BRUNSWICK

The Brunswick Town Council on Monday scheduled a Dec. 5 public hearing to discuss a proposed ban on the sale and use of consumer fireworks in town.

Councilors also heard comments and clarification on the legal aspects of the ordinance at Monday’s meeting. The ban comes in response to a statewide legislative amendment that makes consumer fireworks legal throughout the state, starting Jan. 1, 2012.

Town attorney Pat Scully of Bernstein Shur said it is not clear from that law whether towns have the ability to make fireworks ordinances as strict as Brunswick’s proposal. As drafted, the ordinance would prohibit the use, sale and possession with the intent to use or sell consumer fireworks, which Scully said is “as strict as state law would allow.”

However, Scully said, “There is a little uncertainty … whether the authority granted to towns carries an implicit ability to prohibit possession with the intent to use or sell ( consumer fireworks).”

Scully went on to express his “ mixed feelings about using that kind of language,” and that towns could be challenged for conditionally prohibiting possession.

Brunswick Police Chief Richard Rizzo said that portion of the ordinance would make enforcement easier.

Scully said that not including the intent portion of the ordinance would pose challenges for enforcement in cases in which an officer does not directly observe the sale or use of consumer fireworks, but when circumstances indicate a suspect’s intent to do so.

“We’re probably not going to use it a lot,” Rizzo said. “It’s just a safety issue.”

Penalties

At the Dec. 5 public hearing, councilors also will consider the amounts of fines for violating the ordinance, if it’s enacted.

As drafted, the penalties include:

— The first sale offense would trigger a fine of between $300 to $500, plus attorney’s fees; the second and subsequent offenses would cost a fine of between $600 and $1,000, plus attorney’s fees.

— The first use offense would result in a fine from $200 to $400, plus attorney’s fees; the second and subsequent offenses would spur a fine of between $300 and $600, plus attorney’s fees.

The ordinance also provides an enhanced penalty for “willful violation” of the ordinance. If a person found violating the ordinance was previously told by an officer, employee or agent of the town of Brunswick that fireworks are banned, a fine of $10,000 would be issued.

Councilor Ben Tucker, who sponsored the ordinance, said the severity of proposed penalties aims to send a strong message to more serious violators, such as those who may try to sell fireworks in town.

District 1 resident Rob Peabody and District 4 Councilor John Perreault said they would like to see fireworks sales permitted in town.

“You can ban the use of them, but why not make a little money out of it?” Peabody said Monday.

Perreault said he would not have a problem with a business in town selling fireworks and that he also would not mind making fireworks use legal in some areas of town.

“I understand the problem with (fireworks) going off in town with other houses so close,” Perreault said, “but that’s partly why you move out to the country is to do things you can’t do in town — legally.”