This chapter governs and prohibits the sale and use of consumer
fireworks to ensure the safety of the residents and property owners
of the Town of Bar Harbor and of the general public.
This chapter shall be known as the "Town of Bar Harbor Consumer Fireworks Ordinance" and is adopted pursuant to the enabling provisions of the Maine Constitution; Title 30-A M.R.S.A. § 3001; Title 8 M.R.S.A. § 223-A; and Town Charter §
C-10A(9).
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
CONSUMER FIREWORKS
A.
The term "consumer fireworks" 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 United States Consumer Product
Safety Commission standards, in accordance with 15 United States Code,
Chapter 47.
B.
The term "consumer fireworks" 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.
No person or group of persons shall sell, possess with the intent
to sell or offer for sale consumer fireworks within the Town of Bar
Harbor.
No person or group of persons shall use, possess with intent
to use, display, fire or cause to be exploded consumer fireworks within
the Town of Bar Harbor.
This chapter does not apply to a person issued a fireworks display
permit by the Town of Bar Harbor and/or the State of Maine pursuant
to 8 M.R.S.A. § 227-A to 237.
In the event that any section, subsection or portion of this
chapter shall be declared by any court of competent jurisdiction to
be invalid for any reason, such decision shall not be deemed to affect
the validity of any other section, subsection or portion of this chapter.
This chapter takes effect on January 1, 2012.