After three public hearings and vocal complaints from residents, the Windham Town Council voted unanimously Tuesday to restrict the use of consumer fireworks in the town.

The vote was met by applause from seven residents who spoke against fireworks at the Oct. 25 meeting, several of whom had previously appeared before the council on the subject.

The new fireworks ordinance restricts the days that fireworks can be set off and requires residents to obtain a permit from Windham Fire-Rescue before using fireworks. The ordinance change will go into effect Nov. 25.

A four-year-old state law allows consumer fireworks to be shot off by anyone 21 and older on private property any day of the year from 9 a.m.-10 p.m., except on July 4 and Dec. 31, when use is permitted until 12:30 the following morning. The law does not allow the use of “missile” products, such as bottle rockets, sky rockets and aerial spinners.

Under the new Windham ordinance, the display of fireworks is not permitted in town except from noon-10 p.m. on July 3 and 4, New Year’s Eve and New Year’s Day.

While allowing fireworks every Saturday was discussed earlier this month, Saturdays now are considered restricted days under the newly passed ordinance.

Improper use will result in fines of $200-$400 for first violations and $300-$600 for subsequent violations.

At the recommendation of Fire Chief Brent Libby in September, the council included a clause that requires residents to obtain a burn permit from the Windham Fire-Rescue Department before lighting fireworks. That way, the use of fireworks is tied to weather conditions and will not be allowed if the fire danger class is at 3 or above.

The ordinance also restricts the use of fireworks within 150 feet of any building or structure. This clause was first considered in September in response to Stephen and Susan Earls, residents of Sebago Lake, who said they have found burn marks on their boat cover and float and debris from fireworks floating in the lake.

This week, Susan Earls addressed the council again, reiterating her safety concerns, and adding that hearing fireworks nightly is “like harassment.”

As at the two previous meetings, no one spoke in favor of fireworks. Several councilors said their correspondence with constituents has been entirely from people against fireworks.

Councilor David Nadeau asked to strike the restriction preventing fireworks within 150 feet of a building. He pointed out it may prevent residents in camps and homes on the lake, where lot sizes are small, from discharging fireworks at all.

Ultimately, the distance restriction was left in place. Councilor Tim Nangle said he supported the restriction, since it was added due to safety concerns heard by lakefront residents.

Several questions were put to Police Chief Kevin Schofield in response to concerns about enforcement of the ordinance.

Schofield said the goal of the Windham Police Department is “not to ticket and fine people,” but instead to encourage people to follow the rules through public education and outreach.

The new ordinance will keep the police busy for the first year or so, Schofield said, responding to complaints and educating people on the change.

Because Windham has allowed nearly unrestricted fireworks use for several years, adopting the new ordinance will require a “cultural shift,” he said.

Windham Town Hall