[HISTORY: Adopted by the Town of Kennebunkport 6-12-2012. Amendments noted where applicable.]
No person shall use, possess with the intent to use, sell, possess
with the intent to sell, or offer for sale consumer fireworks within
the Town of Kennebunkport or from any watercraft within the waters
of the Town of Kennebunkport except as hereinafter provided.
For the purposes of this chapter, "consumer fireworks" shall
have the same meaning as provided in 8 M.R.S.A. § 221-A,
except that the term "consumer fireworks" does not include 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 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.
[Amended 11-3-2020]
This chapter shall not apply to a person issued a fireworks
display permit issued by the State of Maine pursuant to 8 M.R.S.A.
§ 227-A.
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 of
Maine for disposal.
A.
Any person who uses, or possesses with the intent to use, consumer
fireworks in violation of this chapter 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.
B.
Any person who sells, or possesses with the intent to sell, consumer
fireworks in violation of this chapter 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.
