5-4-1: AMENDMENT TO FIRE PREVENTION CODE:

Insofar as the provisions of this chapter conflict with the provisions of the fire prevention code, especially article 13 thereof, as adopted by section 5-2-1 of this title, the provisions set forth herein shall be deemed to govern. (1980 Code)

5-4-2: FIREWORKS DEFINED:

The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and shall include sky rockets, Roman candles, dago bombs, blank cartridges, toy cannons, toy canes or toy guns in which explosives other than toy paper caps are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, sparklers or other fireworks of like construction and any fireworks containing any explosive of flammable compound or any tablets or other device containing any explosive substance. Nothing in this section shall be construed as applying to toy paper caps containing not more than twenty five hundredths (0.25) of a grain of explosive composition per cap, and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military or navy forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical or athletic events. (Ord. 126, 4-25-1967)

5-4-3: FIREWORKS RESTRICTED:

It shall be unlawful to sell, transport or use any fireworks within the city except as hereinafter provided.

It shall be lawful for any person to possess for sale within the city, sell or offer for sale at retail, or use within the city the permissible fireworks herein enumerated. Permissible fireworks shall include dangerous articles and more specifically shall include, and be limited to, the following, but specifically excluding sky rockets, Roman candles and dago bombs:

   A.   Helicopter type spinners, total pyrotechnic composition not to exceed twenty grams (20 g) each in weight;

   B.   Cylindrical fountains, total pyrotechnic composition not to exceed twenty five grams (25 g) each in weight. The inside tube diameter shall not exceed three-fourths inch (3/4");

   C.   Cone fountains, total pyrotechnic composition not to exceed fifty grams (50 g) each in weight;

   D.   Wheels, total pyrotechnic composition not to exceed sixty grams (60 g) in weight for each driver unit, but there may be any number of drivers on any one wheel. The inside bore of driver tubes shall not be over one-half inch (1/2");

   E.   Illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed one hundred grams (100 g) each in weight;

   F.   Sparklers and dipped sticks, total pyrotechnic composition not to exceed one hundred grams (100 g) each in weight. Pyrotechnic composition containing any chlorate shall not exceed five grams (5 g);

   G.   Firecrackers with soft casings, the external dimensions of which do not exceed one and one-half inches (11/2") in length or one-fourth inch (1/4") in diameter, total pyrotechnic composition not to exceed two (2) grains each in weight;

   H.   Whistles without report, total pyrotechnic composition not to exceed forty grams (40 g) each in weight.

It shall be unlawful for any individual under the age of eighteen (18) to possess for sale, sell or offer for sale within the city, permissive fireworks herein enumerated.

It shall be unlawful for any wholesaler to sell, or offer for sale within the city, fireworks, except as herein defined. (Ord. 126, 4-25-1967)

5-4-4: DATES SALES PERMITTED; DISCHARGE HOURS; DEBRIS:

   A.   No person shall offer "fireworks" of any kind as defined herein for sale at retail at any time other than:

      1.   From ten o'clock (10:00) A.M. to ten o'clock (10:00) P.M. on June 24 through July 3 and from ten o'clock (10:00) A.M. to twelve o'clock (12:00) midnight on July 4; and

      2.   From ten o'clock (10:00) A.M. to ten o'clock (10:00) P.M. on December 29 through December 30 and from ten o'clock (10:00) A.M. to twelve o'clock (12:00) midnight on December 31;

of each year.

As a condition to being able to offer fireworks for retail sale, the seller of fireworks shall post a complete copy of the city's fireworks ordinance in a prominent location at the place of retail sale so as to be readily observable to customers.

   B.   It shall be unlawful for any person to discharge fireworks within the city at any time, except during the following hours:

      1.   Ten o'clock (10:00) A.M. to ten o'clock (10:00) P.M. on July 1 through July 3;

      2.   Ten o'clock (10:00) A.M. until twelve o'clock (12:00) midnight on July 4; and

      3.   Eleven o'clock (11:00) P.M. on December 31 until one o'clock (1:00) A.M. on the immediately following day.

   C.   It shall be unlawful for any person to discharge fireworks from or on any city property.

   D.   It shall be unlawful for any person to leave or deposit firework debris or litter in or upon any city property, or street, alley, or adjacent right of way located within the city. (Ord. 244, 12-21-2010)

5-4-5: SUPERVISED PUBLIC DISPLAY OF FIREWORKS:

Public displays of fireworks shall be unlawful except as hereinafter provided. Applicants for supervised public displays of fireworks by fair associations, amusement parks and other organizations or groups of individuals shall obtain permits and any required indemnity bond from the state of Montana, department of justice's fire prevention and investigation bureau in advance of the date of the display. Every such display shall not be hazardous to property or endanger any person or persons. After such permit has been granted and any required indemnity bond obtained, sales, possession, use, and distribution of fireworks for supervised public display shall be lawful for that purpose only. A granted permit shall not be transferable. (Ord. 206, 6-18-1996)