[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:
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:
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 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.
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.
