Fort Kent town council disagrees with planning board on regulating fireworks

FORT KENT - At a town council meeting on Jan. 23, Fort Kent council members voted unanimously to develop an ordinance that prohibits the sale and use of consumer fireworks within the town limits after the new state law allowing fireworks in the state went into effect Jan. 1.

The town council's decision is in opposition to the town planning board's decision.

According to Fort Kent Town Manager Don Guimond, during a recent board meeting planning board members agreed to take no action around a new town fireworks ordinance because they deemed existing state fireworks law "more than adequate for the town of Fort Kent."

Fort Kent is currently without a fireworks ordinance, which means state law has jurisdiction. Guimond pointed out during the town council meeting that state regulation relieves the town from potentially assuming liability in cases of injury from use of fireworks.

He also pointed out that creating an ordinance which is unenforceable essentially makes the ordinance meaningless. Guimond said the same result would occur if the town enacts an ordinance, but council members pass many exceptions to the ordinance's restrictions.

As an audience member, Town Code Enforcement Officer Dennis Cyr questioned whether a trial period under the existing state regulation would be useful in order to see if problems develop.

Council member Priscilla Staples said the largest concern was safety for children. She described her experience in the military in which service members received injuries around explosive devices, even with precautions in place. She also explained incidents in her experience as a nurse in which small fireworks such as sparklers injured children.

Before the town can enact the ordinance, the town must follow a public approval process. If Fort Kent residents approve the proposed ordinance, Fort Kent would be one of 12 communities in the state to develop fireworks ordinances that are stricter than the state guidelines.

Fireworks used at larger events, such as those at the Ski Tow, are in a different class and will be unaffected by the proposed town ordinance or existing state regulations on consumer fireworks. The state or town ordinances allow the use of sparklers or other similar smaller fireworks that were already legal in the state prior to the Jan. 1 law.