City of Biddeford, ME Offenses Against Public Safety

Definitions. The following definitions shall apply in this section:

Shall have the same meaning as in 27 CFR 555.11 or subsequent provision, but includes only products that are tested and certified by a third-party testing laboratory as conforming to United States Consumer Product Safety Commission standards, in accordance with 15 U.S.C., Chapter 47. "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 section, "sky rockets and bottle rockets" mean 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.

DISPLAY

An entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of fireworks or special effects.

(b)

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 Biddeford. [NOTE: State law prohibits the sale and possession of all fireworks, with the exception of consumer fireworks. See 8 M.R.S.A. § 223. By prohibiting the sale and use of consumer fireworks, the City is effectively prohibiting the use of all fireworks in the City of Biddeford.]

(c)

Exception. This section does not apply to a person issued a fireworks display permit by the City of Biddeford and/or the State of Maine pursuant to 8 M.R.S.A. § 227-A.

(d)

Penalties.

(1)

Any person who uses consumer fireworks or possesses consumer fireworks with the intent to use in the City of Biddeford shall be punished by a fine of not less than $200 and not more than $400, plus costs. For second and subsequent offenses, a fine of not less than $300 and not more than $600 per violation, plus costs, shall be imposed.

(2)

Any person who sells consumer fireworks or possesses consumer fireworks with the intent to sell in the City of Biddeford shall be punished by a fine of not less than $500, plus costs. For second and subsequent offenses, a fine of not less than $1,000 per violation, plus costs, shall be imposed.

(e)

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