TOPSHAM

Foreside Road resident David Douglass is circulating a petition to overturn the June 12 referendum vote banning all use and sale of fireworks in Topsham.

Douglass, a selectman who said he launched the petition drive as a private citizen and not in his elected role, confirmed Wednesday that he’s gathering signatures in an effort to force reconsideration of the town’s consumer fireworks ban.

“None of this is being done … as a selectman,” said Douglass, who added that he has no plans to introduce discussion of the petition drive at selectmen’s meeting.

The petition seeks to overturn a six-option June 12 referendum that resulted in majority votes to prohibit the sale and use of consumer fireworks in town, Douglass said. It aims to compel Topsham to revert to state statute regarding regulation of sale and use of consumer fireworks.

A state law that allows sale and use of consumer fireworks took effect Jan. 1. Related to that change, many Maine cities and towns enacted municipal ordinances that limit or ban the sale and use of consumer fireworks.

The petition as provided by Douglass reads as follows: “To see if the town of Topsham will overturn the prohibition on the sale and use of consumer fireworks as defined in Topsham Code, Chapter 125-Prohibition of the sale of consumer fireworks and Chapter 126-Prohibition of the use of consumer fireworks and therefore permit the sale and use in accordance with state law.”

After a lengthy discussion during a March 8 meeting about the best way for townspeople to vote on proposed fireworks ordinances — by town meeting or referendum — the Board of Selectmen voted 4-1 to place six options on a June 12 municipal referendum ballot. Douglass cast the opposing vote.

The ballot was designed with three options for the sale of consumer fireworks (Question 1) and three options for the use of consumer fireworks (Question 2).

Voters chose between allowing consumer fireworks sale use as stipulated by state law, enacting an ordinance that would limit sale and use to specific areas in town or imposing an outright ban. For each question, the option to prohibit consumer fireworks garnered the most votes.

Douglass said he decided to circulate the petition after looking at results of that referendum. Options A and B for both the use and sale would have allowed some form of fireworks and, if tallied together, received more votes than the option that imposes full prohibition. Douglass also argued that the three-part questions confused voters.

His goal is to put the question out to voters in a referendum as part of the Nov. 6 general election, when a far greater voter turnout is projected.

He proposes a “clear and simple, ‘yes’ or ‘no’ question.”

“In my opinion this should be the end of the discussion one way or the other,” Douglass told The Times Record.

He is confident he can collect the required 459 signatures — representing 10 percent of the number of Topsham voters who cast ballots in the 2010 gubernatorial election — so the clerk can certify the petition and pass it on the selectmen and the town manager, who will then have to respond accordingly.

Douglass listed other factors in his decision.

“I want to have the ability myself to use fireworks, so that’s where it really starts,” Douglass said. “The process is a part of it, and the possibility of revenue in town. There was a fireworks outlet in negotiations to build in the Topsham Fair Mall until the possibility of the word ‘ban’ was used when selectmen put their questions forward.”

At that point, the plans were pulled, Douglass said. “That too, plays into it.”

Douglass began circulating the petition June 15. He said that as of Tuesday, he and five other individuals circulating the petition had gathered 111 signatures.

During three hours Saturday at the town’s solid waste facility, Douglass collected 56 signatures. Many residents who signed “didn’t realize it was banned,” he said. “They commented on how they were confused by the questions. Most of them said they are adults and should be able to make their own decision.”

Town Clerk Ruth Lyons said she has not had any other petitions related to fireworks turned in and is not aware of any circulating.

Douglass plans to deliver the signatures to Lyons by Labor Day to ensure that a question goes to voters on Nov. 6. Douglass said he’d like the ballot question to reflect the same wording as the petition question.

Upon receipt of a valid petition, selectmen can call a town meeting or hold a referendum within 60 days, Lyons said.