After more than six months of discussion and an extensive review of the fireworks ordinances adopted by other municipalities in Maine, the Alna Planning Board has decided to rely on state law for the restrictions in its local ordinance.
Reluctant to create a fireworks ordinance which is unenforceable, planning board members collectively agreed at their Nov. 2 meeting the ordinance developed by Alna should not be more restrictive than state law.
The planning board will hold a public hearing on Dec. 7 to explain the stumbling blocks encountered in the ordinance’s development and to hear and understand residents’ concerns regarding the use of fireworks in town.
In 2012, the Legislature approved the commercial sale and use of fireworks. Since then, several municipalities have adopted local ordinances restricting their use.
At Alna’s annual town meeting in March, voters approved a warrant article directing the town to develop its own fireworks ordinance. The article appeared on the warrant as the result of a citizen’s petition circulated by resident Paul Lazarus.
Selectmen charged the planning board with the ordinance’s development. Since given the task, the planning board has reviewed the ordinances adopted by several municipalities in Maine, including Lisbon, Winthrop, Lincolnville, Damariscotta, and Wiscasset, among others.
The stumbling block for Alna, which delayed the completion of its draft ordinance, is enforcement, members said. Chair Sean Day reported to the board his conversation with a Lincoln County Sheriff’s Office official who said the sheriff’s office could not enforce a local ordinance unless a memorandum of understanding was reached between selectmen and the sheriff’s office.
According to Day, the sheriff’s office is only able to enforce state law unless an extra step is taken between municipalities and the sheriff’s office.
Planning board members expressed concern an increased financial burden would be placed on the town if the code enforcement officer became responsible for enforcement of the ordinance. Members also expressed concern about placing an additional burden on the sheriff’s office if it became the enforcement body for violations of the ordinance.
Members noted many of the towns whose ordinances were reviewed had their own police departments, which is a built-in enforcement arm for restrictions adopted by those municipalities. Complaints over fireworks violations could quickly descend into a he-said, she-said scenario with alleged violations difficult to definitively prove, members said.
Fire hazard concerns and the negative reaction of livestock to fireworks were the primary reasons given by residents who supported the adoption of the ordinance at town meeting.
The public hearing in December will be an opportunity to hear concerns regarding fireworks from residents and educate residents about the difficulties in developing an ordinance that cannot be enforced.
The public hearing is scheduled for Dec. 7 at 7 p.m. with a location in Alna to be determined.
