in violation
of this chapter shall be subject to a fine of not less than $500 nor
more than $1,000 plus attorney's fees costs for the first offense,
or a fine of not less than $1,000 nor more than $2,500 plus attorney
costs for each subsequent offense.
C.
Seizure of consumer fireworks. The Town may seize consumer fireworks
that it has probable cause to believe are used or sold in violation
of this chapter. All consumer fireworks lawfully seized under this
chapter shall be forfeited to the State of Maine pursuant to Title
8 M.R.S.A. § 237(2).
Any appeals with respect to decisions made under this chapter
shall be taken to York County Superior Court within 30 days of the
decision being appealed.
In the event any provision of this chapter is found by a court
of competent jurisdiction to be invalid, the remainder of this chapter
shall remain in effect.
This Ordinance shall take effect 30 days after adoption by the
Board of Selectmen.
