Newcastle residents debated the merits of a fireworks ordinance at a Feb. 13 public hearing before the Newcastle Board of Selectmen.
The selectmen ultimately decided to table the discussion until their next meeting.
A state law legalizing some fireworks, signed by Gov. Paul LePage July 1, 2011, took effect Jan. 1. Towns have the option to enact ordinances to restrict the possession, sale or use of fireworks.
Selectman Ellen Dickens advocated for strict regulation. “I’d like to see, at minimum, a total ban on the sale of fireworks,” she said.
Newcastle Fire Chief Clayton Huntley argued for some controls. “I think the village area should be protected,” he said.
Huntley acknowledged the town’s limited ability to enforce an ordinance, however, and said people frequently use fireworks in Newcastle and have for many years without incident.
“It’s not like it isn’t here and we haven’t had a problem,” Huntley said.
Huntley said he researched the issue and didn’t find any evidence that fireworks create a public safety hazard. “There’s no stat saying it’s good or bad,” he said. “Everything’s hypothetical.”
“It doesn’t seem plausible to create a law or a rule when we don’t have anything to go by,” Huntley said.
“The state [law] is still pretty restrictive,” Huntley said. “There’s very little you can purchase.”
Newcastle resident Shirley Welton argued for a comprehensive ban and said fireworks endanger the safety of children and create a fire hazard and a noise issue.
“I’d like to have them banned totally in town,” Welton said. “There are certainly highly populated areas in town where they need to be banned.”
Lisa Hunt, a member of the Newcastle Economic Development Committee, argued against any ordinance. “I feel the state law is sufficient,” she said.
Hunt said the responsibility for the safety of children lies with their parents.
The discussion largely focused on the issue of enforcement.
Huntley said Wiscasset has charged its fire chief with enforcing its recently passed ordinance. “He’s just scratching his head,” Huntley said. “He’s not a law enforcement person.”
Selectman Pat Hudson said an ordinance could be considered to protect Newcastle’s historic districts but called enforcement “a major headache” for the agency or officer deemed responsible.
Selectman Ellen McFarland said Newcastle should try to make any potential ordinance “somewhat consistent with what Damariscotta does, if anything.”
McFarland, who has two siblings in law enforcement, said an ordinance might not be enforceable by either Newcastle’s constable or the Lincoln County Sheriff’s Office. She also doubted whether it would be reasonable to expect the municipal code enforcement officer to take on the duty.
“An ordinance without enforcement is really nothing,” McFarland said.
Selectman Ben Frey advocated for limiting sales to “brick and mortar” establishments, ruling out the possibility of roadside stands.
“Limiting their use I just don’t see as practical at all. No way,” Frey said. “We don’t have the manpower, we don’t have the money to pay someone to enforce it.”
The selectmen will renew the discussion at their Mon., Feb. 27 meeting. The town’s attorney, Peter Drum, will be present at the meeting to discuss fireworks as well as issues with the town’s land use ordinance.
