[HISTORY: Adopted by the Town Council of the Town of Standish 5-14-2013 by Order No.
10-13. Amendments noted where applicable.]
This chapter regulates the use of consumer fireworks to ensure
the safety and the peace and quiet of the residents and property owners
of the Town of Standish and of the general public.
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 dearly indicates a different meaning:
Has 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 with United States Consumer Product
Safety Commission standards, in accordance with 15 United States Code,
Chapter 47. "Consumer fireworks" does not include the following products
which are illegal to sell in Maine:
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 definition,
"sky rockets and bottle rockets" means cylindrical tubes containing
not more than 20 grams of chemical composition, as defined by the
State 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.
Shall have the same meaning as that term is defined under
state law, 8 M.R.S.A. § 221-A(3), as may be amended from
time to time.
Shall have the same meaning as that term is defined under
state law, 8 M.R.S.A. § 221-A(4), as may be amended from
time to time.
Any individual, partnership, limited liability company, corporation,
governmental entity, association, or public or private organization
of any character.
The Town of Standish.
A.
A person shall not use, display, fire or cause to be exploded consumer
fireworks within the Town (including the waters of the Town) except
on the following days and during the following times:
(1)
July 4, beginning at 9:00 a.m. and ending at 12:30 a.m. the following
day when July 4 falls on a Friday or Saturday and ending at 10:00
p.m. when July 4 falls on other days.
(2)
July 3 and July 5, beginning at 9:00 a.m. and ending at 12:30 a.m.
the following day when July 3 and July 5 fall on a Friday or Saturday
and ending at 10:00 p.m. on other days.
(3)
December 31, beginning at 9:00 a.m. and ending at 12:30 a.m. the
following day;
(4)
January 1, beginning at 9:00 a.m. and ending at 10:00 p.m.
(5)
When a professional New England sports team wins a national championship,
the use of fireworks will be allowed on that day and ending at 12:30
a.m. the following day, also beginning at 9:00 a.m. and ending at
10:00 p.m. of the following day.
(6)
On Friday and Saturday nights from July 1 through Labor Day, beginning
at 8:00 p.m. and ending at 10:00 p.m.
B.
Notwithstanding Subsection A above, a person shall not use, display, fire or cause to be exploded consumer fireworks within the Town on days that burn permits are not issued due to dry conditions.
C.
A person may use consumer fireworks only on that person's property
or on the property of a person who has consented to the use of consumer
fireworks on that property.
D.
Nothing in this chapter shall be construed to apply to a person issued
a fireworks display permit by the State of Maine pursuant to 8 M.R.S.A,
§ 227-A, as may be amended from time to time.
E.
Nothing in this chapter shall be construed to allow the use of any
fireworks or consumer fireworks that are prohibited by state law.
Any person who uses consumer fireworks in violation of § 144-3 above in the Town shall be punished by a fine of not less than $200, plus court costs. For second and subsequent offenses, a fine of not less than $400 per violation, plus court costs, shall be imposed.
The Town may seize consumer fireworks that the Town 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
consume fireworks to the State of Maine for disposal.
This chapter shall be enforced by the Town's duly authorized
law enforcement provider or any other duly authorized agent of the
Town approved by the Town Council to enforce this chapter.
Should any section or provision of this chapter be declared
by the courts to be invalid, such decision shall not invalidate any
other section or provision of this chapter.
