WESTBROOK – When Maine permitted the sale of consumer fireworks last year, it also issued regulations on their use, but many municipalities, including Westbrook, have deemed the state regulations too loose to govern use within city limits.
On Monday, Westbrook city councilors pieced a variety of amendments together into a proposal that would allow residents to use fireworks three days during the year – as long as the residents have a permit, operate during the agreed-upon hours and adhere to a strict setback from any buildings.
The restrictions would not be effective until later this summer or early in the fall. The city’s fireworks rules remain under state statute for now.
The state law is less restrictive than the one that may be adopted in Westbrook. It says fireworks cannot be fired after 10 p.m. except on July 4, New Year’s Eve and the weekends immediately before and after those holidays, when the fireworks displays can continue until 12:30 a.m. The state law does not require setbacks or fire permits.
Nine motions were offered to the council for a proposed ordinance, which was recommended by the Committee of the Whole, but only three of those passed. The newly written ordinance stipulates that fireworks can be used on July 4 and 5 from 9:30 p.m. until 12:30 a.m. the next day and on Dec. 31 from 9:30 p.m. until 12:30 a.m. on Jan. 1. Other stipulations include the need for a permit from the fire department, which will not hand them out on days with high fire danger; written approval from property owners to allow the use of fireworks on their property; a 20-foot setback from all buildings; and an allowance for police to seize the fireworks if they catch someone not in compliance with the new ordinance.
Other motions included mandating the fireworks must land on the property where they were lit or making sure the debris was removed if it went off the property; expanding the building setback to 50 feet; allowing fireworks on every Friday and Saturday evening from July 1 until Labor Day; allowing fireworks on July 3, 4 and 5; and striking the building setback from the ordinance all together.
Councilors Mike Foley, who voted against the proposed ordinance, and John O’Hara raised concerns that the patchwork favored those against fireworks.
“I’m concerned our ordinance is extremely restrictive,” Foley said.
O’Hara concurred, saying that the setback requirement eliminated many Westbrook residents, especially those living in apartments, from firing off fireworks, and that was a restriction on rights.
“Is that really what we want for this community? The chosen and not chosen? I’m a fireworks guy. I’m not saying I launch them every day, but I want the right to,” said O’Hara. “I want the right to do it; after all, I’m contributing to the charge of this community the same way as everybody else in this room. We can have them certain days of the year and I can agree with that, but I also want everyone else to have the right.”
Helen Black, a Westbrook resident, told the council she wished there was an area in Westbrook for people who lived in apartments and other densely populated areas to go set off fireworks without worrying about the debris ending up in a neighbor’s yard.
Mayor Colleen Hilton said she’s aware that the debris from fireworks is a problem, showing up on neighbors’ roofs, yards and even on their cars, but it was difficult to take action unless a neighbor would make a sworn statement saying they had seen that person setting off the fireworks.
“We can’t trace them back to a certain lawn, that’s been challenging to enforce, I’ve gotten more emails about fireworks than any other issue since I’ve been mayor,” Hilton said.
Other residents spoke in favor of the regulatory ordinance.
“I was cooking dinner a few nights ago and fireworks went off right outside the kitchen and it was not unlike a bomb detonating. I’ve heard lots about rights of individuals to use fireworks, and less attention is being paid to the rights of everyone else, the parents of young children, veterans, refugees, pets who cower in the corner and anyone else who values uninterrupted evenings,” said Andrea Stamey.
The ordinance will be taken up again during the next City Council meeting to be held later this month.
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