(A) Discharging: The discharging of fireworks within the incorporated limits of the City of Havre shall be July 2 through July 4 from eight o'clock (8:00) A.M. to twelve o'clock (12:00) midnight and on December 31 from ten o'clock (10:00) P.M. to twelve thirty o'clock (12:30) A.M. January 1.
(B) Sale: The sale of fireworks within the incorporated limits of the City of Havre shall be July 2 through July 4 from eight o'clock (8:00) A.M. to twelve o'clock (12:00) midnight and December 31 from eight o'clock (8:00) A.M. to twelve o'clock (12:00) midnight. Fireworks may not be sold within the incorporated City limits except as provided in section 7-2-8 of this chapter.
(C) Special Circumstances: The Fire Chief, or their designee, shall determine if there are special circumstances that warrant the discharge of fireworks not provided for and authorize such use if the circumstance is community wide and of national, State and local significance.
(D) Professional Fireworks Displays Using Display Fireworks: These rules and regulations do not exempt the public displays of fireworks by a licensed, bonded pyrotechnic operator. Permits for any public display by a licensed bonded pyrotechnic operator from the Fire Department are required to conduct a public fireworks display. "Display fireworks" means an aerial shell, salute, flash shell, comet, sky battle, mine, and any similar Class C or Class B 1.3g (display fireworks) and 1.4g (consumer fireworks) explosive as defined by the U.S. Department of Transportation in part 173, title 49, Code of Federal Regulations. (Ord. 902, 10-2-2017)
(A) Possession of fireworks not allowed to be sold or discharged within the City limits by the State of Montana shall be illegal.
(B) It shall be unlawful for any parent, guardian, or custodian of any child, the child being age seven (7) or younger, to permit or consent to the possession or discharge by the child of any fireworks as defined herein, unless that parent, guardian or custodian be in direct supervision of the child at the time of discharge. For purposes of this subsection "direct supervision" means the overall direction and control of an individual and requires the individual furnishing direct supervision to be present and immediately available to furnish assistance while he or she is in possession of or is discharging any and all fireworks. Direct supervision also requires the individual directly supervising to control the application of flame or other means of discharge of the firework and must be no greater than ten feet (10') away from the individual being directly supervised at time of the firework's discharge. (Ord. 876, 4-4-2011)
Permissible fireworks, excluding skyrockets, roman candles, and bottle rockets, include, and are limited to, those that meet the definition of "common fireworks" as set forth in the U.S. Department of Transportation's Hazardous Materials Regulations, 49 CFR, parts 173.88 and 173.100, as they read on January 1, 1985, and that comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in 16 CFR, part 1507, as it read on January 1, 1985. (Ord. 876, 4-4-2011)
(A) City police officers and firefighters shall enforce these rules and regulations.
(B) Any official charged with enforcing these rules and regulations may:
1. Issue a notice to appear to City of Havre Municipal Court for violations of this chapter; and
2. Seize illegal fireworks that are offered for sale, sold, or in the possession of any individual in violation of this chapter; and
(C) Any person who violates these rules and regulations shall be guilty of a misdemeanor and subject to the following fines:
First offense | $ 100.00 |
Second offense | 200.00 |
Third offense | 300.00 |
Fourth and subsequent offense | 1,000.00 |
(Ord. 876, 4-4-2011)
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