Selectmen unanimously cast a nonbinding vote Tuesday that a local woman’s bid to ban fireworks in town “ought not to pass.”
The fireworks proposal is one of two citizen-petitioned articles that will appear on the Town Meeting warrant. The other asks the town to authorize the state to issue licenses for the sale of malt liquor and wine to be consumed on the premises of licensed establishments on days other than Sundays.
Voters on June 12 also will be asked to endorse a $1.5 million town budget.
The proposed fireworks ordinance would prohibit any discharge of fireworks in town except town-sanctioned, professional displays.
Residents complained to selectmen Tuesday their children were being awakened by a neighbor setting off fireworks as late as 11 p.m. — incidents some called “harassment.”
Petitioner Wendy Gray, who owns an equestrian riding center on Post Road, said the fireworks blasts have scared horses and children on her premises. Pursuing the matter through court has rendered no relief, she said, because the town has no restrictions.
Selectmen were sympathetic to her concerns, discussing alternatives to a fireworks ban, but Board of Selectmen Chairman Brian Hobart made a motion that selectmen recommend the proposed ordinance not pass. His motion passed 5-0.
Selectmen expressed concern the ordinance was “too black and white” and too restrictive. They discussed possibly issuing a resolution to the Legislature seeking a setback for how close fireworks can be used to a farm or livestock.
Selectmen agreed they want the fireworks ordinance on the open Town Meeting warrant June 12 so voters can decide the issue.
Board members stated they would like residents to vote on the ordinance by written ballot, but that is a decision to be made by the Town Meeting body.
Selectman Doug Tourtelotte said the town would have to contract with the Sagadahoc County Sheriff ’s Department to enforce a fireworks ban. He asked whether failure to enforce an ordinance could pose as a liability for the town. Town Manager William Post said it could.
Tourtelotte said, “If the petition would have (prohibited discharge of fireworks)… I don’t know what a safe distance would be, 500 or 1,000 feet from a farm? I would have been all for that. Even getting a permit to have fireworks.”
“It’s not too late for the board at a later date … to have a resolution, and I hate resolutions but I’d do it, to the Legislature to have a setback for domestic animals,” Tourtelotte said.
Selectmen must send the fireworks ordinance to the voters as worded on the petition.
Post said there was a fireworks bill in the Legislature regulating the use of fireworks within a certain distance from livestock or domesticated animals, a concept draft bill which still may be worked on at the legislative level.
Post said he will try to set up a meeting between the residents present Tuesday and the sheriff ’s office.
Hobart said selectmen are committed to addressing the issue and asked for an update to be presented at the board’s May 28 meeting.
Tina Bisson of Topsham, who keeps her horse in Bowdoinham, told The Portland Press Herald in March that fireworks spook her animals, saying fireworks are being “used as a weapon to terrorize the horses by a neighbor.”
The state’s fireworks law took effect in January 2012 and allowed fireworks use from 9 a.m. to 10 p.m. by those 21 years of age or older on private property. Several bills are pending in the Legislature to expand limitations on fireworks, including when they can be discharged.
Towns are allowed to restrict or ban fireworks. Fifty-seven municipalities have enacted some kind of fireworks restriction.
The petitions for new liquor rules were circulated by Lynn Spiro, who owns and runs The Town Landing restaurant.
Spiro said many residents in town have said they’d like to have a place they can have a drink with their supper.
“I’m not looking to be a bartype establishment,” Spiro said Tuesday.
By state law, the liquor questions must go to voters in the form of a referendum June 11. Law also required petitions to be submitted separately for wine and malt liquor.
After the briefest of public hearings, selectmen also approved warrant articles containing the town’s proposed $1.5 million budget for 2013-14 — $43,869, or 2.9 percent, more than the current budget.
Town Meeting is June 12.
dmoore@timesrecord.com
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