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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 r 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