Even though consumer fireworks are legal statewide under 8 M.R.S. §221-A for persons 21+, Portland has opted out under home-rule authority and prohibits use, sale, possession with intent to use, and possession with intent to sell. Violators face fines of $200 to $600 per incident. Only sparklers and permitted public displays are allowed.
On September 19, 2011 — shortly after the Maine Legislature legalized consumer fireworks (8 M.R.S. §§221-A, 223-A), the Portland City Council adopted Chapter 10 amendments banning consumer fireworks citywide. Under the Portland ordinance, 'no person shall use, possess with the intent to use, possess with the intent to sell, or offer consumer fireworks for sale' within Portland. 'Consumer fireworks' has the meaning given in 8 M.R.S. §221-A (the federal 27 CFR 555.11 definition). Display fireworks remain permissible only when conducted under a permit issued by the State Fire Marshal under 8 M.R.S. §223 and approved by the City. Sparklers — which are classified as 'novelties' rather than consumer fireworks under federal law — are not covered by the ban. Portland's ordinance is listed in the Maine Office of State Fire Marshal's registry of Municipal and Plantation Consumer Fireworks Ordinances. The ordinance is also supported by 17-A M.R.S. §501-A, which makes loud/unreasonable noise from consumer fireworks a Class E disorderly-conduct offense statewide.
Per the Portland fireworks ordinance, any person who uses or possesses consumer fireworks is subject to a fine of $200 to $600 per violation. Police may seize the fireworks as contraband. Repeated or commercial-scale violations may also be charged as Class E disorderly conduct under 17-A M.R.S. §501-A, carrying up to 6 months in jail and a $1,000 fine.
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