Hearing set for McFalls fireworks ban

MECHANIC FALLS — In response to a "countless number of fireworks complaints," the town has drafted an ordinance that regulates the use of fireworks to ensure the safety of  residents. 

The town will hold a public hearing on fireworks Monday, August 6, at 6:30 p.m. in the town office. 

Last summer, before fireworks became legal in Maine, the town decided – like most – that it would take the "wait and see" approach before creating a fireworks ordinance. 

But now that fireworks are legal, towns like Mechanic Falls are becoming more serious about how they will regulate fireworks use and more importantly, how they will protect residents. 

Town Manager John Hawley said that the hearing will allow residents to voice any concerns they have about fireworks. He anticipates a majority of the residents in attendance will support the ordinance. 

"We have gone ahead and drafted regulation using what other communities have used," said Hawley. 

The town's proposed "Consumer Fireworks Ordinance" restricts the use of fireworks in town or from any watercraft to July Fourth from 9 a.m. to 12:30 a.m. the following day, as well as on December 31 from 9 a.m. to 12:30 a.m. 

The ordinance also restricts fireworks use on New Years Day, January 1, beginning at 9 a.m. and ending at 9 p.m. 

Hawley said that the proposed ordinance is different than the state law in that it only allows fireworks use a few days out of the year – "I don't believe the [Town] Council's intent is to ban them completely," he said. 

Certain kinds of fireworks, including missile-type rockets like helicopters, aerial spinners, sky rockets and bottle rockets, as defined by the State Fire Marshal, are simply not allowed.  

The ordinance clearly states that "'sky rockets and bottle rockets' means cylindrical tubes containing no more than 20 grams of chemical composition ... 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." 

According to state law, the above mentioned fireworks are illegal to sell, use or possess in Maine. 

In addition to the times they can be used, Mechanic Falls is also proposing to prohibit the use, discharge or ignition of fireworks on all public property, including public parks, public rights of way and school department property. 

The proposed ordinance does not allow fireworks use on any day specified by the Fire Chief as a high fire danger day and fireworks "shall not be permitted in close proximity to any building by maintaining a minimum distance of 100 feet from any said building." 

"People in our downtown continue to use them on a regular basis," Hawley explained. 

"The downtown is densely populated and the homes are closer together," he said. "People are really nerved up about it." 

Residents must also obtain permission from the property owner before lighting off fireworks from a property not their own. Any debris left over from the use of fireworks shall be cleaned up and is the responsibility of the person igniting the fireworks. 

Any person who violates the provisions of the ordinance will have committed a civil violation punishable with a fine of no less than $100 and no more than $500 plus attorney's fees and costs to be recovered by the town. 

If approved, the ordinance will be enforced by the Mechanic Falls Police Department.