[Added 4-3-2012 by Ord. No. 2012.26]
(a)
CONSUMER FIREWORKS
(1)
(2)
(3)
DISPLAY
Definitions. The following definitions shall apply in this section:
Shall have 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 to 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 section,
"sky rockets and bottle rockets" mean 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.
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.
(b)
Prohibition. No person shall use, possess with the intent to use,
sell, possess with the intent to sell or offer for sale consumer fireworks
in the City of Biddeford. [NOTE: State law prohibits the sale and
possession of all fireworks, with the exception of consumer fireworks.
See 8 M.R.S.A. § 223. By prohibiting the sale and use of
consumer fireworks, the City is effectively prohibiting the use of
all fireworks in the City of Biddeford.]
(c)
Exception. This section does not apply to a person issued a fireworks
display permit by the City of Biddeford and/or the State of Maine
pursuant to 8 M.R.S.A. § 227-A.
(d)
Penalties.
(1)
Any person who uses consumer fireworks or possesses consumer fireworks
with the intent to use in the City of Biddeford 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.
(2)
Any person who sells consumer fireworks or possesses consumer fireworks
with the intent to sell in the City of Biddeford 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.
(e)
Seizure and disposal of fireworks. The City may seize consumer fireworks
that the City has probable cause to believe are used, possessed or
sold in violation of this section and shall forfeit seized consumer
fireworks to the state for disposal.
