Boothbay contacts sheriff’s office about enforcing noise ordinance

Selectmen also consider stricter fireworks ordinance
Tue, 06/20/2017 - 8:00am

    Boothbay selectmen responded June 14 to a plea for help from a Beath Road resident. Mike Leighton requested town officials take steps to enforce the noise ordinance. Leighton complained about an ongoing problem with a neighbor regarding regular fireworks displays. Leighton requested town officials authorize the Lincoln County Sheriff’s Department to enforce local ordinances and consider adopting regulations for fireworks displays.

    Leighton described his problem with his neighbor as having begun several years ago after he complained about loud music. In recent years, the problem has changed from music to fireworks, Leighton said. He described the situation as both a nuisance and safety hazard. According to Leighton, the fireworks occur  at least two to three times a week, usually beginning in the afternoon and lasting until 9 p.m.

    In 2012, Boothbay adopted the state’s fireworks ordinance which allows displays until 9 p.m. Leighton tried seeking help from the Sheriff’s Department to enforce local noise ordinances. But he said department officials declined to act until receiving written permission from selectmen allowing local ordinance enforcement.

    “This is why I’m here. We can’t use the fireworks ordinance because it’s too lenient, but we can use the noise ordinance,” Leighton said. “I called the sheriff’s department, but they can’t act without some kind of letter from the town.”

    Leighton’s wife Heidi said about the displays, “It usually lasts many hours over several days.”

    The board didn’t realize it needed to contact sheriff’s department officials regarding local ordinance enforcement. The board voted 4-0 to send a letter authorizing sheriff’s department assistance for enforcing local ordinances. The board also took action on another one of the Leightons’ recommendations. The board will consider adopting a more stringent fireworks ordinance. Leighton has researched other municipal fireworks ordinances to use as a potential model for Boothbay.

    Mike Leighton believes Edgecomb’s ordinance has several elements which would serve as a good starting point. He listed several provisions of Edgecomb’s ordinance he hoped Boothbay would adopt, including requiring a permit and charging a fee for displays, having users clean up or remove debris landing on neighbors’ property, prohibiting consumption of alcohol and prohibiting those using fireworks from being under the influence or impaired, and placing fines and penalties between $500 and $2,500 for violators.

    He also likes Edgecomb’s rule against use within 150 feet of combustible structures, 50 feet from overhead wires and 100 feet from an abutter. Leighton decided after the most recent fireworks display on June 10, he needed town assistance.

    “I’m here because I fear he’s going to cause some serious damage,” he said. ”I don’t like fireworks coming down on my roof or want my house to burn. A fireworks ordinance would make several neighborhoods safer because the properties are so close together.”

    Leighton’s concerns were echoed by Selectman Steve Lewis who lives in the neighborhood. “This is a pretty accurate assessment of what goes on up there,” he said.

    Leighton and Lewis recommended creating a more restrictive ordinance, which also allowed for regular fireworks displays. “We don’t need anything that legislates use too harshly. We just need something to address this one issue. It hasn’t been a problem anywhere else in town,” Lewis said.

    The board also hired a new town constable to act on local complaints such as noise ordinance violations. The board voted 4-0 to hire Steve Pratt. The selectmen will also consider amending the fireworks ordinance at a future meeting. Selectmen estimated the earliest a revision would happen would be next spring.