WESTBROOK – Westbrook’s proposed rules on the sale of fireworks could be in for some sweeping changes.

Clearly unhappy with the Planning Board’s recommended restrictions, the City Council’s Committee of the Whole voted 6-0 Monday (Council President Brendan Rielly absent) to send them to the full council.

“I do support bringing (the Planning Board’s recommendations to the council) this evening, just so we can tear it apart,” said Councilor John O’Hara.

The debate over fireworks in Westbrook is a timely one with the approach of the Independence Day holiday, traditionally one of the biggest times of the year for fireworks sales – which can be seen in strong sales at the two fireworks stores in Scarborough that opened earlier this month.

Unlike Scarborough, which allows sales of fireworks but restricts use to just five days per year, there are no restrictions as to when fireworks can be used in Westbrook other than what is outlined in the state statute.

At issue, however, is where they could be sold.

On April 17, the Planning Board voted unanimously to recommend standards to the council that limited the sale of consumer fireworks to the so-called Gateway Commercial District, which encompasses Main Street, from approximately Westbrook City Hall to the Portland border and to the Westbrook Arterial.

The board placed several other restrictions on any proposed fireworks stores, including a 500-foot setback from Main Street, a requirement that a store must be at least 1,000 feet from any other fireworks store, a limit to the hours of operation from 8 a.m.-6 p.m. and a sign limit of just the name of the business, with no graphics allowed.

The Committee of the Whole (comprising the full City Council) referred the issue of the fireworks restrictions to the Planning Board on Feb. 13. The Planning Board initially discussed the issue at a March 20 meeting. The board held a public hearing on April 17 before sending its final recommendations back to the Committee of the Whole, which did not meet again until June 25.

Councilor John O’Hara was vehemently opposed to the restrictions Monday. He said he felt the Planning Board’s recommendations would keep fireworks stores out of Westbrook, which would cost the city jobs.

“Nothing smacks worse then when we try to create jobs in this community and then we’re thwarted by our Planning Board,” O’Hara said. “What a kick in a teeth to those of us who have promoted this as a job creator. The Planning Board effectively shut this down.”

“They certainly didn’t listen to the council when we handed it to them,” O’Hara said, adding a recent push by Westbrook to become a “business-friendly community” would be hurt by these restrictions.

“If we were to approach all new businesses this way, we might as well shut the doors in this community,” he said.

Councilor Mike Foley agreed with O’Hara’s assessment of the proposed restrictions.

“It doesn’t really feel like we’re open for business,” he said

He also said he would like to see sales expanded beyond the Gateway Commercial District, citing the Route 302 corridor as one possible place where stores could be located.

Foley also took issue with the restriction on signs, pointing out that existing businesses in the Gateway district are allowed to have signs with graphics and bright colors, and he felt that putting strict limitations on signs at fireworks stores was unfair.

“If we want to allow a business to flourish, it’s a proven fact that a sign makes a difference,” Foley said.

Code Enforcement Officer Rick Gouzie said that there are no applications to bring a fireworks store to the city.

Public Safety Director Mike Pardue said the state law limits fireworks use to the hours of 9 a.m.-10 p.m., with the exception of July 4 and Dec. 31, when they can be used from 9 a.m.-12:30 a.m. the next day. Additionally, Pardue said that fireworks could only be shot off from property owned by the user or property where the user has permission from the owner to use fireworks. Fireworks cannot be used on public property such as parks, ball fields or roads.

Since consumer fireworks were made legal in the state in January, Pardue said that there had not been a significant number of complaints about their use in Westbrook. He said that since the start of 2012, the dispatch office has fielded 21 complaints regarding the discharge of fireworks and the resulting noise, adding that several of those complaints came in connection with the rescheduled Westbrook Together Days fireworks, held on June 20.

Pardue said he believed the complaints this year were up slightly over last year, but didn’t think it was “a significant increase.”