[Adopted 12-20-2011]
(a)
City of Belfast finds that the Maine State Legislature approved legislation
to make the sale and/or use of consumer fireworks legally permissible,
and that said amendments to Maine Revised Statutes Annotated, Title
8, Amusements and Sports, Chapter 9-A, Fireworks, take effect on January
1, 2012. Said legislation allows a municipality to adopt an ordinance
to prohibit or restrict the sale and/or use of consumer fireworks.
(b)
The City of Belfast finds that the sale and use of the consumer fireworks
identified in the state law could pose a threat to the public health,
safety and/or welfare. The City of Belfast further finds that it is
in the best interests of the City and public to prohibit the sale
and use of consumer fireworks in the City by adopting local ordinance
provisions, as is allowed by the relevant state law.
The following definitions shall apply in this section:
Shall have the same meaning as set forth in Title 27 Code
of Federal Regulations, Section 555.11 or subsequent provision. Consumer
fireworks shall include only those products that have been tested
and certified by a third-party testing laboratory as conforming to
United States Consumer Product Safety Commission standards, established
pursuant to Title 15 United States Code, Chapter 47. "Consumer fireworks"
shall 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" 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.
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.
No person or legal entity shall use or sell consumer fireworks
in the City of Belfast. This section, however, does not apply to a
person or legal entity issued a fireworks display permit by the City
and/or the State of Maine pursuant to 8 M.R.S.A. § 227-A,
as amended.
Any prosecution under this article shall be initiated and conducted
by the City of Belfast Police Department.
(a)
Any person who uses consumer fireworks within the City of Belfast
shall be punished by a fine of not less than $200 and not more than
$400 plus court costs. For second and subsequent offenses, a fine
of not less than $300 and not more than $600 per violation plus court
costs shall be imposed.
(b)
Any person who sells consumer fireworks within the City of Belfast
shall be punished by a fine of not less than $500 plus court costs.
For second and subsequent offenses, a fine of not less than $1,000
per violation plus court costs shall be imposed.
(c)
The City of Belfast may seek equitable and injunctive relief, including
but not limited to temporary or permanent injunctive orders, so as
enforce the provisions of this article.
(d)
Any person or legal entity found in violation of this article by
a court of competent jurisdiction shall pay the City of Belfast's
legal fees incurred in any prosecution under this article.
The City of Belfast may seize consumer fireworks that the City
has probable cause to believe are sold or used in violation of this
section and shall forfeit seized consumer fireworks to the State Fire
Marshal's office, or such other authorized state department for disposal.
