City Reminds Residents of Illegality of Fireworks

Keith Thibault June 22, 2020 Comments Off on City Reminds Residents of Illegality of Fireworks

The City of Fall River has issued another warning to city residents as to the illegality of fireworks in the Commonwealth.

From the Mayor’s Office:

Fireworks Illegal in Massachusetts

(Fall River, MA- June 22, 2020)- The City of Fall River and the Fall River Police Department (FRPD) are reminding community members that all fireworks are illegal. Government Center and the police department have received countless complaints of firework usage at all hours of the day and night. The FRPD has sector specific patrols working solely on addressing
fireworks.

“I am respectfully asking our residents to not purchase or set off fireworks” said Mayor Paul E. Coogan. “Please be considerate of your neighbors and their pets. I understand the weather is getting nicer which allows for more outdoor activities, but these loud sounds are disturbing the quality of life for all and they are extremely dangerous. I know our police department is working diligently to answer these calls.”

“We are assigning officers to specifically respond to complaints related to fireworks,” said Fall River Police Chief Jeffrey Cardoza. “Those found to be selling, possessing or igniting fireworks will have them seized and charged criminally.”

Residents are encouraged to call the Fall River Police Department’s general line to report firework complaints- 508-676-8511.

City if Fall River Noise Ordinance
§ 46-7 Noise.
A. All noises that menace the health or interrupt or disturb sleep of residents of the City between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 8:00 a.m. on Sundays are hereby prohibited.
B. Without limiting the generality of Subsection A of this section, it is intended by this section that the following noises are prohibited: those caused by trucks, the loading or unloading of trucks, all types of mechanical devices, including lawn mowers, and animals and birds.

Massachusetts Fireworks Law
MGL Chapter 148, S. 39

What does the law prohibit?
It is illegal for private citizens to use, possess, or sell fireworks in Massachusetts, or to purchase them legally elsewhere and then transport them into the state. The law prohibits any article designed to produce a visible or audible effect.

Sale of fireworks
Penalty: Fine or imprisonment or both, and confiscation
Fine: $100 to $1000
Imprisonment: Maximum of 1 year
Seizure of fireworks: Mandatory
Who can arrest? Any officer qualified to serve criminal process.
Must an officer arrest? No. Statute says the officer may arrest without a warrant.
Must an officer seize the fireworks? Yes, the statute says the officer shall seize any fireworks.

Possession, use, cause to explode of fireworks
Penalty: Fine and confiscation only
Fine: $10 to $100
Seizure of fireworks: Mandatory
Who can seize? Any officer qualified to serve criminal process.
May an officer arrest? For possession, no. The statute only provides for a fine upon conviction and automatic confiscation of fireworks.
Must an officer seize the fireworks? Yes, the statute says the officer shall seize any fireworks.

Seizure
Can people get their fireworks back? No. If convicted, the fireworks are forfeited to the state.

Information from Office of the State Fire Marshal • www.mass.gov/dfs • (978) 567-3380

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