Following a tense conversation during a Wiscasset Select Board meeting on July 16, a firearm discharge ordinance was dismissed by the board due to its potential legal implications.
The board spoke about the proposed ordinance at length during the meeting, with some members voicing concerns about how the ordinance could be construed as a regulation on hunting in the town, an action that is against state law.
“If passed, we could be sued for limiting hunting … and lose,” said board member Bill Maloney.
Resident Leslie Roberts first brought the issue to the attention of the select board in January when she stated her concern about hunters shooting too close to populated areas in Pottle Cove.
“I’ve seen (hunters) shoot straight across the marsh, when they missed a shot. It gets a little bit hot and heavy down there,” said Roberts during the July 16 meeting. “The point of this is safety for people that live around the cove … It’s not about hunting, it’s about people hunting in an area that is densely populated, everybody’s out walking.”
This spring, at the directive of the select board, the Wiscasset Ordinance Committee researched firearm discharge ordinances developed by other municipalities, as well as state regulations, according to Lincoln County Regional Planning Commission Executive Director Emily Rabbe. The committee prepared a draft ordinance modeled after ordinances from other municipalities, such as Gardiner, who created its firearms discharge ordinance in 2016.
The purpose of the proposed ordinance – which covers the area stretching from Pottle Cove Road to the Wiscasset Elementary School on Federal Street – would be to restrict the discharge of firearms in order “to protect the health, welfare, and safety of residents,” according to the draft. Firearms covered in the ordinance include air rifles, air guns, any gas-charge weapon, and any firearm discharged by gun powder.
Despite the concerns posed by Roberts, Town Manager Dennis Simmons said the proposal could be interpreted as the town taking away hunting in the area covered by the ordinance, a statement some members of the select board agreed with.
“Leslie’s comments seem to indicate that the whole purpose of this is to limit hunting. Can’t go there,” said Simmons. “I think it is my opinion, based on this draft ordinance, that you’re taking (hunting) away, because you’re not allowing any hunting at all, which we’re not allowed to regulate.”
Wiscasset Select Board Chair Sarah Whitfield said she was not comfortable making a decision without public input. Aside from posing a few clarifying questions regarding the area the ordinance would cover, members of the public did not comment on the proposed ordinance at the July 16 meeting.
Board member James Andretta voiced his disdain for the proposed ordinance, describing it as a “hunting prohibition.”
“If it was a safety issue, then we would have this as a shotgun-only zone, and that’s not what the intent was when it was brought to us,” said Andretta.
Ultimately, the board voted 3-2 not to move forward with the ordinance, with Maloney, Andretta, and Pam Dunning securing the majority vote.
The next meeting of the Wiscasset Select Board is at 6 p.m. on Tuesday, June 30 at the town office.
