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Thursday, November 10, 2011

Extinguished: Following the lead of other communities, Scarborough now favors a fireworks ban


SCARBOROUGH — A common complaint about consumer fireworks, set to be decriminalized Jan. 1, is that they could go off in any direction.

The same might be said of Scarborough’s reaction to the new law.

After a Sept. 7 consensus vote against passing local restrictions, the Town Council last week reversed course, voting 5-2 at its most recent meeting to call for a public hearing on an ordinance banning the sale and use of consumer fireworks within town limits. However, that hearing is slated for Nov. 16 and the final vote, to be held the same night, could tip the town back to a laissez faire approach, depending on the result of Tuesday’s municipal elections, which occurred after The Current’s deadline. [For election coverage, go online to www.keepmecurrent.com.]

Of the five councilors who voted in favor of the fireworks ban at its first reading, two –Ron Ahlquist (up for re-election) and Judith Roy – said they did so primarily to give the public a chance to “have its say.” Of the three who expressed strong support for the ban, one – Michael Wood – was serving at his last meeting.

It’s also worth noting that Scarborough is one of the few communities where the fire chief is not beating the drum to enact a ban, at least not publicly. Chief Michael Thurlow says that while he is “personally opposed” to the legalization of consumer fireworks, he could not find a compelling reason to oppose them on a professional basis.

“Scarborough is trying to be a proactive business community and our official public position is that the state law took care of most of our concerns – such as, they [fireworks] can’t be set up on the beaches, they can’t be shot off by kids – so, we did not oppose it as public safety officials,” he said, following last week’s council meeting.

“We firmly believe that this is the policy board of the town,” said Thurlow, gesturing toward the council table. “It’s not my opinion that matters.”

Other chiefs, however, have been lining up to oppose the new law ever since Gov. Paul LePage laid his signature to it July 1. Since then, cities and towns across southern Maine have fairly raced to exercise an out written into the enabling legislation, which says municipalities may enact local restrictions, up to and including an outright ban on sale and use, if not possession, of fireworks.

REGIONAL REACTION

Portland was the first to do so on Sept. 19. South Portland followed suit Oct. 17. The Cape Elizabeth Town Council will conduct a final vote Nov. 14. In each case, the local fire chief, often with a chief of police at his side, has spoken in favor of outlawing the sale and use of any firework more powerful than the traditional “sparkler.”

Although cities and towns cannot outlaw simple possession, some have inched right up to the line, making it a crime to have the soon-to-be legal product “with the intent” to either sell it or set it off.

“Essentially, if we come across people who have them in their pocket, or on their person, and we’re investigating a complaint of fireworks being used in that area, that’s usually where were at,” explained South Portland Police Chief Ed Googins, in advance of the city vote.

In other words, he said, in South Portland, possession is grounds for prosecution, under the right circumstances.

The drive to outlaw fireworks in South Portland went up as straight and true as any skyrocket. The same could be said of Cape Elizabeth, where Councilor James Walsh admitted the ordinance committee didn’t wait for a Mother-May-I to take the first step.

“We took it upon ourselves without direction from the Town Council because we felt this needed to be addressed,” he said at first reading of the banning ordinance Oct. 12. 

SCARBOROUGH DEBATES

But in Scarborough, the initial reaction tended toward a minimalist approach. With input from Thurlow and Police Chief Robert Moulton, Hall advised against a local ban when broaching the issue with councilors for the first time. The strongest measure he suggested was the addition of a sprinkler-system requirement to local zoning rules, for any building, of any size, set up to sell fireworks.

That changed less than a week later at an ordinance committee meeting, when Chairwoman Carol Rancourt questioned the wisdom of letting state law stand. Her primary concern seemed to be that, while fireworks use would be limited to private property, they could be shot off any day of the year from 9 a.m. to 10 p.m. On July 4 and Dec. 31, the days one might ordinarily expect to hear the bang and pop of celebratory explosions, use is permitted until 12:30 the following morning.

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

Meanwhile, Councilor Karen D’Andrea came to the meeting prepared, with multiple copies of the ordinance Portland had adopted. That resulted in a 180-degree shift in policy and sent a ban to the council over the objection of the third committee member, Jessica Holbrook.

