[HISTORY: Adopted by the Town Council of the Town of Windham 10-25-2016 by Order 16-168 (Ch. 96 of the 1991 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings:
CONSUMER FIREWORKS
Has the same meaning as the term set forth in 27 CFR 555.11, as may be amended from time to time, 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:
A. 
Missile-type rockets, as defined by the State Fire Marshal by rule;
B. 
Helicopters and aerial spinners, as defined by the State Fire Marshal by rule; and
C. 
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.
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.
FIREWORKS
As defined under Maine State law, 8 M.R.S.A. § 221-A, Subsection 4, as may be amended from time to time.
A. 
No person shall use, display, discharge, fire, or cause to be exploded consumer fireworks within the Town of Windham without a permit, except that this chapter shall not apply to a person issued a fireworks display permit by the Town and/or State of Maine pursuant to 8 M.R.S.A. § 227-A, as may be amended from time to time. The Town of Windham shall be exempt from the provisions of this chapter.
B. 
Permits shall be issued by the Windham Fire-Rescue Department in the same manner as burning permits pursuant to Chapter 70, Fire Prevention and Life Safety, of the Code of the Town of Windham.
C. 
No permit shall be issued on any day with a Fire Danger Class of 3, 4, or 5.
D. 
A person may use consumer fireworks only on that person's property or on the property of a person who has consented, in writing, to the use of consumer fireworks on that property.
A. 
No person shall use, display, discharge, fire, or cause to be exploded consumer fireworks within the Town of Windham or in or from any watercraft within the waters of the Town except on the following days and during the following times:
(1) 
July 3, from 12:00 noon to 10:00 p.m.
(2) 
July 4, from 12:00 noon to 11:00 p.m.
(3) 
December 31, from 12:00 noon to 12:30 a.m. the following day.
(4) 
January 1, from 12:00 noon to 10:00 p.m.
B. 
No person shall use, display, discharge, fire, or cause to be exploded consumer fireworks within 150 feet of any buildings or structures.
A. 
Any person who uses consumer fireworks in the Town of Windham 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. Each incident shall constitute a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
This chapter shall be enforced by the Windham Police Department.
C. 
In addition to any other remedies available at law or equity the Town of Windham, acting through its Town Manager, may apply to any court of competent jurisdiction to enjoin any planned, anticipated, or threatened violation of this chapter.
The Town of Windham may seize fireworks or consumer fireworks that the Town has probable cause to believe are used in violation of this chapter or in violation of state law and shall forfeit the seized consumer fireworks to the State of Maine for disposal.