Scarborough fireworks rule fizzles

SCARBOROUGH — Of the many southern Maine communities to look at consumer fireworks since the Legislature legalized the product this past summer, Scarborough is one of only a few to reject a local-option ban. Still, it has not ruled out imposing some form of regulation and, at its most recent meeting, the Town Council took one step forward and one step back toward that goal.

On Dec. 7, the council approved the first reading of an ordinance update that, among other things, will require sprinklers in any building, regardless of size, that sells or stores consumer fireworks. The new state law, which goes into effect Jan. 1, says consumer fireworks can be stored and sold only a stand-along building dedicated to that purpose alone. So, they won’t be available at the local department store. However, two companies – Ohio-based Phantom Fireworks and TNT Fireworks of Alabama ­– already are looking for places to open up shop in Scarborough, according to town officials.

But while the sprinkler update passed with little comment, councilors were less sanguine about proposed changes to the town’s noise ordinance, which adds fireworks to the items considered to be “loud, boisterous and unnecessary” in Scarborough.

The new state law says consumer fireworks may be shot off on private property any day of the year from 9 a.m. to 10 p.m., except on July 4 and Dec. 31, when use is permitted until 12:30 the following morning. The noise ordinance was updated to institute a 9 p.m. cut-off time in town Sunday through Thursday.

That created some inadvertent friction on the board when Councilor Richard Sullivan appeared to presume the new rule was introduced by the ordinance committee. Although the council agreed on Sept. 7 not to pursue a ban on consumer fireworks, Carol Rancourt and Karen D’Andrea, as a majority of the three-member ordinance committee, brought forth a plan to outlaw the product in Scarborough. That attempt ultimately failed in a 3-2 vote Nov. 16.

“I think this is just another clever way to reject having fireworks,” said Sullivan. “Everyone knows in July 9 p.m. doesn’t leave you much time at all for being dark.”

“There was no evil or negative plan here,” countered Rancourt, before Town Manager Tom Hall was able to step in. Hall admitted that he, not Rancourt, wrote the noise rule, because the ordinance committee had not met since the November elections.

“I take full responsibility,” he said. “I did it knowing full well that there’s a lot more work [to do].”

In a 6-1 vote, the noise rules were remanded back to the ordinance committee for a do-over, with Rancourt the lone opposition. Instead, she joined D’Andrea in calling for a moratorium on allowing fireworks in Scarborough, until updates to the noise ordinance can be completed.

“We need to have less than 365 days a year when people can shoot off fireworks,” she said.

“I really feel like we are really rushed here at the end [of the year] and there’s some fairly weighty questions,” agreed D’Andrea. “Let’s face it, we’re going to be the only town around selling these things. There’s going to be traffic flowing though Scarborough like nobody’s business.”

However, neither D’Andrea or Rancourt ever put their moratorium proposals into the form of a motion, saving the full Council the trouble of voting it down, as appeared likely.

The new sprinkler rules also will come forward for a public hearing and final vote at the Dec. 21 council meeting. Also at that meeting, new council Chairman Ron Ahlquist will announce his appointments to the Ordinance Committee, which can then begin work on how noise rules in town will apply to fireworks. However, as D’Andrea pointed out, there appears little likelihood that the ordinance can get updated before Jan. 1

That seemed to suit Sullivan, who since September has championed a wait-and-see approach to fireworks regulation.

“Before we jump, we need to get it right,” he said.