[Ord. of 4-6-2015]
The purpose of this article is to protect the health, safety
and welfare of the residents of the City of Old Town by reducing the
number of nuisance fireworks activities in Old Town found to disturb
the peace and tranquility of their neighborhoods.
[Ord. of 4-6-2015]
This article is enacted as a municipal police power ordinance
pursuant to the statutory home rule provisions of 30-A M.R.S.A. § 3001
and 8 M.R.S.A. § 223-A, Subsection 2.
[Ord. of 4-6-2015]
This article shall apply to the use of consumer fireworks, as
defined below, within the limits of Old Town, Maine.
[Ord. of 4-6-2015]
As used in this article, the following terms shall have the
meanings indicated:
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, use or possess 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
Skyrockets and bottle rockets. For purposes of this paragraph,
"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 combustible or explosive composition or substance; any
combination of such compositions or substances; or any other article
which 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 which requires fire underneath to propel it, firecrackers,
torpedoes, skyrockets, roman candles, bombs, rockets, wheels, colored
fires, fountains, mines, serpents, or other fireworks of like construction;
any fireworks containing any explosive substance or flammable compound;
or any 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.
Land owned or leased by the City of Old Town, State of Maine,
University of Maine or another governmental or quasi-governmental
agency or entity. "Public land" expressly includes, without limitation,
all City and state streets, roads, highways and parks.
[Ord. of 4-6-2015]
(a)
Restricted firearms zone. The use, discharge, or ignition of consumer
fireworks within the City of Old Town's restricted firearms zone is
prohibited, with the following exceptions:
(1)
The use, discharge, or ignition of consumer fireworks within
the City of Old Town's restricted firearms zone is permitted on the
following holiday dates and times:
(b)
Other locations. In addition to Maine consumer fireworks laws, 8
M.R.S.A. Chapter 9-A, the following criteria must be met in all areas
of Old Town with regard to the use of consumer fireworks:
(1)
No consumer fireworks may be used, discharged or ignited on
public land.
(2)
No consumer fireworks may be used, discharged or ignited within
50 feet of any structure.
(3)
No consumer fireworks may be used, discharged or ignited on
any high fire danger as noted by the Maine Forest Service.
(4)
Allowed hours for use, discharge or ignition of consumer fireworks
are as follows:
a.
Summer hours: begins with first full day of Eastern daylight
time (EDT). Fireworks in Old Town, outside the restricted firearms
zone, shall be allowed only between the hours of 12:00 noon and 9:00
p.m. (See July 4 holiday times for exception.)
b.
Winter hours: begins with first full day after Eastern daylight
time (EDT) ends and time reverts back to Eastern standard time (EST).
Fireworks in Old Town, outside of the restricted firearms zone, shall
be allowed only between the hours of 12:00 noon and 8:00 p.m. (See
December 31 and January 1 holiday times for exception.)
(c)
Fireworks displays. No person may mount or present a display of fireworks,
as the term "display" is defined in 8 M.R.S.A. § 221-A,
without first obtaining the permit required by 8 M.R.S.A. § 227-A
and in accordance with such permit. No person other than a fireworks
technician, as defined in 8 M.R.S.A. § 221-A, or a person
under direct control and supervision of a fireworks technician, may
mount, discharge or ignite the fireworks at such a display.
