WESTBROOK – Consumer fireworks are now officially banned in the city of Westbrook except for three days a year, when they can be used to ring in the New Year and celebrate the Fourth of July.

The ordinance, which limits fireworks displays to July 4 and 5 from 9:30 p.m. until 12:30 a.m. the next day and on Dec. 31 from 9:30 p.m. until 12:30 a.m. on Jan. 1, was passed during Monday’s City Council meeting, despite arguments from the public and councilors on both sides of the heavily debated issue.

Other requirements for those hoping to set off fireworks include the need for a $10 permit from the fire department, written approval from property owners to allow the use of fireworks on their property, a 20-foot setback from all buildings and an allowance for police to seize the fireworks if they catch someone not in compliance with the new ordinance.

On high fire danger days, fireworks permits will not be handed out. Rain could also impede the displays, meaning there is a maximum of three days a year enthusiasts can fire off fireworks, but it could be less than that.

Councilors Mike Foley and John O’Hara voted against the new ordinance, citing the strict limitations and feasibility of enforcing the ordinance as issues.

Unless the police arrive before the display is finished and catch the person responsible for lighting the fireworks, it is up to the neighbors to point out who had set them off.

The person calling in the fireworks complaint to the police department would have to provide a written statement saying someone was seen setting off fireworks, and then appear in court later to testify against the person, according to Chief Mike Pardue.

“I believe that this is another piece of legislation that is unenforceable no matter how hard we try,” said O’Hara. “If you’re going to call the police and you expect to wipe your hands of it the moment you hang up the phone, that’s not going to be the case. You’ll get summonsed to court, you’ll have to go and testify against your neighbor. You’re going to have to live beside your neighbor and it could get really ugly after that. Your neighbor will no longer be your neighbor. It could get really ugly ladies and gentleman, over something someone is trying to do to have a celebratory minute or two.”

Suggestions were made by members of the public to modify the ordinance and try to keep both sides happy.

“We need to strike a balance,” said Jeremy Champagne, a Westbrook resident who spoke during the meeting.

Champagne said he understood some people did not appreciate the noise, but, there were types of fireworks, called fountains, that do not fly into the air or make any noise. He offered to show councilors those type of fireworks and help them re-craft language to address all the different types.

Champagne also suggested allowing fireworks enthusiasts to have a fireworks park somewhere in the city, far enough away from homes that the booms from the explosives would not disturb anyone.

Consumer fireworks include firecrackers, Roman candles, sparklers and fountains, that emit sparks of various color when lit.

While some, including Councilors Mike Sanphy, Paul Emery and student representative Liz Torrey, who said she had a firework explode in her mailbox on Sunday evening, supported the idea of a fireworks park, Natalie Burns, city attorney, said that would not work because of limitations on the state’s fireworks ordinance. Because the state ordinance said property owners must have permission to shoot off fireworks on other people’s property, Burns did not think the city could designate a space and still be in compliance with the state law. She also said finding a space would be an issue.

Neighboring towns have adopted their own regulations regarding the consumer fireworks.

Gorham’s fireworks ordinance went in to effect last September and includes a 150-foot setback from any building, requires a permit that will not be issued on fire danger days and restricts fireworks to 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, restricts 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.

On the other side of the argument, Councilor Victor Chau said he had researched the fireworks laws and even took a trip to fireworks retailer Phantom Fireworks on July 3 to see what the store offered.

“There were grown men smiling ear to ear. Their carts were full and the kids were happy. I was smiling because everyone was smiling,” Chau said.

But he found in his research a variety of fireworks that were loud enough to rattle windows of three houses in either direction and fireworks that made a large mess, two of the biggest problems associated with the displays.

Pardue said his officers would work to educate the public before taking any action against the offenders, giving them a warning and explaining the new ordinance the first time police officers receive a complaint. For repeat offenders, Pardue said the police will take action.

Some residents said they would continue to shoot off the fireworks despite the ban, which took effect this week.

Helen Black said she’d be lighting fireworks off on Feb. 28 in honor of her son, who died in 2007.

“I know he’ll be watching and he’ll love it because I’m going to be blowing up fireworks,” she said.