With a 3-2 decision, the Wiscasset Board of Selectmen voted to advance a warrant article that, should it pass in a town referendum, would regulate the use and sale of fireworks.
Voicing her opinion on the issue publicly for the first time, Board chair Judy Colby said she could not support a warrant article that would allow firework use in Wiscasset.
“I wrestled with this for a month, “Colby said. “I personally cannot vote for the fireworks ordinance. We’re opening up Pandora’s Box.”
Colby said that the revenues brought in from the sale of fireworks would not compare to the costs associated with having to regulate the new items.
Bill Curtis joined Colby in voting against the ordinance.
The Board considered two competing warrant articles. The other would have banned fireworks.
Beginning Jan. 1, 2012, the use and sale of consumer fireworks will become legal in the State of Maine. Individual municipalities can regulate fireworks within their jurisdiction. Should Wiscasset not pass a fireworks ordinance, fireworks will be legal for sale and use in Wiscasset sans regulation.
Vice Chair David Nichols cast the deciding vote. Saying that it was ultimately up for the people of Wiscasset to decide, Nichols ultimately voted in favor of sending the fireworks ordinance forward.
“Bill’s going to be mad at me forever,” Nichols said jokingly, referring to Curtis’ staunch opposition to the ordinance.
Nichols joined Selectmen Pam Dunning and Ed Polewarczyk in voting in favor of the ordinance.
Polewarczyk echoed Nichols’ sentiments.
“We don’t decide the legislation, the people do,” Polewarczyk said.
Before voting for the measure, Polewarczyk introduced a motion that would increase the fines associated with improper firework use from $250 per incident to $500. A maximum fine of $2500 can be assessed.
Dunning had initially floated the idea of a middle ground between prohibition and authorization, saying she would consider voting to approve sales but wait for a citizen petition to allow usage.
Dunning ultimately voted to advance the fireworks ordinance, saying that even if fireworks are prohibited, people will still buy them out of town and set them off at their homes regardless.
“People will buy them and use them in any case,” Dunning said.
Knowing this, Dunning said the town should have rules and regulations in place.
The Board decided to move the ordinance forward to a town vote in order to have a law in place when the prohibition of fireworks sales and use is repealed beginning next year. The Board also sought to send a clear message to businesses seeking to sell consumer fireworks, particularly to Al Cohen of Big Al’s Super Values.
According to Cohen, obtaining a permit to sell fireworks costs $5000 upfront and $1500 per year. Regulations governing everything from building type to insurance must also be followed.
“I’d hate to see someone pay for their permit then have their town ban it,” Dunning said.
Wiscasset will get to vote on the fireworks ordinance Tues., Dec. 13 at the Wiscasset Community Center. The polls will be open from 9 a.m. to 8 p.m.
Citizens will also determine whether Wiscasset will join the Maine Public Employees Retirement System as a participating local district beginning Jan. 1, 2012.
