BRUNSWICK — The Town Council will revisit a proposed ban on the use or sale of fireworks Monday night. As part of that discussion, councilors will consider an amendment that would allow consumer fireworks to be used, with a town permit, in certain sections of town.

District 5 Councilor Gerald Favreau, who proposed the permit amendment to the ban, compared the permitting process to that of acquiring a burn permit.

Fire Chief Ken Brillant wrote a letter to the council to express his concern that fireworks permits could raise different issues than burn permits.

“Usually, the complaints surround smoke being a problem,” Brillant wrote. “ The fireworks complaints would most likely be noise driven.”

In either case, Brillant wrote, complaints would require immediate responses from either the police or fire departments. Brillant wrote that the permitting amendment “will certainly have an effect on the fire department, especially the Fire Prevention Bureau.”

Brillant also expressed concern that the department would be required to inspect every site before permits are issued and keep track of weather on the days a resident plans to discharge fireworks, because of a provision that fireworks permits not be issued if the forest fire danger is greater than Class 3.

The permitting amendment also specifies the conditions of use, including that:

— Spectators must be no closer than 75 feet from the discharge point of consumer fireworks.

— Consumer fireworks should only be used between the hours of 9 a. m. and 10 p.m., except on July 4, Dec. 31, and the Saturday and Sunday immediately prior to those days, when fireworks may be used until 12:30 a.m. the following day.

— Those using consumer fireworks should have an available water supply readily available and a phone that can contact 911 in the event of an emergency.

Changes

The draft ban changes the scope of a previous version that would have made illegal the possession of consumer fireworks with the intent to use or sell them.

Town attorney Pat Scully said at a Nov. 21 meeting that he had “mixed feelings about using that kind of language” in the ban. He advised councilors of his concern that the town could be challenged for prohibiting possession.

“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 said.

The new draft also eliminates a $10,000 fine for “willful violation” of the ordinance, meaning that a person violating the ordinance had been previously informed of the restrictions on fireworks use in town.

The draft ban includes a maximum penalty of up to $500 for the first instance of illegally selling fireworks and a maximum penalty of up to $400 for the first instance of illegally using fireworks.

Monday’s discussion will be the council’s last regularly scheduled meeting before a state law making the use and sale of consumer fireworks legal statewide goes into effect on Jan. 1.

The council will meet at Brunswick Station, 16 Station Ave., at 7 p.m. Monday to discuss the ordinance.

dfishell@timesrecord.com / @darrenfishell