HomeMy WebLinkAbout2011-10-12 11-305 ORDINANCEtestifies. 11 305
Date: October 12, 2011
Item/Subject: Ordinance, Amending Chapter 113 of the Code of the Cry of Bangor, Firearms
and Fireworks
Responsible Department: Legal
Commentarl
This year the Maine legislature approved legislation to make the sale and possession of
consumer fireworks legal. The new law takes effect on January 1, 2012. The law includes a
provision that allows municipalities to adopt an ordinance to prohibit or restrict the sale and use
of consumer fireworks within the municipality.
ThIs Ordinance will amend the Code of the City of Bangor ro prohibit the use, possession with
the intent to use, sale, and possession with the intent to sell fireworks within the Ory of Bangor.
Manager's
Associated Information: Ordinance
Department Head
City Manager
Fhanie Director
Legal Approval:
City solicitor
v passage
1 First Reading page _ of_
Referral
�.1 345
,Assigned to Councilor Durgin - October 12, 2011
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CITY OF BANGOR
(TIRE.) Ordinance, Amending Chapter 113 of the Code of the City of Bangor, Firearms and
Fireworks
WHEREAS, the Maine legislature approved legislation to make the sale and. possession of consumer
fireworks legal; and
WHEREAS, the law takes effect on January 1, 2012; and
WHEREAS, the law includes a provision that allows municipalities to adopt an ordinance to prohibit or
restrict the sale of consumer fireworks within the municipality; and
WHEREAS, it is in the best Interest of the City of Bangor on prohibit the sale of fireworks within the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT,
Chapter 113 of the Code Of the City of Bangor be amended as follows:
6113-5 Fireworks
A. Deflnitions. The followino definitions sh ll'applyi hints section
CONSUMER FIREWORKS—Consumer fireworks shall have me meanino as in Life e
Lf e ulations Section 555.11. r subsequent Provision, but includes oniv productsh
are tested and Certified by a3nJ bestinci a orato as conformInso with United States
umer Product SafeN CqrBgojg5Ln standards in accordance with 15 United Code
Chapter AJ "Consumer fineworks" does not' tl the follommg Products
1 Mesk-typemdeis asrefined State Fire Marshal by rule
(2) j9diwaters and aeral Wimari, as refined! by the Scope Fire Marshal by I tl
(3) Sky rockets and bl&ls rockets.For purposes of this paragraph," k k is and bottle
mets" means cvindrucal tubes to t more than 20 grams of chton'
as defined by the State Fire Marshal by rule Wm a wooden stick anched for quidan
and stability that riinto the ti d that may Produceb t of color a
sound at or near the height of F1' ht
DISPLAY --Display means an entertainment feature wh ie the public or a private group is admitt�
or Permitted to view the displav or disrhame of fineworks or specialeffects.
B. Prohibition No person shall uscr Possess With the- intent to the Cftv of Baroorr sell,
C. Exception. This section does not apply to a person squed a finewoft displav varmit W the ON
of Bangor and/or the State of Maine pursuant to 6 M R 5 A. 6227-A
D. Seizure and chwosat of fireworks. The OW may serte consumer fireworks Unat the City has
OMLgibig use to beffeve aresled or sold in wiglilliga pf this section and shall
forfeit seized consumer fireworks to the State for disposal
1§-,$L-SLViolatons and penalties.
Whoever violates any of the foregoing sections of this chapter shall be punished by a fine of not les
than $100 nor more than $1,000 for each offense.
AddRbns are underlined , deletions ugh.
IB CITY 0006CIL
October 12, 2011
Motion made aad SecoMed for First Beadiug
We. Lymn Pratt of Orriugtouspoke In opposition to
Thin Ordinance and stated that nmy residents Who A11 -IM
Had hese surveyed mere in favor of fireworks.
Ma. pat Stevens of 2 l Novell Bond urged comcil ORDINANCE
support. Nr. David Lavine of Passer said he felt
that be didn't Want Bangor residents to Mme r
to
l���r_ �n
Purchase, £iremorka fvl Amounts, (Tav4r ll'� the Code v4
Holl Call Vote Requested the City of Bangor. FirearmsaM F£revorks
vote: y-2
Councilors voting Yes: Bla.c4ette, Branum. -
Durgin, Cratmlek, Bayes, Palmer S Reston
Councilors Voting No: Longo B Woolley
Passed First Reading AstiTM bCwM�w T, o.fal r�
IN CITY COUNCIL
October 26, 2011
Notion Made and Seconded for Passage
vote: 'i 8-1
Councilors, Voting Yea: Blanchette, Branson,
Durgin. L4atvick, Bayes. Bentley. Palmer h Weston
Cauucilore voting No: Longo