WESTBROOK – Westbrook city officials took the first step in regulating the use of consumer fireworks Monday after several residents complained about the noise and danger from the blasts.
After proposing a ban, the Committee of the Whole instead decided to send to the City Council a draft ordinance for approval. It included requirements such the need to obtain a permit, a setback from the nearest building and time and date constraints.
The constraints would limit fireworks displays to July 4 and New Years Eve.
Since fireworks were made legal by the state last year, many cities and towns have come up with their own ordinances regulating the time, place and day fireworks can be set off within the community’s limits.
City Council President Brendan Rielly said any Westbrook regulations would not get passed until at least the end of July.
“I don’t think we’re necessarily talking about 2014. I don’t think we’re talking about July 4, but the end of July, which still leaves August and September and the rest of the year, too, so I think there is merit in going forward now. I agree with some of the comments that were made. I hope this gets us the framework to move forward.”
Residents who spoke in favor of a ban or regulation during the meeting expressed concerns about safety, frequency and noise.
“Tonight I urge you to recommend a ban on the use of consumer fireworks in Westbrook. It’s noise pollution,” said Andrea Stamey. “A few nights ago I was asleep and around 12:15, there were fireworks going off outside. It’s been going on intermittingly already, and it’s a disturbance to parents with young children.
“Think about war veterans, immigrants and refugees who have come from war-torn countries and have post traumatic stress syndrome from bombs going off and now they are brought back to that memory [because of the noise from the fireworks],” she said.
“I learned that there had been a ban [on fireworks in Westbrook] for 60 years until this recent passage, which I think says a lot. My household and animals have been woken up,” said Cindy Castleman. “I can see a compromise around July 4 and New Year’s Eve. It won’t solve the problem and it will be very difficult to enforce.”
Out of the many residents who spoke during the meeting, only a few advocated for their continued use.
Randy Axleson admitted to being one of the adults who often set off the fireworks, and said he had recently attended a fireworks safety course held by Phantom Fireworks, a retailer of consumer fireworks.
“I don’t think you need to do it all the time,” Axleson said. “This year I haven’t spent as much [on fireworks], yet, but I’m only going to do it right around the Fourth of July. I like Gorham’s plan – you can have fireworks on Saturdays, the Fourth and first of the year.”
Axleson said he would even support only being allowed to shoot off fireworks one Saturday each month.
This is not the first time Westbrook has looked at regulating fireworks’ displays. In August 2012, Councilor Victor Chau brought forward a recommendation to regulate fireworks after he heard several complains from residents
At that time, many residents, including Stamey, Shawn Ganem, Ann Foye and others, suggested a total ban, while some suggested restrictions and having a permit process in place.
Westbrook has relied on the state statue to mandate fireworks blasts.
The state statue 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. Fireworks must also be used only on that person’s private property or on another person’s property if they have been approved by that property owner.
Gorham’s fireworks ordinance went in to effect last September and includes a 150-foot setback from any building and requires a permit that will not be issued on fire danger days. Fireworks can only be lit on July 3, July 4, Dec. 31, Jan. 1 and every Saturday. The displays must end by 10 p.m., except on July 4, when they must end at 11 p.m., and Dec. 31, when they must end by 12:30 a.m.
Scarborough’s ordinance, adopted in March 2012, regulates fireworks to July 3, 4 and 5, Dec. 31 and Jan. 1. Fireworks displays must end by 10 p.m. on non-holiday weekdays and by 12:30 a.m. the rest of the time.
The City Council will review the proposed regulation in an upcoming meeting.
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