It was a lively and mostly polite discussion about the proposed consumer fireworks ordinance during a public hearing before the Nobleboro Board of Selectmen Feb. 6.
During the meeting, the audience gathered gave the board considerable input to chew on, particularly in regards to firework usage in the Mills, impact on wildlife and use over lakes.
At the opening gavel, Chairman Dick Spear re-introduced the draft ordinance language sent forward to the selectmen from an ad hoc committee charged with creating a proposed ordinance.
On the ad hoc committee were Selectmen Spear, Deb Wilson, Al Lewis, Fire Chief Ryan Gallagher and Lincoln County Sheriff Todd Brackett.
In an overview Feb. 6, Spear stated fellow Selectman Deb Wilson favored a complete ban on fireworks and Spear favored no regulation whatsoever on consumer fireworks usage.
“The town asked us to do something to make it fair and equitable and to address the concerns of the people,” Spear said.
The draft language outlines prohibiting sales of fireworks in Nobleboro, and using them on fire-danger days.
Use may be permitted on personal property, or when written permission is given; and is only allowed May 15-Sept. 15 between 6 p.m. and 10 p.m., however fireworks are allowed July 3-5, and Dec. 31-Jan. 1 from 6 p.m. to 12:30 a.m.
Fireworks may not be used on Sundays at any time (unless when permitted dates fall on Sundays). They can’t be used within 300 yards of a farm building, or fenced area sheltering livestock without permission of the owner.
A proposed exception is in the case of special events, when fireworks may be allowed if the Nobleboro Selectmen grant special permission by issuing a permit.
Draft language for violation of the ordinance include first written warnings; second offense subject to a $100 fine, plus all applicable fees and costs; and third offense the subject is levied a fine of not less than $250, and no more than $1000, plus all applicable fees and costs.
The ordinance, if approved by Nobleboro voters at the polls Friday, March 15, would be enforced by Lincoln County Sheriff’s Office.
In clarifying and elaborating on the draft ordinance, Spear said special events exceptions might include weddings, “and if the Patriots had won the Superbowl, but we didn’t have to worry about that this year.”
Spear also said Kieve falls under the exception language because their fireworks are “state approved.” “We’re talking about private [consumers],” Spear said.
Of the entire document, Spear said, “This probably doesn’t suit the people that want fireworks banned, and it doesn’t suit the person who want to do them … this is a compromise and we are hoping this would meet everybody’s needs to start with.”
Since consumer fireworks became legal in Maine in 2011, Nobleboro farmer John Chapman said he’s often been awakened by fireworks late at night. “I think we need to go a step further and ban them completely. I’m here more for my animals; my animals hate it,” he said.
Chapman said he is against more regulations, but he personally mowed the field after 3000 fireworks were displayed on Damariscotta Lake, and saw the debris in the field and on the lake.
“How can that be allowed to take place and put in the lake?” Chapman said.
Clete Baltes, in support of “freedom,” read a lengthy statement praising the state that, “passed a law that gave us more freedom. Most laws take freedom away.”
Through his prepared statement Baltes said, though supporting public safety regarding fire danger, “everything else in this thing [draft ordinance] is about controlling people – restricting them. I’m here to protect people’s freedom. Why restrict them for four months in the summer and none on Sundays? That’s like the old blue laws. Most states did away with the blue laws in the 1960s.”
Baltes called getting a special-events permit “embarrassing. If I want to have a birthday party in April, I have to come to you to get a permit?”
In support of fireworks restriction, resident Marty Welt asked the selectmen to recall a written proposal he submitted at the Jan. 2 meeting, suggesting consumer fireworks be allowed July 3-4 and Dec. 31-Jan. 1, “and, if that is not acceptable, throw Saturday into the mix,” he said.
“I don’t think the ad hoc committee went far enough; I don’t think it [the draft ordinance] is in the spirit of what most of the people had in mind and it’s not what I had in mind,” Welt said.
Welt questioned the board for not addressing lake debris, impact on wildlife especially regarding nesting loons and eagles, topics that were addressed at the Jan. 2 meeting. “Livestock is one thing, and wildlife is affected the same,” Welt said.
He also reminded the board of its own suggestion in January of a town brochure for landlords, outlining fireworks use for visitors, along with a permission form, and the suggestion by Selectman Lewis that Damariscotta Mills be designated as a no-fireworks zone.
“There’s no comment on any of that at all – it wasn’t tackled in the ordinance,” Welt said. Welt said he believes if a poll were taken in the Mills, “they would buy into a total ban.”
Damariscotta Mills resident Russ Williams said he’s awakened by fireworks, and reminded the board a road project was delayed in the spring due to eagles nesting. Welt said, eagles are fledged in July and loons nest mid-May to June.
Spear said the ad hoc committee couldn’t come up with an area boundary in the Mills designated by set roads. “Wiscasset is restricted that way,” Spear said.
“This document says ‘draft’ on it for a reason,” Wilson said. “We find ourselves needing to come up with a compromise that’s reasonable. It won’t make everybody happy and we’ll rework some of this based potentially, on this feedback.”
Nobleboro resident Shoshanna Zuboff recommended “something less complicated [than the proposed draft]. Use holidays as a marker; most things stop after Labor Day, and there may be another issue about the Mills.” She suggested tightening up restrictions on holidays, making enforcement easier and the “permitting step would solve a lot of problems.”
She did however say, “I’m not sure deliberations were as thoughtful as they should [have been].”
Spear said the committee did research other towns’ ordinances, finding there’s “either a total ban or it’s restricted usually in the urban sections of town. We saw nothing around lakes. This [Nobleboro’s] is the most complex, as far as restricting dates.”
A major concern is enforcement, with some residents believing the proposed ordinance puts the burden on citizens who are disturbed to report violations.
Spear said, “By next Wednesday (Feb. 13), we have to have what’s going to be on the [March 15] ballot. If it gets voted down, the town has given us the mandate to make an ordinance at the next regular meeting, probably it would be a year before we do it again. This is a starting point we feel we can work off from.”
“We will certainly listen to what everyone has said tonight as we review this,” Wilson said.
The fireworks ordinance language must be approved in time to appear on the absentee ballots available for voters on Friday, Feb. 15, and voters go to the polls Friday, March 15.
