This chapter regulates the use of consumer fireworks to ensure the safety of the residents and property owners of the Town of Gorham and of the general public.
[HISTORY: Adopted by the Town Council of the Town of Gorham 8-7-2012, eff. 9-6-2012. Amendments noted where applicable.]
This chapter shall be known as the "Town of Gorham 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:
"Consumer fireworks" 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 which are illegal to sell, use, or possess in Gorham or the State of 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
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.
Fireworks that only trained and licensed pyro-technicians may handle and are regulated by the State of Maine and federal law.
A.
No person shall use, display, fire, or cause to be exploded, consumer fireworks within the Town of Gorham without a permit. This section shall not apply to a person in possession of a fireworks display permit by the State of Maine pursuant to 8 M.R.S.A. § 227-A.
B.
No permit shall be issued on any day with a Fire Danger Class of 3, 4, or 5.
C.
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, fire, or cause to be exploded, consumer fireworks within 150 feet of any buildings or structures.
B.
A person shall not use, display, fire, or cause to be exploded consumer fireworks within the Town of Gorham or in or from any watercraft within waters of the Town except on the following days and during the following times:
(1)
July 3, beginning at 12:00 p.m. (noon) and ending at 10:00 p.m.;
(2)
July 4, beginning at 12:00 p.m. (noon) and ending at 11:00 p.m.;
(3)
December 31, beginning at 12:00 p.m. (noon) and ending at 12:30 a.m. the following day; and
(4)
January 1, beginning at 12:00 p.m. (noon) and ending at 10:00 p.m.
(5)
Every Saturday beginning at 12:00 p.m. (noon) and ending at 10:00 p.m.
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 $200 and not more than $500 plus attorney's fees and costs to be recovered by the Town of Gorham for its use. Each incident shall constitute a separate violation.
B.
Enforcement. This chapter shall be enforced by the Town of Gorham Police Department.
C.
Injunction. In addition to any other remedies available at law or equity, the Town of Gorham, 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.