[HISTORY: Adopted by the Town Council of the Town of Mechanic
Falls 9-4-2012. Amendments noted
where applicable.]
This chapter regulates the use of consumer fireworks to ensure
the safety of the residents and property owners of the Town of Mechanic
Falls and of the general public.
This chapter shall be known as the "Town of Mechanic Falls Consumer
Fireworks Ordinance." It is adopted pursuant to the enabling provisions
of the Maine Constitution, the provisions of 30-A M.R.S.A. § 3001,
and the provisions 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 definition,
"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.
The Town of Mechanic Falls shall permit the use of consumer
fireworks with the following conditions:
A.
A person shall not use, display, fire, or cause to be exploded consumer
fireworks within the Town of Mechanic Falls or in or from any watercraft
within waters of the Town except on the following days and during
the following times:
(1)
Friday and Saturday nights beginning at sunset and ending at 10:00
p.m.
(2)
July 4, beginning at 9:00 a.m. and ending at 12:30 a.m. the following
day.
(3)
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 weekend.
(4)
December 31, beginning at 9:00 a.m. and ending at 12:30 a.m. the
following day.
(5)
January 1, beginning at 9:00 a.m. and ending at 9:00 p.m.
B.
The use, discharge or ignition of fireworks is prohibited on all
public property, including public parks, public rights-of-way, and
School Department property.
C.
The use, discharge or ignition of fireworks is prohibited on any
day specified by the Fire Chief as presenting a high fire danger as
identified by posting such designation on the Town's website.
D.
The use, discharge or ignition of fireworks shall not be permitted
in close proximity to any buildings by maintaining a minimum distance
of 150 feet from any combustible structure.
E.
The use of fireworks must be approved by the owner of the property
where they are to be used.
F.
Cleanup of debris left from the use, discharge or ignition of fireworks
shall be the responsibility of the person(s) who used, discharged
or ignited said fireworks.
A.
Penalty for violation. Any person who violates the provisions of
this chapter shall commit a civil violation punishable by a penalty
of not less than $100 and not more than $500, plus attorneys' fees
and costs, to be recovered by the Town of Mechanic Falls for its use.
Each day such violation occurs or continues to occur shall constitute
a separate violation.
B.
Enforcement. This chapter shall be enforced by the Town of Mechanic
Falls Police Department.
C.
Injunction. In addition to any other remedies available at law or
equity, the Town of Mechanic Falls, acting through its Town Manager,
may apply to any court of competent jurisdiction to enjoin any planned,
anticipated or threatened violation of this chapter.
D.
Seizure and disposal of consumer fireworks. The Town may seize consumer
fireworks that the Town has probable cause to believe are used or
sold in violation of this chapter and shall forfeit seized consumer
fireworks to the state for disposal.
A.
This chapter does not apply to a person or group of persons issued
a fireworks display permit by the Town of Mechanic Falls pursuant
to the Town of Mechanic Falls Fireworks Display Ordinance and/or the
State of Maine in accordance with 8 M.R.S.A. §§ 227-A
to 237.
B.
The regulation of the display of fireworks shall otherwise be as
provided for in the Town of Mechanic Falls Fireworks Display Ordinance
and any other applicable state or federal law or regulation.
In the event that any section, subsection or portion of this
chapter shall be declared by any court of competent jurisdiction to
be invalid for any reason, such decision shall not be deemed to affect
the validity of any other section, subsection or portion of this chapter.
