[HISTORY: Adopted by the Town of Ogunquit 1-17-2012 STM (Title II, Ch. 12, of the 1980 Code).
Amendments noted where applicable.]
This chapter shall be known as the "Town of Ogunquit Fireworks
Ordinance."
The purpose of this chapter is to safeguard the health, safety
and welfare of the Town of Ogunquit by prohibiting and restricting
the sale or use of consumer fireworks within the municipality.
This chapter is adopted pursuant to the enabling provisions
of the Maine Constitution, the provisions of 30-A M.R.S.A. § 3001,
and the provisions of 8 M.R.S.A. § 223-A.
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:
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 U.S.C. Chapter
47. "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 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.
Any entertainment feature where the public or a private group
is admitted or permitted to view the display or discharge of fireworks
or special effects.
Includes the following products:
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.
A.
No person
or group shall use, possess with the intent to use, sell, possess
with the intent to sell or offer for sale consumer fireworks in the
Town of Ogunquit.
B.
Exception. This section shall not apply to a person or group issued
a fireworks display permit by the State of Maine pursuant to 8 M.R.S.A.
§ 227-A.
A fireworks display requires a permit from the Maine Commissioner
of Public Safety or his or her designee under the provisions of 8
M.R.S.A. §§ 221 to 237, and particularly § 227-A.
The Fire Chief, or his or her designee, shall inspect the proposed
display site at the time of the inspection conducted by a representative
of the Maine Public Safety Department under 8 M.R.S.A. § 227-A(2).
The Town may seize consumer fireworks that the Town has probable
cause to believe are used, possessed or sold in violation of this
chapter and shall forfeit seized consumer fireworks to the state for
disposal.
Whoever violates any of the provisions of the foregoing sections
shall be subject to a civil penalty of not less than $100 per day
and not more than $2,500 per day, plus attorney's fees and costs.
