Background image

Fireworks

Print
Press Enter to show all options, press Tab go to next option

images[1]
 

The use and sale of consumer fireworks within Westbrook requires a permit.

Additional information may be obtained from the Office of the State Fire Marshall at http://www.maine.gov/dps/fmo/index.htm.

City of Westbrook Ordinance...... 

ARTICLE XIX. PERMITS FOR SALES OF CONSUMER FIREWORKS

Sec. 20-175. Definitions.

Consumer fireworks. Those types of fireworks included in the definition set forth in 8 M.R.S.A. Section 221-A.

Sec. 20-176. Permit required

No person shall sell consumer fireworks without a permit issued by the City.

Sec. 20-177. Application procedure.

Applications for permits required by this article shall be obtained from the City Clerk’s Office. Permits shall be issued by the City Clerk’s Office if all of the requirements of Section 20-178 are met.

Sec. 20-178. Requirements.

(a) An applicant for a permit to sell consumer fireworks must be at least 21 years of age.

(b) An applicant for a permit to sell consumer fireworks must also have a federal permit to sell fireworks under 18 U.S.C. Section 843 and a state license issued under 8 M.R.S.A. Section 223-A(3) and must provide evidence of required permits and licenses to the City before issuance of the City permit.

(c) An applicant for a permit to sell consumer fireworks shall show evidence of insurance coverage as required by 8 M.R.S.A. Section 223-A(5). Such insurance must be maintained throughout the term of the permit

(d) A person selling consumer fireworks must provide proof of compliance with all applicable federal and state requirements, including but not limited to the storage and handling requirements set forth in 8 M.R.S.A. Section 223-A(4).

(e) A separate permit shall be required for each location at which the applicant proposes to sell consumer fireworks.

(f) The applicant shall pay a fee for the permit as established in the Master Fee Schedule in Appendix B to this Ordinance. Such fees shall be paid at the time of the application and are non-refundable.

(g) Permits issued under this Article shall not be transferable.

Page 222 – City of Westbrook Code of Ordinances

Sec. 20-179. Suspension, revocation of permit; appeal.

A permit issued under this Article may be suspended or revoked by the city clerk upon any of the following:

(a) The permit holder is adjudged to be in violation of any applicable provision of state or federal law.

(b) The permit holder has had either its state license or federal permit suspended or revoked or has failed to renew either such license.

A permit holder may appeal a suspension or revocation to the municipal officers, but no permit shall be reinstated if the permit holder no longer holds a valid state license or federal permit or during any period during which such a license is under suspension.

Sec. 20-180. Enforcement.

Nothing in this Article shall serve as a limitation upon the enforcement authority granted to City law enforcement officials and the Code Enforcement Officer under 8 M.R.S. A. Section 223-A(9). The City may seize consumer fireworks that the City has probable cause to believe are sold in violation of this Ordinance and shall forfeit seized consumer fireworks to the State for disposal. (Ord. of 7-22-13)

Sec. 20-181 – 20-185. Reserved

(Ord. of 12-5-2011)

ARTICLE XX. USE OF CONSUMER FIREWORKS

Sec. 20-186. Definitions.

Consumer fireworks. Those types of fireworks included in the definition set forth in 8 M.R.S.A. Section 221-A.

Sec. 20-187. Permit required.

No person shall display, fire or cause to be exploded any type of consumer fireworks within the City of Westbrook without a permit issued by the Public Safety Department. This requirement shall not apply to any person with a fireworks display permit issued by the State of Maine under the provisions of 8 M.R.S.A. Section 227-A. Permits issued under this section are not transferable. The fee for such permits shall be as established in the Master Fee Schedule in Appendix B of this Code. No permit shall be issued on any day with a Fire Danger Class of 3, 4, or 5.

Page 223 – City of Westbrook Code of Ordinances

Sec. 20-188. Restrictions on use of consumer fireworks.

(a) A person may not use consumer fireworks in the City, except that the use of consumer fireworks shall be permitted on the following days and during the following times:

(1) July 4, beginning at 9:00 a.m. and ending at 12:30 a.m. on July 5.

(2) July 5, beginning at 9:00 a.m. and ending at 12:30 a.m. on July 6, if July 5 falls on a weekend; if July 5 falls on a weekday, beginning at 9:00 a.m. and ending at 10:00 p.m.

(3) December 31, beginning at 9:00 a.m. and ending at 12:30 a.m. on January 1.

(b) 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. No person shall use consumer fireworks in any public street or park.

(c) No person shall display, fire or cause to be exploded any type of consumer fireworks within 20 feet of any building.

(d) No person under 21 years of age shall use or possess consumer fireworks.

Sec. 20-189. Enforcement.

Any person who uses consumer fireworks within the City in violation of this Article shall be subject to a civil enforcement action and a fine as established by the Master Fine Schedule in Appendix C of this Code. The City may seize consumer fireworks that the City has probable cause to believe are used in violation of this Ordinance and shall forfeit seized consumer fireworks to the State for disposal.