City of Augusta, ME
Kennebec County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Augusta 11-17-2011 by Ord. No. 11-164 (Ch. 16, Art. IV, of the 1990 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
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 U.S.C. 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" 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.
FIREWORKS
As defined under Maine state law, 8 M.R.S.A. § 221-A(4), as may be amended from time to time.
No person shall use, sell, or offer for sale fireworks or consumer fireworks in the City of Augusta; provided, however, that this chapter does not apply to a person issued a fireworks display permit by the City and/or State of Maine pursuant to 8 M.R.S.A. § 227-A, as may be amended from time to time.
A. 
Any person who uses fireworks or consumer fireworks in the City of Augusta 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.
B. 
Any person who sells or offers for sale fireworks or consumer fireworks in the City of Augusta 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.
The City of Augusta may seize fireworks or consumer fireworks that the City has probable cause to believe are used, sold or offered for sale 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.