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Thursday, September 15, 2011

Councils torn over fireworks laws


South Portland to consider outright ban, Scarborough may amend fire code


REGION — With a Portland ordinance that bans the sale and use of fireworks as a model, South Portland’s City Council met in a workshop session Monday and agreed to fast-track similar restrictions.

Scarborough, on the other hand, is taking more of a wait-and-see-attitude. Although the Portland ordinance was unsheathed at an ordinance committee meeting Monday, the Scarborough Town Council debated the issue Sept. 7 and seemed inclined to let a new state law permitting use to go unrestricted by local ordinances or permits.

On July 1, Gov. Paul LePage signed into law a bill that legalizes the sale and use of so-called “consumer fireworks” – any number of small combustible devices not including “missile” products, such as bottle rockets, skyrockets and aerial spinners.

The law, which goes into effect Jan. 1, contains some restrictions on the sale of fireworks, such as a provision on how retailers store them, but allows use any day of the year, on private property, from 9 a.m. to 10 p.m. On July 4 and Dec. 31, use is permitted until 12:30 the following morning.

However, the law does have an “out,” which says any municipality may enact local restrictions, up to and including an outright ban.

South Portland

At Monday’s meeting, South Portland Councilor Tom Coward predicted most, if not all, of Maine’s coastal communities would enact bans, effectively locking in the status quo.

“There is going to be a north-south split on this like you have never seen,” he said.

The race to chase Portland in banning fireworks appears driven less by a need to beat the Jan. 1 date of enactment than an effort to beat down the flames of retailer interest.

Scarborough Town Manager Tom Hall said he has received four inquiries already from people hoping to open a retail fireworks store, while South Portland City Manager James Gailey said he, too, has fielded “several” calls from commercial real estate agents interested in opening fireworks stores in the area of the Maine Mall.

Gailey said the calls he’s getting may be from the same people who’ve spoken to Hall and other area managers

“They’re probably kicking the tires of a lot of communities,” he said.

Gailey asked “for the thoughts of the council,” and got an earful.

“Who’s going to shoot these off?” asked Councilor Maxine Beecher, rhetorically. “I’ll tell you what, it’s kids.

“Truthfully, lots of kids have lost eyes and other parts due to this very issue,” said Beecher.

All seven councilors were firmly against allowing the use of fireworks in South Portland, based primarily on the congested nature of city housing, while five also took solid stands against allowing them to be sold.

“These are not benign things,” said Coward, who staked out the most liberal position, saying he could go along with allowing the sale of fireworks, based on the same principal that someone can buy a rifle in South Portland but not fire it off within city limits. However, Councilor Tom Blake said “it would be hypocritical” to restrict use without a similar chokehold on retail sales.

Blake’s larger concern, however, was that municipalities must deal with the issue at all.

“I think we would be better off putting our energies into working with our representatives to get this overturned,” he said. “We continually see issues come before this body to take on responsibilities the state is skirting.”

Blake then went on to predict a chaotic, patchwork pattern of fireworks being legal in some towns, and not others, creating added work for local police departments.

“If they are selling it in some landlocked community, they are going to be coming over to our beaches to let them off, because that’s the cooler place,” predicted De Angelis.

“There are so many calls already,” said Police Chief Edward Googins, “and oftentimes we get there a day late and a dollar short, after all the fireworks have already gone off.”
  
Googins then added his voice to the chorus created by the council.

“It’s a safety issue and a quality-of-life issue,” he said. “I will be devastated as a police chief to have to tell elderly people in this community that that is now legal and we cannot do anything about it.”

De Angelis said that, with all of the council apparently on board, the fireworks ban likely will get a first reading at the Sept. 19 council meeting. The only change requested by councilors was to increase fines for repeated violations, to $800 for a third offense, from a starting point of $400, which the city’s attorney, Sally Daggett, said she already had hiked from the Portland model.

Scarborough

In Scarborough, Police Chief Robert Moulton said of fireworks, “It already is an enforcement issue.” At Monday’s ordinance committee meeting, Moulton said his officers responded to 60 complaints on the issue in the fiscal year ending June 30.

That prompted Councilor Karen D’Andrea to bring out copies of Portland’s proposed ordinance.

“We know that kids are playing with these things,” she said. “The best way to protect everybody is to not use them at all. We don’t have to accept the state’s rules. We can ban these.”

D’Andrea’s action appeared to be a response to the Sept. 7 council meeting, at which Hall had said that, after consultation with his department heads, he had elected not to propose any action. The only immediate reaction to the legalization, said Hall, is a request from Fire Chief Mike Thurlow to require a sprinkler system in any building that houses fireworks, regardless of size.

Most of the council appeared to agree with that minimalist course.

"I'm of the mindset to say, let's wait and see what happens in a year before we make any earth-shattering, strict ordinances," said Councilor Richard Sullivan.

Still, D’Andrea stumped for an immediate ban, preferring to let other communities test how the public would react to its newfound firework freedoms.

“Let’s let other towns that decide to have fireworks have them and see what happens there,” she said. “In the meantime, we can sit back and observe, and maybe we will find that we’ve done the right thing, and there are too many accidents and fires. Why should we let our citizens be the guinea pigs?”

“I suspect fireworks will be allowed to be used and sold in neighboring communities,” said Hall. “So, regardless of what we do, it’s naive to think that it’s going to stop at our borders. The same kinds of issue that Chief Moulton and his crew have dealt with in the past will continue to be there.”

“Well, just because people don’t follow the law doesn’t mean that we shouldn’t have laws that protect the public,” said D’Andrea.

In addition to concern about fire and injuries, some in Scarborough also worry about the noise, a side issue alluded to in South Portland by Googins.

Scarborough Councilor Carol Rancourt closed on the ordinance committee meeting by noting how far the booms and pops of fireworks can carry.

“If we’re going to allow fireworks 24/7, then I’m going to let my dog bark 24/7,” she joked, which effectively closed the meeting.

Rancourt and others on the committee did request additional data from Thurlow, as well as from Michael Mahoney, a Portland lawyer who does lobbying work for the fireworks industry.

The committee will return to the fireworks issue at its next meeting, scheduled for Sept. 26 at 4:30 p.m.




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