Like Portland’s ordinance, the draft to be discussed in Scarborough Nov. 16 defines “consumer fireworks” by referring to Title 49 of the Code of Federal Regulations. Under wording set out by the U.S. Department of Transportation, it means, "explosives that present a minor explosion hazard [in which] the explosive effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected.”

Under Maine law, consumer fireworks may not include any “missile” products, such as bottle rockets, skyrockets and aerial spinners.

Dan Peart, director of showroom operations for Ohio-based Phantom Fireworks, which already has looked into opening up shop in Scarborough, said local officials “grossly misunderstand” the product.

“A consumer firework does not explode,” he said in a recent interview. “Chemically, it burns. You could take several consumer fireworks, put them in a Dixie cup, and at worst you’d flip the cup.”

Calling Maine’s new law “the Cadillac of fireworks legislation,” Peart pointed out that it does not legalize the aerial fireworks most people are familiar with from Independence Day celebrations, nor the infamous M-80 noisemaker.

So-called “cherry bombs” remain illegal, and should stay so, Peart said, comparing the 3 grams of explosive power in an M-80 to the 50 milliliters in a typical consumer firework by calling it the difference “between two shakes of salt, and the entire shaker.”

The distinction appeared lost on many Scarborough councilors, however, who cited the dangers posed by fireworks of any kind.

“I think it’s pretty common to know that fireworks are dangerous,” said D’Andrea. “Of all fireworks accidents and injuries, 40 percent are kids, who lose a hand, a finger, get an eye shot out. Certainly, we don’t want to add to those statistics in Scarborough.

“The U.S. Fire Administration says the safest way to enjoy fireworks is to let the professionals do it,” she added, saying that the shore side of Interstate 95 is too populated, and the inland side often too dry to expect legalization of fireworks to pass free of incident.

“I grew up in a world were we had fireworks,” countered Ahlquist. “We set them off and I don’t’ remember anyone getting hurt. I don’t remember anybody burning anybody’s house down.”

“It was a little while ago when you were a kid,” quipped Roy. “There were a lot less people in town then, and a lot less developments.”

D’Andrea, noting that Portland and South Portland have already banned consumer fireworks and Cape Elizabeth is posed to do so, while Old Orchard Beach, Gorham and Westbrook are all considering bans, or, in the latter case, restrictions.

“Frankly, for us to not ban would make us poor neighbors in many ways,” she said. “People would come here to buy fireworks and then go back to their town. Scarborough could be perceived as a real problem in all of this.”

“As far as other towns around us dictating what were going to do, I get a little defensive about that,” said Ahlquist. “I don’t think people will be mobbing into Scarborough.”
Councilor Richard Sullivan, a Portland firefighter, said he would not support an outright ban.
“Let’s see what happens,” he said. “To jump on the bandwagon right now, I don’t think that’s necessary.”




A CLOSER LOOK
The following cities and towns are among those that have enacted or are considering bans on consumer fireworks, which become legal to purchase, possess and use in Maine on Jan. 1. The decriminalization bill, signed into law by Gov. LePage in July, allows municipalities to pass local restrictions.

Ban on sale/use adopted: Portland (Sept. 19, City Council 9-0), South Portland (Oct. 17, City Council 7-0), North Yarmouth (Oct. 18, Town Meeting 21-8), Bangor (Oct. 24, City Council), and Lewiston (Nov. 1, City Council 5-2)

Vote on ban scheduled: Cape Elizabeth (Nov. 14, public hearing/council vote), Scarborough (Nov. 16, 
public hearing/council vote), Wiscasset (Dec. 13, referendum vote)

Ban rejected, restrictions enacted: Westbrook (Nov. 7)        

Ban ordinance tabled: (Augusta, Nov. 3)

Others considering bans: Bath, Belfast, Brunswick (Nov. 7 first reading), Falmouth, Farmingdale, Gorham (in committee), Old Orchard Beach, Orono, Paris, Waterboro, Windham (in committee) 

          

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